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New Jersey Sex Offender Registration Injunction Vacated by In the July, 1995, issue of PLN we reported Artway v. Attorney General of New Jersey, 876 F. Supp. 666 (D NJ 1995) where a district court held that a New Jersey sex offender registration law was constitutional as far as requiring …
Article • February 15, 1997 • from PLN February, 1997
Filed under: Reviews, Court Access
Book Review: Constitutional Rights of Prisoners by Fifth edition, is an 804 page book by law professor John Palmer. The book examines the history, evolution and current state of prisoner rights, with extensive case citations. Organized into thirteen chapters Palmer examines the use of force; right to visitation, association, mail …
Article • February 15, 1997 • from PLN February, 1997
Filed under: Work, Chain Gangs
New Improved Chain Gang by F.B. Just so you will know, contrary to many published reports nationwide, the chain gang HAS NOT been abolished in Alabama. They have simply stopped chaining the prisoners on the chain gang in groups of five. These prisoners are still individually chained for no other …
Article • February 15, 1997 • from PLN February, 1997
Eyewitness News from Missouri by K.C. This is the eyewitness account of what went down here at the Jefferson City Correctional Facility on August 10, 1996. At about three in the afternoon, a prisoner in Four House was being seen on a [disciplinary] violation. The caseworker (guard) got loud with …
Article • February 15, 1997 • from PLN February, 1997
Tennessee Jail Overcrowding is State's Fault by Tennessee is now spending over $100 million a year to house state prisoners in county jails - a 14% increase from the previous year. Despite 7,350 prison inmates being double-celled, state prisoners still overcrowd jails because the state has no room for them. …
Article • February 15, 1997 • from PLN February, 1997
Third Circuit Rules that PLRA Doesn't Apply to Habeas by The court of appeals for the third circuit held that the Prison Litigation Reform Act's (PLRA) provision that prisoner litigants pay the filing fee for civil actions does not apply to habeas corpus petitions. The court gave an extensive discussion …
Article • February 15, 1997 • from PLN February, 1997
PLRA's IFP Provisions Violate Equal Protection by A federal district court in Iowa held that the In Forma Pauperis (IFP) provisions of the Prison Litigation Reform Act (PLRA) are retroactive and violate the equal protection clause of the fifth amendment. Section 804(d) of the PLRA created a new subsection to …
Article • February 15, 1997 • from PLN January, 1997
Filed under: Commentary/Reviews, Reviews
Publications of Interest by Punch and Jurists is a six page weekly newsletter which reports federal criminal rulings of significance. Aimed at defense attorneys and criminal practitioners, Punch and Jurists puts the latest court rulings into the overall context of ever diminishing rights for defendants. Well written and comprehensive, this …
Article • February 15, 1997 • from PLN February, 1997
PLRA IFP Provision Applied Retroactively by The court of appeals for the ninth circuit held that 28 U.S.C. § 1915(e)(2), which allows courts to dismiss prisoner suits that have been filed In Forma Pauperis (IFP) at any time if determined to be frivolous, can be applied retroactively to appeals pending …
Article • February 15, 1997 • from PLN February, 1997
Notes from the Unrepenitentiary by Laura Whitehorn In the last months of 1996, the court system in Israel legalized torture. Preventing "terrorist attacks" makes it necessary, the courts ruled, to use physical torture to extract information from Arab "suspects." Fifty years ago the nazis used similar rationales to justify the …
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 …
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