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Article • August 15, 1999 • from PLN August, 1999
PLRA Consent Decree Termination Provision Upheld by 2nd and 3rd Circuits by The courts of appeal for the Second and Third circuits have upheld the consent decree termination provisions of the Prison Litigation Reform Act (PLRA) against a wide array of constitutional challenges. In the July, 1998, issue of PLN …
In Re Northeast Ohio Correctional Center, OH, Class Action Settlement, Excessive Force and Failure to Protect, 1999 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION IN RE NORTHEAST OHIO CORRECTIONAL CENTER : Case No. 4:97 CV 01995 (Polster, J.) : : CLASS ACTION SETTLEMENT AGREEMENT The Plaintiffs (as …
Behind Bars in Brazil (Review of Human Rights Watch Report) by Julia Lutsky Reviewed by Julia Lutsky Since Brazil is the largest nation in Latin America it comes as no surprise to know that its prisons hold more people than do the prisons of any other Latin American nation. Its …
Article • July 15, 1999 • from PLN July, 1999
Human Feces in California Prison's Water by Willie Wisely Human Feces In California Prison's Water by W. Wisely For years, guards and staff at California's Tehachapi prison have kept a secret. A secret now exposed in a lawsuit pending trial in a Fresno County federal court. A secret discovered by …
Article • July 15, 1999 • from PLN July, 1999
Ohio Prisons Cited by EPA by Dan Cahill In Ohio, the task of keeping water safe and pure is delegated to the Ohio Environmental Protection Agency (OEPA). The task of keeping prisoners locked up belongs to Ohio's Department of Rehabilitation and Corrections (DORC). Under Ohio Revised Code (R.C.) §2921.44, the …
VitaPro President Arrested by In the latest development in the on-going VitaPro scandal involving the Texas Dept. of Criminal Justice, Yank Barry was arrested Feb. 11, 1999. Barry, president of Montreal-based VitaPro Foods Inc., was indicted in January 1998 with former state prison chief James A. "Andy" Collins [ PLN …
Article • July 15, 1999 • from PLN July, 1999
Withholding Dental Care Violates Eighth Amendment by Ronald Young ANew York federal district court held that failure to treat a prisoner's abscessed wisdom tooth was a sufficiently serious medical condition to sustain an Eighth Amendment claim. The court also held that material issues of fact as to whether the prison's …
No Interlocutory Appeal on Supervisory Liability When Guard Stabs Prisoner by The court of appeals for the Fifth circuit held that it lacked jurisdiction to hear a warden's interlocutory appeal disputing material facts in the case. The court also held that letters from a prisoner alerting supervisory prison officials to …
PLRA Doesn't Affect Court Contempt Powers by A federal district court in New Jersey held that 18 U.S.C. § 3626, which allows for the immediate termination of prison and jail consent decrees, does not affect the contempt powers of courts. The underlying case involves a motion by jail detainee plaintiffs …
PLRA Physical Injury and Administrative Exhaustion Requirements Not Retroactive by A federal district court in Illinois held that 42 U.S.C. § 1997e(a), which requires administrative exhaustion before prisoners file suit, and 42 U.S.C. § 1997e(e), which requires physical injury, before prisoners can file suit, do not apply retroactively to suits …
Wisconsin Prisoners Stage Food Protest by On January 18 and 19, 1999, Wisconsin prisoners housed at a private prison in Sayre, Oklahoma, refused to show up at the prison's chow hall for meals. John Wisener, chief of security at the North Fork Correctional Center, said that only 75-80 of the …
Article • July 15, 1999 • from PLN July, 1999
PLRA Physical Injury Requirement Not Retroactive by The Tenth circuit court of appeals held that the Prison Litigation Reform Act's physical injury requirement, codified at 42 U.S.C. § 1997e(e), does not apply retroactively to lawsuits filed before the PLRA's enactment on April 26, 1996. Bobby Craig, a pretrial detainee at …
Brief • July 1, 1999
Filed under: Eighth Amendment
Battle v. District of Columbia, DC, Complaint, Inhumane Conditions, 1999 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA KENNISON BATTLE DCDC #228-223 CCAINEOH Correctional Facility 2240 Hubbard Road Youngstown, Ohio 44505 V (303) 746-3777 SHANNON BATTLE DCDC #263-505 l/ CCAINEOH Correctional Facility 2240 Hubbard Road Youngstown, Ohio 44505 (303) …
Washington Prisoners Damage Colorado Private Prison by Amajor prisoner uprising rolled through a for-profit prison at Olney Springs, Colorado, for six hours, causing extensive damage. State prison SWAT teams were called in from as far as 200 miles away to regain control of the prison. The incident took place Friday, …
Washington Prisoners Brutalized in Colorado Private Prison by Waldo Waldron-Ramsey [Editor's Note: The corporate media in Colorado and Washington alike reported on the uprising by Washington prisoners at the Olney Springs prison. They uniformly parroted the line by prison officials that the prisoners had revolted because they were unhappy at …
Article • June 15, 1999 • from PLN June, 1999
Failing to Provide Disabled Prisoner Showers for Two Months Cruel and Unusual by The Fifth Circuit court of appeals has held that failing to accommodate a disabled prisoner whose disability and close confinement accommodations prevented him from showering states a claim under the Cruel and Unusual Punishments Clause of the …
Article • June 15, 1999 • from PLN June, 1999
Federal Judge Rules Texas Prisons Still Unconstitutional, PLRA Unconstitutional by By Matthew T. Clarke Following a nineteen-day hearing in the class-action Ruiz lawsuit on prison conditions in the Texas Department of Criminal Justice Institutional Division (TDCJ-ID), which has been pending in his court since 1972, William Wayne Justice, a Texas …
Juveniles Held Hostage for Profit by CSC in Florida by Alex Friedmann According to a consultant hired by the Florida Department of Juvenile Justice, the Pahokee Youth Development Center (Juvenile prison) operated by the Correctional Services Corporation (CSC) kept ten juvenile detainees beyond their release dates for no other reason …
Article • June 15, 1999 • from PLN June, 1999
Imminent Danger Overrides Three Strikes by The court of appeals for the Third Circuit held that conditions allegedly resulting from a vent emitting particles of dust and lint into a cell constitute a serious physical injury for purposes of circumventing the "three strikes" provision of the Prison Litigation Reform Act …
Article • June 15, 1999 • from PLN June, 1999
Warden's Smoking Ban Violates BOP Rules by The court of appeals for the Ninth circuit held that a warden's ban on smoking in a prison camp violated federal Bureau of Prison (BOP) rules requiring that warden's designate outdoor smoking areas. The warden of the BOP camp in Sheridan, Oregon banned …
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