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Article • April 15, 1997 • from PLN April, 1997
US Supreme Court: Florida Gain Time Statute Violates Ex Post Facto by Paul Wright On February 19, 1997, a unanimous United States Supreme Court held that the revocation of previously granted good time credits violates the ex post facto provision of the United States constitution. The Court held that subjective …
Article • April 15, 1997 • from PLN April, 1997
No Double Jeopardy in Massachusetts Disciplinary Hearings by In the October, 1995, issue of PLN we reported that a state trial court in Massachusetts, in an unpublished ruling, had dismissed criminal indictments against twelve prisoners because the indictments were brought after the prisoners had already been subjected to prison disciplinary …
Article • April 15, 1997 • from PLN April, 1997
CBCC Associate Superintendent Resigns by The November 26, 1996, edition of the Peninsula Daily News reported that Lisa Wikstrom, a guard at the Clallam Bay Corrections Center in Washington had filed a $1 million damage claim against the state, claiming she had been sexually harassed. Wikstrom's claim stated that Steve …
Article • April 15, 1997 • from PLN April, 1997
A Matter of Fact by New York City jails have an average daily population of 20,000. Cigarettes sell for $2.36 a pack, and city jails sell about 8,000 packs per day (not counting weekends) for a total of nearly $5 million in annual cigarette sales. A proposed ban on smoking …
Article • April 15, 1997 • from PLN April, 1997
Filed under: News, News in Brief
News in Brief by CA: In December, 1996, prison psychiatric counselor Massoud Shadzad was arrested while fondling a female prisoner at the Elmwood Correctional Center for Women in Milpitas and charged with sexual battery. The investigation began when Shadzad promised a female prisoner cigarettes in exchange for her panties and …
Article • April 15, 1997 • from PLN April, 1997
Copying Claims Not Barred by Res Judicata by The court of appeals for the ninth circuit held that an Alaska state prisoner's claim that he was denied photocopies was not barred by res judicata where a similar claim was litigated in a class action suit but the issue was not …
Texas Lawyers Unhappy About Conscription by In 1995 Congress cut funding for some twenty-odd regional death penalty resource centers, pro bono legal aid clinics which specialized in death penalty appeals. The Texas legislature halved the $4 million in state funds budgeted to pay for counsel in state capital appeals cases …
Article • April 15, 1997 • from PLN April, 1997
From the Editor by Paul Wright Longtime PLN readers may recall that in early 1994 Ed Mead, PLN's former co-editor, and I filed suit against the Washington State Indeterminate Sentence Review Board (ISRB, aka the parole board). The suit challenged the "no association" parole condition they had placed on Ed …
Brief • March 21, 1997
Ryan v. Lehmann, WA, Tort Claim, Gender Discrimination, 1997 ·. ... DITLEVSON, RODGERS &-;HANBEY,P.S. .; • . " ..: 'J.ATTORNEYS AT LAW, .• 204 Pear Street HE' .: Olympia, Washington 98506 :. : "- . ,_ ... : : - • t ... ,97 pmR 21 IInr'l 9 Richard L. …
Article • March 15, 1997 • from PLN March, 1997
California Prison Computer Project Crashes by With over 144,000 prisoners, tens of thousands of employees, some thirty prisons and a multi-billion dollar budget, the California Department of Corrections just rejected design plans for a mammoth computer project to automate its antiquated record keeping system. CDC officials suspended a $2 million …
Article • March 15, 1997 • from PLN March, 1997
Filed under: Media
PNS Suspends US Publication by It is with deep regret that Prison News Service (PNS) is announcing that we are pulling back from the American side of our work. The paper will continue as is, but with a primarily Canadian focus. We will also be cutting the number of copies …
Detainee Entitled to Ad-Seg Hearing by A federal district court in Texas held that a pretrial detainee was entitled to a hearing before being placed in segregation. Robert Poole was a pretrial detainee in the Jefferson County jail. This ruling concerns the denial of the defendant's motion for summary judgment …
Article • March 15, 1997 • from PLN March, 1997
Media TRO Denied by A federal district court in Missouri held that a television station and prisoners had virtually no likelihood of success in challenging a prison system's ban on video taped interviews. A Missouri TV station began filming interviews with prisoners throughout MO prisons. After initially granting the interview …
Article • March 15, 1997 • from PLN March, 1997
Used Law Books Not Good Enough in California by The California Department of Corrections bought used law books from National Law Resources of Chicago for its High Desert State Prison last year at a savings to taxpayers of $69,000. But, the CDC claimed some of the used books contained "paper …
Denial of Medical Diet States Claim by A federal district court in New York held that a prisoner who was denied a high fiber diet after undergoing a colostomy had stated a claim requiring a trial to resolve. John Mandala is a New York state prisoner who had the misfortune …
Article • March 15, 1997 • from PLN March, 1997
PLRA 'Strike' Removed by A federal district court in Maryland issued an order removing a PLRA "strike" against a prisoner litigant. The Prison Litigation Reform Act (PLRA) added section (g) to 28 U.S.C. § 1915. The new section states that whenever a prisoner has had three suits dismissed as frivolous …
Article • March 15, 1997 • from PLN March, 1997
Filed under: Organizing
Third Annual NCSCUP Conference by Daniel Burton-Rose The National Campaign to Stop Control Unit Prisons (NCSCUP) held its third annual conference on the weekend of November 8-10 (1996) at the Puerto Rican Cultural Center in Chicago. More than fifty members of NCSCUP attended. The purpose of the conference was to …
Article • March 15, 1997 • from PLN March, 1997
Execution Conflicts with Medical Ethics by David Nelson, a 51-year-old convicted murderer, was scheduled for execution in Alabama on December 8, 1996. A last-minute stay by the Alabama supreme court delayed the execution so that Nelson could donate a kidney to his brother, Louis Nelson, who lost a leg to …
Article • March 15, 1997 • from PLN March, 1997
Filed under: Work, Prison Industries
Washington Union Sues over Prison Slave Labor by On August 29, 1996, International Brotherhood of Electrical Workers (IBEW) local 970 filed suit in Pierce County (Tacoma) superior court over the use of prison labor to expand the Cedar Creek Correctional Center. The prisoners are paid between 50¢ and $1.40 an …
Article • March 15, 1997 • from PLN March, 1997
CDC Trying to Polish Tarnished Image by Dan Pens The editors of PLN receive newspaper clippings from all over the U.S. We recently received articles clipped from about a dozen California newspapers. The articles appeared in the same week and all were strikingly similar. They were about how California Department …
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