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CDC Consent Decree Contempt Vacated by The court of appeals for the ninth circuit held that before a party can be held in contempt for violating a consent decree, the decree must set forth the required conduct in specific detail. Prisoners at the California Medical Facility (CMF) in Vacaville filed …
Article • June 15, 1997 • from PLN June, 1997
Ninth Circuit: PLRA Doesn't Apply to Habeas by The court of appeals for the ninth circuit held that the filing fee requirements of the Prison Litigation Reform Act (PLRA) do not apply to habeas corpus proceedings. "We... hold that the forma pauperis provisions of the PLRA relating to prisoner civil …
Massachusetts Prisoners Awarded Back Pay by A Mass. superior court judge ruled the state owes 2,253 current and former state prisoners about $1 million because they were not given a pay raise mandated by DOC regulations. In April 1991, new DOC regulations were issued that raised the top rate for …
Article • June 15, 1997 • from PLN June, 1997
PLRA Not Enough for Fourth Circuit by One of the PLRA's stated purposes was to cut down on "frivolous" prisoner litigation by requiring full payment of filing fees and imposing a "three strikes" limitation on prisoners who have had more than three suits dismissed for being frivolous or not stating …
Mississippi Detainees Awarded Damages in Disciplinary Suit by A federal district court in Mississippi held that the due process rights of two pre trial detainees were violated when they were placed in disciplinary segregation without a hearing. The court awarded each detainee $600 in damages. The court also taxed litigation …
Article • June 15, 1997 • from PLN June, 1997
Relation Back Period Suspended during IFP Application by The court of appeals for the third circuit held that the 120 day period allowed for amending complaints under Fed.R.Civ.P. 15(c) is suspended while a district court makes an In Forma Pauperis (IFP) determination under 28 U.S.C. § 1915. Donald Urrutia, a …
On the Edge of Midnight by Mr Wolf by Mr.Wolf An extraordinary ruling by the ninth circuit court of appeals in Hook v. State of Arizona, 98 F.3d 1177 (9th Cir. 1996), brought the Arizona prison system to the brink of disaster during the 1996 holiday season. The ruling is …
Grievance Retaliation Unconstitutional by The court of appeals for the second circuit reaffirmed that prison officials violate the constitution when they retaliate against prisoners who file administrative grievances. The court discussed the standard of review in prison retaliation cases. Patrick Graham is a New York state prisoner. After prison grievance …
Article • June 15, 1997 • from PLN June, 1997
PLN Readers Dissatisfied with Freedom Press by For several years PLN ran a free ad for Freedom Press, a post-conviction paralegal service based in Virginia and headed by James Gossard. After receiving a couple of complaints about their service, PLN discontinued the ad in May of 1995. We contacted Gossard …
Article • June 15, 1997 • from PLN June, 1997
Speedy Death Penalty Provisions Enjoined in California by A federal district court in San Francisco enjoined the state of California from putting its death row prisoners onto a federal court habeas "fast track." In the August, 1996, issue of PLN we reported enactment of the Anti-Terrorism and Effective Death Penalty …
Article • June 15, 1997 • from PLN June, 1997
Filed under: Work, Prison Industries
California Slave Labor Loses Money by In California there is a prisoner work program that is supposed to save taxpayers up to $50 million a year. However, a new study has shown that taxpayers are shelling out $180,000 annually. The program generates about $340,000 a year for the state, but …
Illinois Jail Conditions Suit States Claim by The court of appeals for the seventh circuit held a district court erred in dismissing a pretrial detainee's conditions of confinement suit for failure to state a claim under Fed.R.Civ.P. 12(b)(6). The court also held it was error to dismiss defendants not properly …
Denial of Eyeglasses Violates Eighth Amendment by The court of appeals for the second circuit held that a vision impaired prisoner who is denied medically prescribed eyeglasses states a claim for violation of the eighth amendment. The court also gave some interesting comments that this case should not be confused …
Article • June 15, 1997 • from PLN June, 1997
Wisconsin RFRA Jewelry Ruling Affirmed by The court of appeals for the seventh circuit held that a prison policy prohibiting prisoners from wearing crucifixes and all other religious jewelry violated the Religious Freedom Restoration Act (RFRA), 42 U.S.C. § 2000bb. In the August, 1996, issue of PLN we reported Sasnett …
Jury Verdict in Prisoner Attack Affirmed by The court of appeals for the seventh circuit affirmed a jury verdict of $10,000 in favor of a prisoner whose cell was opened by a guard in order for him to be attacked by other prisoners. Edward Paulick, an Illinois state prisoner, was …
Article • June 15, 1997 • from PLN June, 1997
Filed under: News, News in Brief
News in Brief by Brazil: On February 28, 1997, police stormed the Anibal Bruno prison in Recife where three prisoners were holding two guards and 20 prison visitors hostage in an escape attempt. When negotiations stalled the prisoners killed the guard hostages after which police stormed the prison, killing the …
Article • June 15, 1997 • from PLN June, 1997
Filed under: Editorials, Media, Censorship
From the Editor by Paul Wright The Bad News: In April of this year longtime PLN supporter Jerry Dreva died in his sleep from a heart attack. An artist and revolutionary, Jerry could always be counted on to help. Last year he made possible our 28 page issue commemorating the …
Article • June 15, 1997 • from PLN June, 1997
A Matter of Fact by Between 1984 and 1994, the number of non U.S. citizens serving time in a federal prison increased an average of 15 percent annually, from 4,088 to 18,929. The overall federal prison population, by contrast, increased an average of 10 percent annually, from 31,105 to 87,437. …
Brief • June 4, 1997
Filed under: Accidents
Petrycki v. State of Washington, WA, Release Tort, Airway Heights Scaffolding Accident, 1997 Claim # 31027639-01 '. r; ~." 1 ..:: { I:U; i RELEASE (TORT) FOR AND IN CONSIDERATION of the sum of Fifteen Thousand and 00/100 ($15,000.00 inclusive of all liens known and unknown), Michael W. Petrycki, his …
Case • 1997
United States v. Young - 107 F.3d 903 (DC Cir. 1997) - 1997 107 F.3D 903 UNITED STATES OF AMERICA, APPELLEE v. SYLVIA YOUNG, APPELLANT No. 96-3107 UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT 323 U.S. App. D.C. 270; 107 F.3d 903; 1997 U.S. App. February …
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