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Article • March 15, 1997 • from PLN March, 1997
Pro Se Tips and Tactics (Injunctive Relief) by John Midgley In many cases in which a prisoner or group of prisoners is suing over bad prison conditions or practices, the prisoners want an injunction, that is, an order to require state officials to stop violating constitutional rights. This column briefly …
Article • March 15, 1997 • from PLN March, 1997
Filed under: News, News in Brief
News in Brief by Albania: On January 26, 1997, two prisoners were killed in a riot at the Bardhor jail as part of a wave of protests that swept the small Balkan nation as pyramid savings schemes collapsed. At the jail prisoners set fire to their cells and battled guards …
Detainee Excessive Force Jury Instructions Reversed by The court of appeals for the seventh circuit held that a district court erred when it instructed a jury on jail guards' good faith immunity defense. Anyone bringing an excessive use of force involving pretrial detainees to trial will find this case helpful. …
Article • March 15, 1997 • from PLN March, 1997
Ten Years Is Enough; Belgian POWs Seek Freedom by In 1984 and 1985 the Communist Fighting Cells (CCC) attacked imperialist and capitalist interests in Belgium. Among the targets attacked were banks (including the Bank of America), NATO headquarters, the federation of big employers, energy companies, etc. On December 16, 1985, …
Article • March 15, 1997 • from PLN March, 1997
From the Editor by Dan Pens Welcome to another issue of PLN. I just finished typing this month's installment of "A Matter of Fact" (AMF), something I enjoy immensely. Since we started this feature last year, it has received mixed reviews. Readers have said it was a "waste of space," …
Article • March 15, 1997 • from PLN March, 1997
From the Editor by Dan Pens Welcome to another issue of PLN. I just finished typing this month's installment of "A Matter of Fact" (AMF), something I enjoy immensely. Since we started this feature last year, it has received mixed reviews. Readers have said it was a "waste of space," …
Brief • March 11, 1997
Filed under: Excessive Force
Dixon v. US, KS, Settlement, Excessive Force, 1997
Ninth Circuit Rules on Washington ADA Suit by Leonard Feldman [Editor's Note: Leonard Feldman is the Seattle attorney representing the plaintiff in the case discussed below.] Sean Duffy, the plaintiff in Duffy v. Riveland, 1996 WL 583384 (9th Cir. October 11, 1996), is a prisoner at the Washington State Reformatory …
Article • February 15, 1997 • from PLN February, 1997
Late Notice of Appeal Allowed by The court of appeals for the District of Columbia Circuit held that Fed.R.Civ.P. 4(a)(6) allows the late filing of a notice of appeal where the party misses a filing deadline through no fault of their own. Eduardo Benavides sued the Bureau of Prisons under …
Article • February 15, 1997 • from PLN February, 1997
Filed under: Reviews, Sentencing, Probation
Corrections in the Community (book) by by Edward Latessa and Harry Allen is a 473 page college textbook giving an overview of criminal sanctions other than prison, such as probation, home detention, community services, etc. The authors' underlying theme is that prisons generally do more harm than good and efforts …
Article • February 15, 1997 • from PLN February, 1997
New Plantation by Bill Dunne In the new world order, the ideological concerns that previously persuaded the capitalist ruling class to purchase social and labor peace with a comparatively generous social contract and high living standards no longer hold sway. The US ruling class will need to take drastic measures …
Article • February 15, 1997 • from PLN January, 1997
NY Jail Consent Decrees Vacated under PLRA by A federal district court in New York upheld the constitutionality of the Prison Litigation Reform Act (PLRA) and terminated a series of consent decrees in seven cases that governed conditions at Rikers Island and several other New York City jails. Readers should …
Article • February 15, 1997 • from PLN February, 1997
Prison Population Growth in 1995 by According to the Bureau of Justice Statistics Bulletin, Prison and Jail Inmates, 1995, an estimated 1,585,400 persons were incarcerated in the U.S. at year end 1995. The state and federal prison population topped a million (1,078,357) with an additional 507,044 in local jails. The …
Article • February 15, 1997 • from PLN February, 1997
Kansas Prisoners Lose Welfare Fund Suit by A federal district court in Kansas held that state prisoners were not entitled to injunctive relief regarding how money from the Inmate Benefit Fund (IBF) was spent by the DOC. Kansas state prisoners filed a class action suit challenging how the Kansas DOC …
County Liable for Trustee's Work; No Remedy for Illegal Detention by The court of appeals for the fifth circuit held that a county was properly liable where it did not reimburse a jail detainee for work he performed on public property. The court also held that a pretrial detainee's work …
Beating Damages Affirmed; PLRA Not Retroactive on Vacated Attorney Fees by The court of appeals for the seventh circuit affirmed a jury verdict awarding damages to two prisoners who were beaten by prison guards and then denied medical care for their injuries for nearly two days. The court held that …
Article • February 15, 1997 • from PLN February, 1997
Inadequate Public Defender Funding Unconstitutional by A federal district court in Illinois held that a lack of adequate funding for public defenders assigned to represent indigent defendants in state court appeals violates the federal constitution when it causes delays in excess of two years. Over the past ten years the …
Article • February 15, 1997 • from PLN January, 1997
Habeas Corpus Study by Review by Jon Marc Taylor A recent discussion paper published by the Bureau of Justice Statistics reports the results of the National Center for State Courts analysis into the processing of federal habeas corpus petitions. The study encompassed 18 Federal district courts located in 9 selected …
No Administrative Exhaustion Requirement in 7th Circuit by The court of appeals for the seventh circuit held that prisoners seeking money damages need not exhaust administrative remedies prior to filing suit. The court also held a district court erred when it dismissed a complaint filed in forma pauperis solely because …
South Carolina Consent Decree Terminated under PLRA by The court of appeals for the fourth circuit upheld the termination of a consent decree pursuant to the Prison Litigation Reform Act (PLRA) and rejected challenges to the constitutionality of the PLRA. In 1982 South Carolina prisoners filed suit challenging conditions of …
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