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Consent Decrees Create Enforceable Right by A federal district court in South Carolina held that a consent decree created an enforceable due process right and a prisoner's § 1983 claim for violation of the consent decree was not barred by Sandin v. Conner, 115 S.Ct. 2293 (1995). As court's explore …
RFRA Allows Redaction of Religious Publication by The court of appeals for the eleventh circuit held that the Religious Freedom Restoration Act (RFRA), 42 U.S.C. § 2000bb, is not violated when prison officials censor only portions of a religious publication. This is the first eleventh circuit ruling to interpret the …
Article • May 15, 1997 • from PLN May, 1997
California PIA Employees Lose Minimum Wage Suit by The court of appeals for the ninth circuit affirmed dismissal of a suit by California Prison Industrial Authority (PIA) prisoners who filed suit claiming they were entitled to the minimum wage under the Federal Fair Labor Standards Act (FLSA), 29 U.S.C. § …
PLRA Codifies Injunction Standards in Conditions Case by In the December, 1995, issue of PLN we reported Smith v. Arkansas DOC, 877 F. Supp. 1296 (ED AR 1995) in which the district court ordered increased staffing levels in open bay barracks prisons in Arkansas. The defendants appealed and the eighth …
Article • May 15, 1997 • from PLN May, 1997
Filed under: Commentary/Reviews, Reviews
Reviews by Prison Connections is a 12 page quarterly "newsletter of prison activism in New England." Each issue reports news and information relating to prison issues in the New England states. Recent issues have discussed jail conditions, education cutbacks, rallies protesting DOC policies in MA, the lack of DOC accountability, …
Article • May 15, 1997 • from PLN May, 1997
Filed under: Mental Health
Mental Unhealth and Prisons by E.D. Thanks for publishing information about mental health issues and prisoners. We expect to see a major increase in forensic [mentally ill] prisoners as we roll into the future and close down more state hospitals while simultaneously underfunding community resources for the mentally disabled. As …
Article • May 15, 1997 • from PLN May, 1997
Do the Math by E.D. I read an article in the Wisconsin State Journal about Wisconsin sending prisoners to Texas. There are going to be 700 prisoners shipped there (40 per week, which will take 17.5 weeks) at a cost of $39.36 per day for their housing once they are …
Article • May 15, 1997 • from PLN May, 1997
Guard Tower Scam by A.L. In the January PLN, Paul Wright described the ordeal of the guards' union in Washington state successfully fighting the DOC's effort to reduce staffing of the guard towers in Washington's prisons. While it's clear that the public-employee unions representing turnkeys fight tooth-and-nail to keep positions …
Article • May 15, 1997 • from PLN May, 1997
Filed under: PLRA, Filing Fees (PLRA)
PLRA Fee Requirements Not Applicable to Pending Suits by PLRA Fee Requirements not Applicable To Pending Suits A federal district court in California held that the Prison Litigation Reform Act's (PLRA) In Forma Pauperis (IFP) filing fee provisions are not retroactive to suits filed before the law's April 26, 1996, …
Article • May 15, 1997 • from PLN May, 1997
Filed under: News, News in Brief
News in Brief by AZ: On March 7, 1997, prison guard Brent Lumley, 33, was found stabbed to death in the control room of the Perryville state prison. A shank, presumably the murder weapon, was sticking out of Lumley's neck. Seven prisoners were considered suspects in the case. CA: In …
Article • May 15, 1997 • from PLN May, 1997
PLRA Allows Sua Sponte Dismissal by A federal district court in Illinois held that the Prison Litigation Reform Act (PLRA) allows courts to assess filing fees and then dismiss prisoner petitions prior to service on the defendants if they fail to state a claim. Deangelo Jones is an Illinois state …
Brief • April 30, 1997
Filed under: Accidents
Jones v. US, WA, Summons, Post Office Accident, 1997 ID.see4se354B •• . 2~e PAcS ._) 2p{':>'fll.Q&7 : t Hf . t SERVICE COpy rtr .\lJ.our . la -- t - ~ tS _ _ _ _ _ _..;F,;..';.;.S..;;I.;;;U,;..I DISTIUCT OF _ _......._ _V...;;6\S;;;;SH,;;;;;;;;;'NC;;.;;,;:t'O;.;;.;.;R _ .JOBS, MI'1D1JI.r c. aM JOlES. SUOltltt" …
Brief • April 28, 1997
Stankovic v. WA DOC, WA, Court Order Granting Motion, 1997 BEFORE THE PERSONNEL APPEALS BOARD STATE OF WASHINGTON 2 4 SENEGUNDA STANKOVIC, Appellant, Case No. D94-123 5 v. ORDER GRANTING RESPONDENT'S MOTION TO DISMISS 6 7 DEPARTMENT OF CORRECTIONS, 8 Respondent. 9 10 I. INTRODUCTION 11 1.1 12 MERCHANT, Chair; …
Brief • April 22, 1997
Filed under: Accidents
Poindexter v. US, WV, Complaint, Vehicle Accident, 1997
Article • April 15, 1997 • from PLN April, 1997
A Native American Resource by The Traditional Native American Tobacco Seed Bank and Education Program (TNAT) at the University of New Mexico has three objectives: 1.) Collecting, preserving, growing and distributing the seeds of the many traditional Native American types of tobacco; 2.) Educating Native Americans about the dangers of …
California EFV Injunction Reversed by In the September, 1995, issue of PLN we reported that a Marin county superior court judge had issued a preliminary injunction enjoining Title 15, section 3174(e)(1) of the California Code of Regulations (CCR). The regulation in question eliminated family visits for a wide category of …
Ohio Jail Construction Corruption? by Questions arise as to whether a contract for the Franklin County jail renovation was legal. The county commissioners awarded the unbid contract in May 1995 to Voinovich-Sgro Architects, Inc., a subsidiary of the Voinovich Group, owned by Paul Voinovich, the brother to Governor George Voinovich. …
Beating and Strip Cell Require Trial by The court of appeals for the tenth circuit held that beating a naked, handcuffed, non-resisting prisoner violates the eighth amendment; that placing a prisoner in a strip cell without blankets or heating violates the eighth amendment as well. The court also discussed when …
Seventh Circuit Analyzes RFRA by The court of appeals for the seventh circuit gave its first ruling on the application of the Religious Freedom Restoration Act (RFRA) to prison cases in that circuit and in doing so defined what constitutes a "substantial burden" on religious practcies. The court consolidated two …
Article • April 15, 1997 • from PLN April, 1997
California Slashes Family Visits by Willie Wisely The young Hispanic woman, juggling a squirming infant under each arm, began to cry as she read the notice posted on the wall of the visitor processing building at Lancaster prison. For months prisoner rights advocates had been warning visitors, trying to organize …
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