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Article • December 15, 1996 • from PLN December, 1996
Georgia Prisoners Retain Right to Safety by The Georgia state supreme court ruled that prisoners retain a right to protection and safety from other prisoners. Marvin Yizar, a Georgia state prisoner, is a former Atlanta policeman serving a life sentence for murder. Yizar had previously arrested and prosecuted many of …
PLRA Not Retroactive on Attorney Fees by The court of appeals for the eighth circuit held that the Prison Litigation Reform Act (PLRA) provisions limiting attorney fees in prison cases is not to be retroactively applied. The court also affirmed the district court ruling that the practice of randomly double …
Prison Officials Liable for Double Celling by In the September, 1996, issue of PLN we reported Jensen v. Gunter , 73 F.3d 808 (8th Cir. 1996) where the appeals court vacated a district court ruling that double celling practices at the Nebraska State Penitentiary (NSP) violated the eighth amendment where …
Article • December 15, 1996 • from PLN December, 1996
Filed under: Police
Upsizing Federal Law Enforcement by In his 1996 State of the Union address, Clinton promised to end the "era of big government." But while federal agencies from the Department of Energy to the Labor Department are being downsized, federal law enforcement appears to be moving briskly in the opposite direction. …
Article • December 15, 1996 • from PLN December, 1996
Washington Prisoners Lose Computers, Again by Paul Wright In 1986 prisoners at the Washington State Reformatory in Monroe, WA were allowed to purchase computers and software and keep them in their cells. The program at its peak had some 56 prisoner computer owners in it. During this period the only …
Article • December 15, 1996 • from PLN December, 1996
Botched Escape Sparks Rebellion by [Editor's Note: There is no source PLN is aware of that keeps accurate statistics on the number of prison disturbances/rebellions. It is apparent to many who monitor prison news, including PLN, that the number of rebellions is on the rise. We attempt to cover them …
Article • December 15, 1996 • from PLN December, 1996
CRIPA Stays Not Appealable by The court of appeals for the ninth circuit held that district court orders which stay proceedings for a limited time to require exhaustion of prison administrative remedies pursuant to the Civil Rights of Institutional Persons Act (CRIPA), 42 U.S.C. § 1997e are not appealable. Two …
Article • December 15, 1996 • from PLN December, 1996
Update on Washington Money Seizure Suit by In the August, 1996, issue of PLN we reported the history and then current status of Wright v. Riveland, the class action suit challenging the constitutionality of Washington statute RCW 72.09.480, which allows the DOC to seize 35% of all funds sent to …
PI Granted on Winter Clothing Claim by Afederal district court in New York granted a preliminary injunction ordering prison officials to provide segregation unit prisoners with winter clothes in order for them to have access to outdoor exercise. Ronald Davidson, a New York state prisoner, filed suit challenging the inadequacy …
Article • December 15, 1996 • from PLN December, 1996
Motive in Denying Due Process Irrelevant by The court of appeals for the sixth circuit held that prison officials are liable for keeping a prisoner in administrative segregation without a hearing if they acted intentionally or with deliberate indifference; their motive in doing so is irrelevant. Gregory Howard, a Michigan …
Article • December 15, 1996 • from PLN December, 1996
PLRA Not Applicable to Appeals Filed before Passage by The court of appeals for the second circuit held that the Prison Litigation Reform Act's (PLRA) fee provisions did not apply to appeals submitted prior to its passage. The court also held that summary judgment rulings must be properly supported by …
Article • December 15, 1996 • from PLN December, 1996
Pro Se Tips and Tactics by John Midgley Prisoners who challenge jail or prison conditions or practices in a pro se lawsuit should be aware of the possibility of turning the case into a class action. In deciding whether to seek class treatment, you should consider both whether your case …
Article • December 15, 1996 • from PLN December, 1996
Black Prison Movements by Review by Daniel Burton-Rose This impressive offering from the Network of Black Organizers (NOBO) provides coverage of many of the issues confronting Black and New Afrikan prisoners and their outside communities. A large portion of the writings are by political prisoners and POWs past and present, …
Article • December 15, 1996 • from PLN December, 1996
PLRA Not Retroactively Applicable to Special Masters by A federal district court in California held that the Prison Litigation Reform Act's (PLRA) provisions limiting the source and amount of payment to special masters appointed to monitor compliance with court orders did not apply to special masters appointed prior to the …
Article • December 15, 1996 • from PLN December, 1996
PLRA Stay Provision Held Unconstitutional by In two separate rulings different judges in Michigan held that the stay provisions of the Prison Litigation Reform Act (PLRA), codified at 18 U.S.C. § 3626(e) are unconstitutional. Among the PLRA's provisions to section 3626(e) which provides that "Prospective relief subject to a pending …
Article • December 15, 1996 • from PLN December, 1996
Iowa DOC Shake-Up by Michael Brant The Iowa DOC administration under director Sally Chandler Halford is taking a "get tough" position against prisoners. Up for a tough reconfirmation next year by the senate, the director plans to shake-up the whole system in the wake of recent incidents within the Iowa …
Article • December 15, 1996 • from PLN December, 1996
Filed under: Sentencing, Three Strikes
Analysis of People v. Romero by On June 20, 1996, the California Supreme Court decided People v. Romero (1996) 13 Cal.4th 497, 917 P.2d 628, 65 USLW 2017, 96 Daily Journal DAR 7229. The question posed in the case was whether trial judges retained discretion to strike prior felony convictions …
Article • December 15, 1996 • from PLN December, 1996
A Matter of Fact by There are 1.5 million private security guards employed in the U.S., outnumbering police three to one. Communities, individuals, and businesses spent $52 billion on private security in 1990, twice the amount of tax revenues going to police. The crime rate dropped 4 percent overall in …
Article • December 15, 1996 • from PLN December, 1996
Attorney Fees Awarded in Smoking Suit by A federal district court in Nebraska awarded a prisoner plaintiff $8,346 in attorney fees and $2,952 in expenses in a suit challenging Nebraska state prisoners' exposure to Environmental Tobacco Smoke (ETS, also known an second hand smoke). This to the first published case …
Article • December 15, 1996 • from PLN December, 1996
Transportation Costs Can't Be Imposed on Losing Plaintiffs by The court of appeals for the seventh circuit affirmed a district court ruling holding an unsuccessful prisoner plaintiff was not liable for costs incurred in transporting him and his witnesses to trial. Bill Sampley, a PLN supporter, and Michael Holland are …
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