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Article • April 15, 1997 • from PLN April, 1997
Louisiana Jail Abuse Settlement by Iberia Parish, Louisiana, reached an agreement December 2, 1996, with the U.S. Department of Justice (DOJ) to settle a lawsuit alleging prisoner abuse in the parish jail. The suit was filed by the DOJ in June, 1996, against then-sheriff Errol Romero and then jail warden …
Inadequate Jail Staffing Violates Due Process by The court of appeals for the fifth circuit held that a jail staffing practice that allowed a lone male guard to oversee female detainees could be held to violate due process after a woman detainee was raped by a guard. The court held …
PLRA Applied to Attorney Fees by A federal district court in Michigan held that the Prison Litigation Reform Act (PLRA) required that attorneys representing prisoners be paid a maximum of $112.50 an hour. Hadix v. Johnson is the long running Michigan class action suit. After prevailing in the district court …
Article • April 15, 1997 • from PLN April, 1997
No Immunity for Eighth Amendment Violation in Rectal Search by The court of appeals for the ninth circuit reversed a jury verdict which had found prison officials had violated a prisoner's eighth amendment rights during a rectal search but that they were entitled to qualified immunity for doing so. The …
Detainee Entitled to Ad-Seg Hearing by A federal district court in Texas held that a pretrial detainee was entitled to a hearing before being placed in segregation. Robert Poole was a pretrial detainee in the Jefferson County jail. This ruling concerns the denial of the defendant's motion for summary judgment …
Denial of Medical Diet States Claim by A federal district court in New York held that a prisoner who was denied a high fiber diet after undergoing a colostomy had stated a claim requiring a trial to resolve. John Mandala is a New York state prisoner who had the misfortune …
Tent City Jail Erupts in Flames by Most PLN readers are aware of Maricopa County Sheriff Joe Arpaio's reputation as "the meanest sheriff in America," infamous for his tent-city jail, stripped of amenities, sweltering in the Arizona sun under a large neon "Vacancy" sign. Arpaio is unabashedly proud of his …
Pierce County (Tacoma) Jail Suit Settled by In the February, 1995, issue of PLN we reported the filing of Herrera v. Pierce County, a class action suit challenging overcrowding and various other unconstitutional conditions at the Pierce County jail in Tacoma, Washington. The suit was settled in mid 1996 in …
Article • March 15, 1997 • from PLN March, 1997
Three's Company by N.H. We [at the Washington Correction Center for Women] now have three women to a room -- in a space too small for two women. They simply moved in a top bunk on one side of the room. The number of women here has increased by 20 …
Article • March 15, 1997 • from PLN March, 1997
Canteen Corp. Info Wanted by Anthony Palacioz The Canteen Corporation of North Carolina has a five-year contract with Kansas to provide food services state-wide. After mere months in operation, Canteen Corp. has caused trouble by starving Kansas prisoners and serving shit for food. [See: "Un-Happy Meals in Kansas," PLN Vol.7 …
Detainee Excessive Force Jury Instructions Reversed by The court of appeals for the seventh circuit held that a district court erred when it instructed a jury on jail guards' good faith immunity defense. Anyone bringing an excessive use of force involving pretrial detainees to trial will find this case helpful. …
Article • February 15, 1997 • from PLN January, 1997
NY Jail Consent Decrees Vacated under PLRA by A federal district court in New York upheld the constitutionality of the Prison Litigation Reform Act (PLRA) and terminated a series of consent decrees in seven cases that governed conditions at Rikers Island and several other New York City jails. Readers should …
South Carolina Consent Decree Terminated under PLRA by The court of appeals for the fourth circuit upheld the termination of a consent decree pursuant to the Prison Litigation Reform Act (PLRA) and rejected challenges to the constitutionality of the PLRA. In 1982 South Carolina prisoners filed suit challenging conditions of …
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. …
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 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 …
Corcoran Prison Cover-up by Willie Wisely by W. Wisely On October 7, 1994, former California prison guard Richard Caruso decided he had enough. The frequent shooting of prisoners forced into fights staged, then covered up, by guards at Corcoran prison's Security Housing Unit (SHU) weighed on his conscience. So, Caruso …
No Immunity for Failure to Protect Prisoner from Violence by The court of appeals for the eighth circuit held that prisoners have a clearly established right to be protected from violence by other prisoners. The court also gave a detailed discussion of appellate jurisdiction in reviewing interlocutory appeals by prison …
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 …
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