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Article • June 15, 1996 • from PLN June, 1996
Report on Japanese Prisons Released by Human Rights Watch Asia has recently released a booklet titled Prison Conditions in Japan. The 93 page booklet gives a detailed overview of the Japanese prison system. Organized by topic the booklet includes a summary with chapters covering police detention, physical conditions, communication between …
Article • June 15, 1996 • from PLN June, 1996
Military Prison Locked Down by On March 2, 1996, Pfc. Thomas Enochs, a prison guard, told a prisoner at the U.S. Disciplinary Barracks at Ft. Leavenworth, Kansas not to wear a T-shirt on his head. The unidentified prisoner then assaulted Enochs, who set off a body alarm to summon other …
Article • June 15, 1996 • from PLN June, 1996
IFP Status Not Available for Trivial Suits by The court of appeals for the third circuit has expanded the ability of district courts to dismiss suits filed in forma pauperis by indigents. This case epitomizes the maxim that bad cases make bad case law. Melvin Deutsch is a federal prisoner …
Michigan Visiting TRO Denied by A federal district court in Michigan denied state prisoners a Preliminary Injunction (PI) in their challenge to new visiting rules. The Michigan DOC recently enacted more restrictive rules on visitation that prohibit visits by all minors other than prisoners' own children; it prohibits visits with …
Article • June 15, 1996 • from PLN June, 1996
No Free Lunch by Most readers are aware of the growing practice of charging prisoners and jail detainees a fee for medical services. Two southern jurisdictions have introduced what may be the next wave - charging for meals. Sheriff Bobby Knowles of the St. Lucie County Jail in Fort Pierce, …
No Stay in DC Women Prisoners' Suit by In the December, 1995, issue of PLN we reported Women Prisoners of D.C. DOC v. District of Columbia, 877 F. Supp. 634 (DC DC 1995), a class action suit by women prisoners challenging their conditions of confinement and an atmosphere of sexual …
Article • June 15, 1996 • from PLN June, 1996
Mississippi Unable to Pay the Piper by Last year Mississippi implemented the country's toughest sentencing bill, requiring all convicts (not just 'serious" or violent" criminals) to serve 85 percent of their sentences. Corrections Commissioner Steve Puckett said that law is causing a serious financial dilemma and needs to be reviewed. …
Phone Graft in Florida by Competing telephone companies submitted bids to provide "inmate phone services" to 35 Florida prisons. The contract was awarded to North American Intelecom (NAI) Inc. over rival MCI Telecommunications. MCI filed a protest based on the fact that they scored higher than NAI in the Department …
Indiana Prisoners Not Entitled to Disciplinary Due Process by In two separate rulings a federal district court in Indiana held that a prison disciplinary hearing committee does not have to provide any form of due process when it sentences a prisoner to long terms of disciplinary segregation. Lorenzo Stone-Bey, an …
Article • June 15, 1996 • from PLN June, 1996
Filed under: Telephones, Telephone Rates
Nevada Utilities Commission Caps Prison Phone Rates by In the July, 1995, issue of PLN we reported that the Nevada Public Service Commission (PSC) was considering putting an end to the extortionate phone rates paid by people who accepted collect calls from Nevada state prisoners. On September 12, 1995, the …
Article • June 15, 1996 • from PLN June, 1996
Filed under: Crime/Demographics, Victims
America's Most Wanted Hypocrite by Paul Wright John Walsh is known to millions of television viewers as the host of America's Most Wanted on FOX TV. The program features lurid reenactments of crimes and ask for viewer assistance in locating people that police claim have committed the crime in question. …
Supervisor Liable in Retaliation Suit by A federal district court in New York held that supervisory prison officials can be found liable when they are aware of retaliation taken against prisoners but do nothing to stop it. The court dismissed claims challenging the New York DOCS practice of discontinuing free …
Article • June 15, 1996 • from PLN June, 1996
State Seizes County Jail by On January 19, 1996, nearly 200 New Jersey state corrections officers, dressed in full riot gear, descended on the Hudson County Jail and seized control of the facility. The jail's warden was removed, the facility was locked down, and every cell was searched for contraband. …
Okay for Guards to View Naked Prisoners by The court of appeals for the seventh circuit held that it is constitutionally permissible for female guards to routinely view naked male prisoners. Albert Johnson, a pretrial detainee in the Cook County (Chicago) jail, filed suit claiming that female guards monitoring male …
Article • June 15, 1996 • from PLN June, 1996
$5 Million Awarded in New York Prison Stabbing by In December, 1995, a jury in the New York state court of claims awarded former prisoner Anthony Barrett $5,180,645 in damages for pain and suffering, lost income and expenses. In 1987 Barrett was left paralyzed after being stabbed in the back …
Article • June 15, 1996 • from PLN June, 1996
Filed under: Sentencing, Parole
Maryland Lifers Denied Parole by Rocky Hines In 1993, the Maryland DOC instituted a policy which denied all lifers a security status below medium. Those lifers who were then in minimum security facilities, pre-release, and work release were checked in and transferred to maximum and medium security prisons. This was …
Ninth Circuit Revisits Attorney Fees by The court of appeals for the ninth circuit has again held that attorney fee awards under 42 U.S.C. § 1988 should be awarded by district courts based on the relief achieved by the prevailing party. Institutional reform litigation by its nature is a long, …
California EFV Ban Enjoined by Past issues of PLN have reported on legislative efforts to eliminate or restrict prisoners access to Extended Family Visits in California. A series of state court rulings have been issued [See PLN, Feb., Apr., Sep, 1995, for more details] on this topic. Unable to completely …
Tenth Anniversary of Peru Prison Massacres by [The following article is excerpted from the book Gloria al Día de Heroísmo, which is an account of the uprising and massacre of Peruvian political prisoners and Prisoners of War on June 19, 1986. This year marks the tenth anniversary of the uprising.] …
Article • June 15, 1996 • from PLN June, 1996
Pro Se Tips and Tactics by John Midgley This column discusses the defense of so-called "qualified immunity" that is available to public officers and employees sued under 42 U.S.C. Section 1983. I will first discuss what an "immunity" is, then what "qualified" immunity is as distinguished from "absolute" immunity, and …
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