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Article • December 15, 1996 • from PLN December, 1996
Hungry for Justice in L.A. Jail by More than 50 detainees at the Men's Central Jail in Los Angeles participated in a hunger strike, protesting a lack of legal reference materials and law library access, in August 1996. The hunger strike appears to have been confined to one section of …
Article • December 15, 1996 • from PLN December, 1996
Filed under: News, News in Brief
News in Brief by CA: Former L.A. Rams cornerback Darryl Henley and Metropolitan Detention Center (MDC) guard Rodney Anderson were indicted in June, 1996, on charges of conspiring to kill federal judge Gary Taylor and former Rams cheerleader Tracy Donoho. The indictment states that Anderson smuggled a cellular phone into …
Article • December 15, 1996 • from PLN December, 1996
Texas Guard Cleared in Controversial Shooting by Last month PLN reported "In Harm's Way: Texas Prisoner Killed," about the fatal shooting of 21-year-old prisoner Daniel Miguel Avellaneda by 35-year-old French Robertson Unit prison guard Neal Harms. Six weeks and one day after the July 8 shooting, a Jones County grand …
Article • December 15, 1996 • from PLN December, 1996
From the Editor by Dan Pens Welcome to another issue of PLN . If you read these editorials often, you've no doubt noticed that we usually mention that PLN is entirely reader supported and we need donations from you. Somehow you always manage to send "just enough." And we manage …
Brief • December 11, 1996
Crofton v. Ocanaz, WA, Order re: Cross MSJ, Publication Censorship, 1996 r II 1 ....: ~ 2 .... ' --_ .._---- ---- 3 _. 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF WASHINGTON 8 CLAYTON CROFTON, 9 Plaintiff, 10 11 v. ) ) ) ) ) ) …
Article • November 15, 1996 • from PLN November, 1996
Filing Fee Requirement Not Retroactive by The court of appeals for the tenth circuit held that the Prison Litigation Reform Act (PLRA) did not have retroactive effect as applied to filing fees for indigent litigants. David White, a Colorado state prisoner, filed suit after he was denied access to a …
Article • November 15, 1996 • from PLN November, 1996
The Pelican Bay Factor by Abdul Olugbala Shakur [Editors' Note: The author submitted this manuscript in May of 1996. Because of our article backlog and space limitations we are only now printing it. The issues outlined in this article, however, have since received coverage in the mainstream press. We regret …
Article • November 15, 1996 • from PLN November, 1996
Louisiana Prison System Back Under Court Supervision by The court of appeals for the fifth circuit affirmed a district court order which vacated a prior order terminating the court's jurisdiction over a consent decree governing the Louisiana prison system. In doing so the appeals court held that the Prison Litigation …
Article • November 15, 1996 • from PLN November, 1996
Eight Corcoran Guards Fired, Five Reinstated by On the morning of May 15, 1995, five prisoners at the Calipatria state prison stormed an A Facility program office and stabbed a sergeant. Other guards rushed to help and a wild brawl ensued. Eight guards were injured in the melee. [See: 'CA …
Article • November 15, 1996 • from PLN November, 1996
Three Strikes Applied by The court of appeals for the seventh circuit discussed the application of the Prison Litigation Reform Act's (PLRA) provision requiring full payment of filing fees after three suits have been dismissed as frivolous, malicious or failing to state a claim upon which relief can be granted. …
Gas Chamber Found Unconstitutional by The court of appeals for the ninth circuit affirmed a lower court ruling that held the California gas chamber was an unconstitutional form of execution that violated the eighth amendment. In the November, 1995 issue of PLN we reported Fierro v. Gomez, 790 F. Supp. …
Article • November 15, 1996 • from PLN November, 1996
WSR Smoking Suit Settled by In 1991 prisoners at the Washington State Reformatory (WSR) in Monroe, WA, filed suit challenging their forced exposure to Environmental Tobacco Smoke (ETS), AKA second hand smoke. On February 13, 1996, the suit was settled. The essence of the settlement was that WSR would implement …
Article • November 15, 1996 • from PLN November, 1996
Prison Tragedy Results in Settlement by A 28 year old ex-convicted murderer, Troy Christian, (who was released from prison in March 1993 at 24), received a $1.5 million settlement for being permanently disabled, both mentally and physically, due to California Correctional Facility (CCF) and the California Medical Facilities (CMF) inadequate …
Article • November 15, 1996 • from PLN November, 1996
PLRA Filing Fees Don't Apply to Habeas Petitions by The court of appeals for the second circuit has held that the Prison Litigation Reform Act's (PLRA) imposition of filing fee payment obligations on civil actions filed by prisoners do not apply to habeas corpus petitions. While federal habeas corpus petitions …
Macing and Restraints State Eighth Amendment Claim by The court of appeals for the fourth circuit held that not allowing a prisoner to wash after being maced and placing him in four point restraints created a fact question requiring a trial to determine if his eighth amendment rights were violated. …
Article • November 15, 1996 • from PLN November, 1996
PLRA Applied Retroactively to Filing Fees by The court of appeals for the second circuit held that the Prison Litigation Reform Act's (PLRA) provisions requiring payment of filing fees applies retroactively to civil appeals filed by indigent pro se prisoners before the PLRA's enactment. The case involves four unrelated prison …
Satanist Claim Goes to Trial by A federal district court in New York held that prison officials failed to show any legitimate penological interest in denying a Satanist the right to practice his faith in prison. Alfredo Ramirez is a New York state prisoner and a Satanist. He filed suit …
Article • November 15, 1996 • from PLN November, 1996
Guard Caught Holding the Knife by A former Pontiac Illinois prison guard, Rick Householder, 41, was convicted on June 25, 1996 of possessing a homemade knife. Householder, who was once named "Officer of the Year" for his skill at finding contraband weapons, was convicted of possession of contraband in a …
Article • November 15, 1996 • from PLN November, 1996
Nevada Prisoners Have Liberty Interest in Disciplinary Hearings by A federal district court in Nevada held that Nevada state law creates a liberty interest for prisoners accused of disciplinary misconduct. After the US supreme court decided Sandin v. Connor, 115 S.Ct. 2293 (1995) the question of whether a prisoner retains …
Article • November 15, 1996 • from PLN November, 1996
Ohio "Eases" Prison Overcrowding by On June 30, 1996, Ohio had the second- or third-most overcrowded prison system in the country with prisoners packed in at 170.1 percent of capacity. At the stroke of midnight, however, like magic, that figure dropped to 138.3 percent, placing the state eighth or ninth …
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