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Brief • May 17, 1997
Wright v. Ducharme, WA, Settlement Agreement, Segregation Case, 1997
Article • May 15, 1997 • from PLN May, 1997
Filed under: Crime/Demographics, Crime
Drug Policy as Social Control by Noam Chomsky In the typical third world society, like Colombia, or India, or Mexico or Egypt -- they are all more or less the same there is a sector of great wealth, enormous wealth, there are large numbers of people who live somewhere between …
Article • May 15, 1997 • from PLN May, 1997
PLRA Applied to Released Prisoners by The court of appeals for the seventh circuit held that appeals filed after the Prison Litigation Reform Act (PLRA) was enacted on April 26, 1996, were subject to dismissal unless a former prisoner paid the filing fees based on the funds he had in …
Seventh Circuit Questions ADA Applicability to Prisons by The court of appeals for the seventh circuit issued its first ruling on the applicability of the Americans with Disabilities Act (ADA) to prisoners. In doing so it held that claims of incompetent medical treatment are not cognizable under the ADA. It …
$75,000 Jury Verdict in Prisoner Attack Affirmed by The court of appeals for the seventh circuit affirmed a jury verdict awarding a prisoner $75,000 in compensatory damages and $55,262.42 in attorney fees after the prisoner was threatened then beaten by other prisoners. Gregory Pope, an Illinois state prisoner, was threatened …
Article • May 15, 1997 • from PLN May, 1997
Moors Settle with Indiana DOC by As a result of more than 15 years of struggle and litigation, the Moorish Science Temple and the Indiana Department of Corrections entered into a settlement agreement stemming from a suit filed by Granville Radford-Bey and Spencer Caldwell-Bey. On August 30, 1996, the Moors …
Article • May 15, 1997 • from PLN May, 1997
Washington EFV Ban Upheld by In an unpublished opinion the ninth circuit court of appeals affirmed dismissal of a Washington prisoner's challenge to a prison policy restricting participation in the Extended Family Visiting (EFV) program. Jerry Harrison was a Washington state prisoner with a prior domestic violence conviction. He filed …
Article • May 15, 1997 • from PLN May, 1997
US Supreme Court: Oklahoma Pre-Parole Program Requires Hearing Before Removal by by Paul Wright On March 18, 1997, justice Clarence Thomas released a ruling for a unanimous U.S. supreme court holding that an Oklahoma "pre-parole" program designed to relieve prison overcrowding was sufficiently similar to parole to require a due …
Article • May 15, 1997 • from PLN May, 1997
Racial Rioting Erupts in L.A. Jail by Two days of bloody fighting between black and Latino prisoners at Los Angeles County jails left 200 injured, 188 with serious wounds and 26 with minor scraps and bruises. Three deputies were also hurt in the eight incidents at the Pitchess Detention Center …
Article • May 15, 1997 • from PLN May, 1997
Sixth Circuit Defines Legal Mail by The court of appeals for the sixth circuit has held that "legal mail" encompasses legal materials delivered to prisoners by any means, not just via the postal system. As such, the legal materials cannot be inspected outside the prisoner addressee's presence. Temujin Kensu is …
Disciplinary Finding Must Be Supported by Reliable Evidence by The court of appeals for the seventh circuit held that while only "some evidence" is required to uphold a finding of guilt in a prison disciplinary hearing, that evidence must be reliable. Michael Meeks is an Indiana state prisoner who was …
Article • May 15, 1997 • from PLN May, 1997
Matter of Fact by [Editor's Note: all of this month's facts were gleaned from one source: "Intended and Unintended Consequences: State Racial Disparities in Imprisonment," a January, 1997, report of The Sentencing Project. Copies of this 25-page report are available for $8 from: The Sentencing Project; 918 F St., NW, …
TRO Granted in DC Smoking Suit by A federal district court in the District of Columbia granted a Temporary Restraining Order (TRO) requiring non-smoking D.C. prisoners to be moved to non-smoking quarters and for D.C. DOC officials to enforce prison no smoking policies by disciplining guards and prisoners who violate …
Article • May 15, 1997 • from PLN May, 1997
Indiana Muslim Consent Decree Vacated under PLRA by A federal district court in Indiana applied the Prison Litigation Reform Act (PLRA) to immediately terminate a consent decree judgment governing prisoners' religious rights. In 1982 prisoners at the Indiana State Prison entered into a consent decree with prison officials to settle …
Article • May 15, 1997 • from PLN May, 1997
Update on Washington Money Seizure Suit by Paul Wright In the June, August and December, 1996, issues of PLN we reported the history and developments in Wright v. Riveland, the Washington class action lawsuit challenging the legality of RCW 72.09.480, a state statute that allows the DOC to seize 35% …
Article • May 15, 1997 • from PLN May, 1997
Ninth Circuit Affirms BOP Sentence Reductions by The court of appeals for the ninth circuit affirmed a district court granting of habeas relief to a federal prisoner who had been denied a one year sentence reduction after completing a drug treatment program. This also implicates two other district court cases …
Illinois DOC Phone System Upheld by A federal district court in Illinois held that the phone system used in the Illinois DOC does not violate the first amendment. Four Illinois state prisoners at the Western Illinois Correctional Center (WICC) filed suit against several prison officials and AT&T claiming the prison …
Article • May 15, 1997 • from PLN May, 1997
No Care for STD Violates Eighth Amendment by A federal district court in Texas held that a jail prisoner had stated a claim for violation of his eighth amendment right to medical treatment when he was not provided with medical treatment for a Sexually Transmitted Disease (STD) he had sought …
Article • May 15, 1997 • from PLN May, 1997
Democracy, Racism and Disenfranchisement by One in seven black men are currently or permanently prevented from voting because they are imprisoned or are ex-felons, according to a report released in January, 1997, by the Sentencing Project in Washington DC. There are an estimated 10.4 million voting age black men in …
Article • May 15, 1997 • from PLN May, 1997
PLRA Confuses Courts; Applies Only to Prisoners by To illustrate how poorly written the PLRA is, the court of appeals for the sixth circuit held that 28 U.S.C. § 1915 still "allows individuals who are not prisoners to litigate a case without the prepayment of filing fees." In their haste …
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