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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 …
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 …
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