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Article • April 15, 1997 • from PLN April, 1997
Racial Violence in California Lockups by Willie Wisely On Friday, September 27, 1996, rioting broke out among more than 200 black and Latino prisoners in New Folsom's B Facility. The violence lasted some 31 minutes with fighting on the yard, in the medical clinic, and in prison industries. Guards fired …
Article • April 15, 1997 • from PLN April, 1997
Connecticut Supreme Court Upholds Phone and Mail Restrictions by In the February, 1995, issue of PLN we reported that Connecticut state prisoners had filed a class action suit in state court challenging prison regulations that required the recording of prisoner phone calls and that prisoners, outgoing mail could be read …
PLRA Consent Decree Termination Provision Unconstitutional by A federal district court in Michigan held that provisions of the Prison Litigation Reform Act (PLRA) calling for the immediate termination of consent decrees where no findings of constitutional violations were made by the court, was unconstitutional on several grounds. The PLRA created …
Article • April 15, 1997 • from PLN April, 1997
ABA Calls for Halt to Executions by In February, 1997, by a vote of 280 to 119, representatives of the American Bar Association's House of Delegates endorsed a report calling for a nationwide suspension of executions until the judicial process is overhauled. The report was offered jointly by the A.B.A.'s …
Philadelphia Fined for Degrading City Prisons by A Philadelphia common pleas court panel fined the city $2.2 million for "degrading" conditions in the city's prisons. The judgment, passed down by a three judge panel in early October, 1996, was accompanied by a contempt of court citation for the city. The …
Ex-Sheriff Sex Offender Retains Pension by In the July 1995 issue of PLN we reported "51 Months for Sex With Prisoners," about Gulf County (FL) sheriff Al Harrison, then 52, who was convicted of seven misdemeanor counts of violating the civil rights of five female prisoners over a period of …
Prisoners Retain Right to Safety by The court of appeals for the second circuit held that a district court erred in dismissing a prisoner's failure to protect claim on the basis that the prisoner could not name his attackers beforehand. The court also held that district courts cannot resolve conflicting …
Impregnated Arkansas Prisoner Wins Suit by An Arkansas state prisoner was awarded $120,000 after a jury heard her claim that she was impregnated by one guard and sexually harassed by another. The federal court jury found that Laura Berry's constitutional rights were violated by former guard Randall Reed and former …
Double Celling States Eighth Amendment Claim by The court of appeals for the third circuit set forth the conditions under which double celling will violate the eighth amendment. The court also held that segregation prisoners are entitled to legal assistance to present their claims to the courts. Several New Jersey …
Article • April 15, 1997 • from PLN April, 1997
Louisiana Jail Abuse Settlement by Iberia Parish, Louisiana, reached an agreement December 2, 1996, with the U.S. Department of Justice (DOJ) to settle a lawsuit alleging prisoner abuse in the parish jail. The suit was filed by the DOJ in June, 1996, against then-sheriff Errol Romero and then jail warden …
Article • April 15, 1997 • from PLN April, 1997
Filed under: Reviews, Resources, Court Access
FJC Prisoner Litigation Guide by The Federal Judicial Center, a branch of the federal judiciary, has published a 172 page book, "Resource Guide for Managing Prisoner Civil Rights Litigation." The book is written for judges and court personnel who receive, process and rule on prison suits. The book pays special …
Inadequate Jail Staffing Violates Due Process by The court of appeals for the fifth circuit held that a jail staffing practice that allowed a lone male guard to oversee female detainees could be held to violate due process after a woman detainee was raped by a guard. The court held …
Reversal of Frivolous Dismissal Voids PLRA Strike by The court of appeals for the fifth circuit held that the Prison Litigation Reform Act (PLRA) applies retroactively to appeals pending on its date of enactment as well as cases dismissed prior to its enactment. The court also held that dismissals based …
Article • April 15, 1997 • from PLN April, 1997
Law's Nature by Mumia Abu-Jamal "Laws grind the poor, and rich men rule the law." Oliver Goldsmith, The Vicar of Wakefield (1766) For many jailhouse lawyers, especially those new to the craft, there is a sort of "awe" that governs their study, contemplation and utility of the law. Like new …
Florida Private Prison Criticized by Dan Pens by Glenn Wright and Dan Pens Louisville, Kentucky based private prison vendor U.S. Corrections Corporation (USCC) was sharply criticized by Florida's Auditor General in three separate reports issued by the Office of Program Policy Analysis and Government Accountability (OPPAGA). The reports were the …
PLRA Applied to Attorney Fees by A federal district court in Michigan held that the Prison Litigation Reform Act (PLRA) required that attorneys representing prisoners be paid a maximum of $112.50 an hour. Hadix v. Johnson is the long running Michigan class action suit. After prevailing in the district court …
Article • April 15, 1997 • from PLN April, 1997
Virginia Felons Disenfranchised by Virginia is one of 13 states that permanently revoke the voting rights of felons. As a consequence, nearly a quarter of a million Virginians, most of them black men, cannot vote. A Virginia newspaper, the Richmond Times-Dispatch, examined state police records to compile a report citing …
Farmer Remanded Again, for Discovery by The court of appeals for the seventh circuit held a district court erred in dismissing a case without allowing the plaintiff to conduct discovery in order to oppose the defendants' motion for summary judgment. In doing so the court gives a detailed discussion of …
Article • April 15, 1997 • from PLN April, 1997
No Immunity for Eighth Amendment Violation in Rectal Search by The court of appeals for the ninth circuit reversed a jury verdict which had found prison officials had violated a prisoner's eighth amendment rights during a rectal search but that they were entitled to qualified immunity for doing so. The …
Article • April 15, 1997 • from PLN April, 1997
Filed under: Medication, Mental Health
Drug Sales Boom in Wisconsin Prisons by One of every eight adult and juveniles in Wisconsin's prisons or reform schools are receiving psychotropic drugs for a mental disorder. According to Sharon Zunker, director of Wisconsin's Department of Corrections Bureau of Health Services, the cost of psychotropic drug treatment has grown …
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