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Article • July 15, 1996 • from PLN July, 1996
Filed under: Reviews, Visiting
Visiting in Prison (Video) by Double Justice: a Documentary Film About Race and the Death Penalty This is a 19 minute video tape produced by the ACLU's Capital Punishment Project. The film places the legal imposition of the death penalty in the US in the historical context of American slavery …
Alaska Prisoner Has Right to Call Witnesses at Hearing by The Alaska supreme court held that refusing to allow a prisoner to call witnesses and to question the accusing staff member at a prison disciplinary hearing violated the prisoner's due process rights. Mattfi Abruska is an Alaska state prisoner. He …
Muslim Can't Be Punished for Refusal to Handle Pork by The court of appeals for the eighth circuit held that a district court erred when it granted prison officials qualified immunity for punishing a Muslim prisoner who refused to handle pork. Roosevelt Hayes is an Arkansas state prisoner and a …
Washington Legislation Passed by The Washington legislature was in session for a mercifully short 60 day session between January and March, 1996. In that period several hundred anti-prisoner and anti-defendant bills were introduced, at a cost of $1,500 each. While several passed the legislature about half of those passed were …
Article • July 15, 1996 • from PLN July, 1996
Minnesota Prisoners Strike for Minimum Wage by [The March 21 issue of Workers World reported that "a struggle exposing super-exploitation of prison labor has broken out at the Oak Park Heights Correctional Facility in Minnesota." The following account is excerpted from that article. Readers may note that Minnesota prisoners have …
Article • July 15, 1996 • from PLN July, 1996
Filed under: Medical, Brain Injury, ENT, Damages
$1.44 Million for Medical Indifference by On April 5, 1996, a Denver, Colorado district court jury awarded former prisoner Arthur Nieto $1.44 million in damages against Colorado state prison officials for showing deliberate indifference to his serious medical needs. According to the evidence proved at trial, Nieto was imprisoned at …
Article • July 15, 1996 • from PLN July, 1996
Filed under: Work, Prison Industries
Furniture Manufacturers Threatened by UNICOR by Small furniture manufacturers say they could be driven out of business by a rival they simply can't compete with: the government-owned Federal Prison Industries, Inc. (FPI). The corporation uses the trade name UNICOR and "employs" prison labor in federal prisons to manufacture furniture for …
Failure to Protect States Claim by The court of appeals for the fifth circuit held that a district court erred in dismissing as frivolous a suit by a prisoner claiming his eighth amendment rights were violated when they failed to protect him from attack by other prisoners. Billy Horton, a …
Prison Litigation Reform Act Passed by Paul Wright On April 27, 1996, president Clinton signed the Prison Litigation Reform Act (PLRA) into law attached as a rider to the budget for the Justice Department. The PLRA is the culmination of a lengthy campaign waged by prisoncrats and the National Association …
Article • July 15, 1996 • from PLN July, 1996
Jail Detainee's Court Access Right Violated by A federal district court in Pennsylvania held that pretrial detainees retain a right of access to the courts. Charles Turiano, a PLN subscriber, filed suit under 42 U.S.C. § 1983 claiming his right of access to the courts was violated when he was …
Attorney Fees Awarded in Death Row Brutality Case by A federal district court in South Carolina awarded a prisoner's attorney $29,516.50 in attorney fees and $1,856.17 in costs pursuant to 42 U.S.C. § 1988. Cecil Lucas is a death row prisoner in South Carolina. After becoming drunk and combative with …
No Right to Wages Under Interstate Compact by No Right to Wages under Interstate Compact The court of appeals for the eighth circuit held that neither the Interstate Corrections Compact nor Missouri state law required that Missouri prisoners held out of state be paid for their labor. Kenneth Jennings was …
Article • July 15, 1996 • from PLN July, 1996
Prisoner Accounts Add Up to Millions by The U.S. prison population has tripled in the last fifteen years and now stands at well over a million. But the number of bodies is not the only statistic that has grown. According to the Newhouse News Service, 1995 saw record sums of …
Article • July 15, 1996 • from PLN July, 1996
No Immunity for Washington Religious Name Retaliation by The court of appeals for the ninth circuit held that prisoners have a clearly established right to use legally adopted religious names and prison officials were not entitled to qualified immunity for violating that right. The court also held such prisoners did …
New York Work Release Creates Liberty Interest by A federal district court in New York held that prisoners retain a due process liberty interest in remaining in work release. Quentin Hollingsworth, a New York state prisoner, was participating in a work release and home furlough program while nearing the end …
Alabama Prison Chief Fired over Women in Chains by Alabama's prison commissioner, Ron Jones, was abruptly fired on April 26th after announcing plans to put female prisoners on chain gangs. Jones had ordered the warden at Julia Tutwiler State Prison for Women to develop the chain-gang policy. He said the …
Article • July 15, 1996 • from PLN July, 1996
Gang War Assault States Claim by A federal district court in New York held that a prisoner who was attacked as part of a "war" between Hispanic and Jamaican prisoners stated an eighth amendment claim for prison officials' failure to protect him. Ted Knowles is a New York state prisoner …
Bivens Provides Remedy for Work Injury to BOP Prisoners by A federal district court in California held that prison officials may not retaliate against prisoners who request medical treatment; that the Prison Industries Fund is the sole remedy for federal prisoners who suffer work related injuries but does not bar …
Massachusetts Phone Injunction Affirmed by The court of appeals for the first circuit affirmed a district court's contempt finding against prison officials concerning the monitoring and taping of prisoners' phone calls. In 1979 William Langton and David LeBlanc filed suit against Massachusetts prison officials over the interception and monitoring of …
Khalfani Trial Due to Begin by Leonard McQuay, also known as Khalfani X. Khaldun, was due to be released in 1997 from the Indiana prison system. But on December 13, 1994, Khalfani was transferred to the Maximum Control Complex in Westville, under investigation for it allegedly stabbing a prison guard …
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