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Article • April 15, 1998 • from PLN April, 1998
Third Circuit Applies ADA to Prisoners; Supreme Court Grants Review by The court of appeals for the third circuit held that the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101, applies to state prisoners. The supreme court later granted review to decide whether the ADA applies to state prisoners. …
Article • April 15, 1998 • from PLN April, 1998
Weights Banned in California by Willie Wisely by W. Wisely On January 2, 1998, Gregory Harding, Chief Deputy Director of the California Department of Corrections, issued an Administrative Bulletin announcing the end of weightlifting in the free world's largest prison system. The weightlifting ban includes prisons, Community Correctional Facilities, and …
Article • March 15, 1998 • from PLN March, 1998
Snitch Jacketing States 8th Amendment Claim by Afederal district court in New York held that a prison guard calling a prisoner a snitch with the intention of causing the prisoner harm by other prisoners states a claim for violation of the eighth amendment. Anthony Watson, a New York state prison, …
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 …
Article • March 15, 1998 • from PLN March, 1998
Struggle at Folsom by Willie Wisely by W. Wisely On August 11, 1997, almost 400 prisoners in California's New Folsom prison staged a one-day work strike to protest continuing elimination of privileges and programs. Six members of the Men's Advisory Committee were placed in administrative segregation, suspected of leading the …
Supervisors Liable for Excessive Force by The court of appeals for the eighth circuit affirmed an award of compensatory and punitive damages against a guard who beat a handcuffed and unresisting prisoner, the four guards who held the prisoner down during the attack, the lieutenant who supervised the beating and …
Article • March 15, 1998 • from PLN March, 1998
Tales from the Washington IMU Crypt by M L Reader Mail In case you'd like to report on recent events at Shelton [in one of Washington state's three "IMU" Control Units] here are the basics. In the first week of September [1997] a female guard told guys on F-tier to …
Article • March 15, 1998 • from PLN March, 1998
Attorney Fee Award in Smoking Suit Affirmed by The court of appeals for the eighth circuit affirmed an award of $11,299.17 in attorney fees to a prisoner who sued over being exposed to Environmental Tobacco Smoke (ETS, AKA second hand smoke). In the December, 1996, issue of PLN we reported …
AZ Jail's Discriminatory Treatment of Muslims Requires Trial by The court of appeals for the ninth circuit held that a district court erred when it granted summary judgment to jail officials regarding claims of discriminatory treatment by a Muslim jail prisoner. Benjamin Freeman was held in the Maricopa county jail …
Turning the Screws in California by Willie Wisely by W. Wisely Each year, the California Department of Corrections asks the Legislature for an ever-increasing piece of the state's tax pie based in part on claims that violence in the prison system is increasing. The truth is, violent incidents inside have …
Lucas v. White, CA, Settlement Agreement, Abuse of Inmates, 1998 i v. White • • • • • • • ! ! • H • H PC-CA-009-001 1 2 3 IN THE UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 7 ROBIN LUCAS, ET AL., Plaintiffs, 8 …
PLRA Attorney Fee Restrictions Not Retroactive by A federal district court in New York held that the restrictions imposed on recoverable attorney fees by the Prison Litigation Reform Act of 1996 (PLRA) do not apply retroactively and are not applicable to claims by attorneys retained prior to the PLRA's enactment …
Inadequate Prison Security Violates 8th Amendment by Afederal district court in Puerto Rico held a prison security officer could be held liable for a prisoner's murder when he knew of inadequate staff supervision and non functioning cell locks, among other things, and did nothing to improve security. Angel Orta Fernandez, …
Article • February 15, 1998 • from PLN February, 1998
Exposure to Cold States Claim Exhaustion Requirement of PLRA Not Retroactive by A federal district court in Illinois held that a prisoner's allegations of exposure to extreme cold while confined to a cell states an eighth amendment claim. The court also declined to apply the exhaustion of administrative remedies requirement …
Article • February 15, 1998 • from PLN February, 1998
PLRA Requires Winning Prisoner to Pay 25% of Defendants' Atty Fees by In the first published ruling on this issue, a federal district court in New York required a winning prisoner to pay 25% of the reduced attorney fees assessed against the losing prison official defendants. Kevin Clark is a …
Article • February 15, 1998 • from PLN February, 1998
Resources for Smoking Litigation: Health Effects of Smoking; Legal Cases on Smoking by Health Effects of Smoking: The American Lung Association offers a detailed, comprehensive series of booklets and reports which detail the negative health effects of smoking, exposure to second hand smoke, etc. Contact: ALA, 1740 Broadway, New York, …
Article • February 15, 1998 • from PLN February, 1998
Cold Cell Violates 8th Amendment by The court of appeals for the seventh circuit held that extremely cold prison cells violate the eighth amendment but poor cell ventilation in summer does not. Anthony Dixon is an Illinois state prisoner in protective custody at Stateville. He filed suit claiming that in …
Article • February 15, 1998 • from PLN February, 1998
Where to Now For Prison Smoking? by Paul Wright Where To Now For Prison Smoking? By Paul Wright As noted in last month's article, "Smoking, Lies and Hypocrisy," notes, the tobacco settlement between the states and the tobacco industry will have no impact on prisoners, assuming it is actually implemented. …
Former Warden Wins Suit Against TDCJ by An Anderson County, Texas, jury found that former Beto I Unit warden Terry Terrell was fired because he reported corruption and violations of the law by other employees of the Texas Department of Criminal Justice (TDCJ). The jury deliberated for nearly four hours …
Smoking, Lies and Hypocrisy by Paul Wright By Paul Wright The recent settlement proposal between the tobacco industry and the attorney general's of 41 states has been in the news a lot lately. I share a home with 158 other men, 90% of whom smoke. The walls literally weep nicotine. …
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