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Article • September 15, 1998 • from PLN September, 1998
Washington Felon Voting Suit Proceeds by In the October, 1997, issue of PLN we reported Farrakhan v. Locke , a lawsuit challenging the felon disenfranchisement provisions of the Washington state constitution which prohibit convicted felons from voting. The defendants filed a motion to dismiss under Fed.R.Civ.P. 12(b)(6), arguing the suit …
Whitewash in Greene County by Mumia Abu-Jamal "There's an atmosphere created by (prison officials) in which this kind of thing has been going on for years. The attitude is, 'you're in Greene County now, boy.'" -- Randy Gauger, PA Prison Society, Eayette-Greene Chapter, ( PGH Post-Gazette , 4/26/98) Ahandcuffed man …
Article • August 15, 1998 • from PLN August, 1998
Racism in the Ranks by Willie Wisely By W. Wisely Agroup of prison guards at the California Institute for Men, in Chino, call themselves SPONGE, an acronym for the "Society for the Prevention of Niggers Getting Everything." In Wasco prison, a guard wears a sheet over his head while working …
Article • August 15, 1998 • from PLN August, 1998
WI Guard Settles Discrimination Suit for $105,000 by Ablack prison guard who filed a discrimination suit against the Wisconsin Department of Corrections agreed to a $105,000 settlement in December, 1997, shortly after a U.S. district court judge ruled the case would go to trial. An unusual term of the settlement …
Louima v. New York, NY, Complaint, Police Brutality, 1998 _....... . Case ". 1:98-cv-05083-SJ-CLP Document 1 Filed 08/06/98 Page 1 of 40 PageID #: 391 tr-- ... . lJNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK .: : n~ 1, rl C r :"' ·~ I _u '- 2 …
New York Prisoner Awarded $56,000 for Beating by U.S. Magistrate Judge Daniel Scanlon (Northern District, NY) ordered two guards at the Clinton Correctional Facility (CCF) in Dannemora, NY, to pay $56,000 in compensatory punitive damages to former CCF prisoner Nelson Cay to punish them for their "sadistic and savage beating" …
Discriminatory Policy Enforcement Actionable by The court of appeals for the eighth circuit held that the discriminatory enforcement of prison policies is actionable as an equal protection violation. William Foster is a black Missouri state prisoner. A prison policy required that all electronic equipment be bought from the prison commissary. …
Race Requirement for Religion Struck Down by Afederal district court in Louisiana held that a prison rule allowing only ethnic Native Americans to engage in Native American Religious (NAR) practices was unconstitutional. Seven Louisiana state prisoners housed in a private prison operated by the Corrections Corporation of America (CCA) on …
Delay in Treatment for Jail Prisoner Actionable by Afederal district court in Mississippi held that disputed issues of fact involving claims by a jail prisoner that he was beaten by his cellmates required a trial to resolve. Emmett Davis was sentenced to 54 days in the Greenville, Mississippi, jail because …
Damage Award and Attorney Fees in Censorship Suit Affirmed by The court of appeals for the eighth circuit affirmed a district court ruling awarding a prisoner $1 in damages and $500 in punitive damages against prison officials who censored racist religious publications pursuant to a "blanket ban" on such materials. …
Spanish Speaking Prisoners Entitled to Interpreters by In a wide ranging and extensive ruling a federal court in the District of Columbia held that by failing to provide interpreters to non English speaking Hispanic prisoners the DOC violated the plaintiffs' eighth and fourteenth amendment rights. As the first published ruling …
Eleventh Circuit Approves and Applies the PLRA by James Quigley By James Quigley The court of appeals for the eleventh circuit held that the provisions of the Prison Litigation Reform Act (PLRA) apply to cases pending prior to its enactment; that the filing fee requirements of the Act do not …
Uprisings in New York State Prisons by Julia Lutsky By Julia Lutsky Brutality by guards lay behind a major uprising at the Mohawk Correctional Facility in upstate New York in July 1997. Josea Benefield, a 22 year-old African-American prisoner in solitary confinement was reported to have hung himself with a …
Article • October 15, 1997 • from PLN October, 1997
Felon Disenfranchisement Laws Challenged in Washington by In the January and December, 1996, issues of PLN we reported Baker v. Cuomo, 58 F.3d 814 (2nd Cir. 1995) and Baker v. Pataki, 85 F.3d 919 (2nd Cir. 1996)(en banc) in which New York state prisoners were using the Voting Rights Act …
Eleventh Circuit Reinstates Beating Verdict by The court of appeals for the eleventh circuit reversed a judgment as a matter of law entered against a Florida prisoner after a jury found in his favor. The court reinstated both the verdict and a damage award for the prisoner. The court also …
Article • June 15, 1997 • from PLN June, 1997
Swastika Carved on CDC Prison Guard Rifle by In January of 1997 authorities at California's Folsom State Prison launched an investigation to find out who carved a swastika and a "white power" insignia into the stock of a staff rifle. Sgt. Jim Cook, president of the Folsom chapter of the …
Article • June 15, 1997 • from PLN June, 1997
California Prisoner Wins Judgment Against Guard in Shooting by Herbert Green, a 51 year old African-American prisoner, filed a pro se §1983 action against Robert Konkel, a prison guard at Calipatria State Prison, alleging that Konkel violated his eighth amendment rights by shooting him. The case proceeded to trial where …
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 …
Article • May 15, 1997 • from PLN May, 1997
Racial Rioting Erupts in L.A. Jail by Two days of bloody fighting between black and Latino prisoners at Los Angeles County jails left 200 injured, 188 with serious wounds and 26 with minor scraps and bruises. Three deputies were also hurt in the eight incidents at the Pitchess Detention Center …
Article • May 15, 1997 • from PLN May, 1997
Matter of Fact by [Editor's Note: all of this month's facts were gleaned from one source: "Intended and Unintended Consequences: State Racial Disparities in Imprisonment," a January, 1997, report of The Sentencing Project. Copies of this 25-page report are available for $8 from: The Sentencing Project; 918 F St., NW, …
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