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Article • February 15, 1997 • from PLN January, 1997
Seventh Circuit Applies PLRA to Federal Prisoners by In five consolidated appeals the court of appeals for the seventh circuit applied the Prison Litigation Reform Act (PLRA) to actions brought by federal prisoners. The court held that this ruling, together with Martin v. United States, 96 F.3d 853 (7th Cir. …
Article • February 15, 1997 • from PLN February, 1997
Washington Grievance Mail Case Reversed by The court of appeals for the ninth circuit held that mail to and from government agencies is entitled to no special treatment and may be read and censored by prison officials outside the prisoner's presence. In the September, 1994, issue of PLN we reported …
Article • February 15, 1997 • from PLN January, 1997
Prison Time vs. Crime Rate Study by According to a study in August 1995, by researchers at the University of California at Berkeley, putting more people in state prisons has had little effect on California's crime rate. In only two categories of criminal activity analyzed in the study -- robbery …
No Qualified Immunity for Private Prisons; Supreme Court Grants Review by The court of appeals for the sixth circuit held that guards employed by private, for profit prisons are not entitled to qualified immunity from suit. This is the first circuit court ruling to squarely address whether private prisons are …
Article • February 15, 1997 • from PLN February, 1997
Rosenberg Fund for Children by Carol Carvalho by Carol Carvalho, RFC Director of Grantmaking The progressive community needs to support activists, prisoners rights advocates and political prisoners who risk their lives and economic security for causes of peace, justice, protection of the environment and equal rights. The Rosenberg Fund for …
Circus is in Town by by Mr. Wolf Russian novelist Fyodor Dostoevsky wrote, 'The degree of a civilization in society can be judged by entering its prisons and jails." By the events which unfolded in Phoenix, Arizona during September, 1996, it is no doubt evident now to the world at …
Article • February 15, 1997 • from PLN January, 1997
Washington Religious Name Retaliation Suit Settled by In the July, 1996 and August, 1994, issues of PLN we reported Malik v. Brown, 71 F.3d 724 (9th Cir. 1995) and 16 F.3d 330 (9th Cir. 1994), in which Washington state prisoner, and PLN supporter, Dawud Malik was punished by prison officials …
Informant Testimony Must Be Reliable by A federal district court in Texas granted habeas relief to two Texas prisoners who had lost good time at a disciplinary hearing based on unconfirmed informant testimony. Morris Broussard and Gary Johnson filed a 42 U.S.C. § 1983 action contesting the loss of good …
Article • February 15, 1997 • from PLN January, 1997
Filed under: Reviews, Court Access
Prisoner Litigation in the US Courts by This is a 311 page book by federal District of Columbia district court judge Charles Richey. The book is aimed primarily at federal court judges who must deal with pro se prisoner litigation. It also gives an excellent explanation of procedural and constitutional …
Article • February 15, 1997 • from PLN January, 1997
Washington Pork Refuses to Be Trimmed: Guard Towers Stay by Paul Wright In the August and November, 1995, issues of PLN we reported the passage of House Bill (HB) 2010 and the DOC's 1996-97 budget by the Washington state legislature. Among HB 2010's provisions were instructions for the DOC to …
Article • February 15, 1997 • from PLN January, 1997
New Prisoner Resource Guide Available by The Prisoner Rights Union of California has released its 72 page 1996-98 resource guide. While aimed at California prisoners (it lists the addresses of all prisons, legislators, courts, public defenders, etc., in the state) the guide contains numerous sections of interest to prisoners and …
Article • February 15, 1997 • from PLN February, 1997
World Criminal Justice Systems: A Survey by by Richard Terrill is a 472 page book examining the criminal justice systems of France, England, Sweden, Russia and Japan. In that respect the title is misleading as all five countries are industrialized bourgeois democracies that have more in common with each other …
Article • February 15, 1997 • from PLN February, 1997
New York Work Release Creates Liberty Interest by A federal district court in New York held that state law creates a due process liberty interest which requires a hearing before prisoners can be removed from work release. The court also held that res judicata did not bar a § 1983 …
Second Circuit Rejects Prison FLSA Claim, Modifies Standard by [Editor's Note: The following article is the first of a three part series on prison slave labor. The other two articles will appear in the next two issues of PLN.] The court of appeals for the second circuit held that the …
Article • February 15, 1997 • from PLN January, 1997
Seventh Circuit Defines and Applies PLRA and AEDPA by In five consolidated appeals the seventh circuit held that for purposes of the Prison Litigation Reform Act (PLRA) neither habeas corpus petitions nor petitions for mandamus in criminal proceedings constitute "prisoner litigation" and thus do not require payment of filing fees …
Article • February 15, 1997 • from PLN January, 1997
DiIulio's Crime Solution by Like a party clown twisting balloons into cute animal shapes, John J. DiIulio Jr. twists facts, myths, and statistics into fantastical logical conclusions. DiIulio is professor of politics and public affairs at Princeton University. He is also a media-darling of the lock-em-up, conservative right. Professor DiIulio …
Article • February 15, 1997 • from PLN February, 1997
Women's Prison Book Project by The Women's Prison Book Project (WPBP) is a group of volunteers organizing to provide women in prison with free reading materials covering a wide range of topics from legal and education materials to politics, history, and women's health. There are other prison book projects, but …
Article • February 15, 1997 • from PLN January, 1997
Washington Prisoner May Have Right to Attend Paternity Hearing by The Washington state court of appeals for Division II held that a county trial court erred when it did not consider a prisoner's motion to be allowed to attend a paternity hearing. Argie Dorsey was incarcerated when he was served …
Article • February 15, 1997 • from PLN January, 1997
Center for Advocacy of Human Rights Update by Much has happened in recent months and I thought you should hear firsthand that The Center for Advocacy of Human Rights (CAHR) is in the process of being dissolved. For one thing, Little Rock Reed and I have gone our separate ways. …
Corcoran Prison Cover-up by Willie Wisely by W. Wisely On October 7, 1994, former California prison guard Richard Caruso decided he had enough. The frequent shooting of prisoners forced into fights staged, then covered up, by guards at Corcoran prison's Security Housing Unit (SHU) weighed on his conscience. So, Caruso …
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