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Physical Injury Requirement Not Retroactive by A federal district court in New York held that 42 U.S.C. § 1997e(e), a section of the PLRA which requires prisoners to sustain physical injury before they can seek money damages, is not retroactive to claims arising before the PLRA's April 26, 1996, enactment. …
Article • July 15, 1997 • from PLN July, 1997
Not All Things Considered by Award-winning poet Martin Espada was commissioned by National Public Radio's "All Things Considered" to compose a poem as part of the radio network's April observance of National Poetry Month. NPR suggested a poem focusing on a news story from one of the cities Espada was …
Judge Rules Texas Prisoner's Death a Result of Excessive Force by On January 27, 1997, a guard at the French Robertson Unit in Abilene, TX, showed up to search Gary Lee Crenshaw's cell. Crenshaw, 31, serving a 45-year sentence for possession with intent to deliver cocaine, returned from the shower …
Hygiene and Retaliation Claims Require Trial by The court of appeals for the tenth circuit held that a prisoner's retaliation claim and claim that he had been denied hygiene items required a trial. The court affirmed dismissal of claims regarding inadequate law library access and his placement in administrative segregation …
Death Blossoms by Mark Cook Review by Mark Cook Mumia Abu Jamal's Death Blossoms walks the reader through a hallway of mirrors reflecting the thoughts of a prisoner of conscience contending with the oppressive diversion of a death sentence. Death Blossoms evades the State's attempt to silence him. In an …
Article • July 15, 1997 • from PLN July, 1997
Washington Prisoner Escapes from State's Most Secure Lockup by In July, 1996, John Allen Lamb, 33, hijacked a prison truck at knife point and attempted to ram the truck through security fencing at the Washington State Penitentiary (WSP) at Walla Walla [later reported in PLN's News In Brief]. The unsuccessful …
Article • July 15, 1997 • from PLN July, 1997
Administrative Exhaustion Requirements Not Retroactive by The court of appeals for the sixth circuit held that 42 U.S.C. § 1997e(a), which requires prisoners to exhaust administrative remedies before filing suit in federal court do not apply to cases pending on April 24, 1996, when the PLRA was signed into law, …
Article • July 15, 1997 • from PLN July, 1997
Filed under: PLRA, Filing Fees (PLRA)
6th Circuit Upholds PLRA IFP Provisions by The court of appeals for the sixth circuit rejected the first extensive constitutional challenge made to the In Forma Pauperis (IFP) provisions of the Prison Litigation Reform Act (PLRA). The PLRA changes to 28 U.S.C. § 1915, the IFP statute, were detailed in …
Article • July 15, 1997 • from PLN July, 1997
Automatic Stay Provisions by After a federal district court in Michigan found the Michigan DOC guilty of contempt for not complying with prior judicial orders on the prisoners' court access and educational opportunities, see: Glover v. Johnson, 934 F. Supp. 1360 (ED MI 1996), the defendants moved to immediately terminate …
Article • July 15, 1997 • from PLN July, 1997
PLRA Filing Fees Not Applicable to Habeas by The tenth and eleventh circuit courts of appeals held that the PLRA's filing fee requirements for indigent prisoners do not apply to habeas corpus petitions. The five other circuits to consider this question have reached the same result. Thus, indigent prisoners need …
Lucasville Uprising: $4.1 Million Settlement by In January, 1997, a settlement was filed in federal court in the three-year-old class action based on injuries stemming from the 1993 Easter Day uprising and 11-day siege at the Southern Ohio Correctional Facility (SOCF) at Lucasville, OH. The settlement establishes a $4.1 million …
Jury Trial May Require Plaintiffs' Presence by The court of appeals for the fifth circuit held that a district court erred in not allowing two pro se prisoner litigants to be present when their case went to a jury trial. The court also found error in the manner in which …
Article • July 15, 1997 • from PLN July, 1997
Suit Seeks to Expose BOP 'Suicide' Cover-up by A former U.S. Congressman and his organization are offering a $10,000 reward in the death of Kenneth Michael Trentadue. Congressman George Hansen says the U.S. Citizens Human Rights Commission is offering the money for the identification, indictment and conviction of the people …
Article • July 15, 1997 • from PLN July, 1997
Puerto Rican POW 'Graduated' from ADX Florence to USP Marion by Daniel Burton-Rose On November 8, 1996, Puerto Rican prisoner of war Oscar Lopez Rivera was transferred from ADX Florence to USP Marion after completing the 36-month "step program" at ADX in just 23 months. He received no disciplinary infractions …
Article • July 15, 1997 • from PLN July, 1997
Special Masters by The court of appeals for the ninth circuit held that 18 U.S.C. § 3626(f)(4), the portion of the PLRA which limits the hourly rates paid to special masters appointed to oversee court orders in prison litigation to $75.00 an hour paid for by the federal judiciary, does …
Consent Decree Termination by A federal district court in Indiana heard a motion by Lake County officials to dissolve a consent decree governing jail conditions. The motion sought immediate termination of the decree pursuant to 18 U.S.C. § 3626(b)(2) and (3). The court gave an extensive discussion to the history …
Article • July 15, 1997 • from PLN July, 1997
Filing Fees Required in Civil Mandamus by The court of appeals for the tenth circuit held that the PLRA's filing fee requirements apply when a prisoner litigant seeks a writ of mandamus in an ongoing civil suit. The court did not discuss whether this applied to writs of mandamus in …
Article • July 15, 1997 • from PLN July, 1997
PLRA Doesn't Apply to Immigration Detainees by The court of appeals for the fifth circuit held that the Prison Litigation Reform Act (PLRA) does not apply to immigration detainees. Anthony Ojo was convicted of a drug offense, sentenced to five years in prison and after completing that sentence the Immigration …
Article • July 15, 1997 • from PLN July, 1997
A Matter of Fact by A 15-year study of 1,300 sex offenders who were arrested in 1973, conducted by the California Dept. of Justice, found that 19.7 percent were re-arrested for a subsequent sex-offense. That figure may seem low, so in a dazzling example of statistical hocus-pocus, the study concluded …
Article • July 15, 1997 • from PLN July, 1997
New York Smoking Suit Set for Trial by A federal district court in New York held that prison officials were not entitled to qualified immunity for exposing prisoners to Environmental Tobacco Smoke (ETS), also known as second hand smoke, and scheduled a trial to determine prison officials' liability. Several New …
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