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IMU Placement Implicates Due Process by The court of appeals for the ninth circuit held that an Oregon prisoner's transfer to an Intensive Management Unit (IMU) control unit may violate due process if done without procedural due process. The court also held that several control unit conditions stated a claim …
Article • September 15, 1996 • from PLN September, 1996
Un-Happy Meals in Kansas by G.C. On May 19, 1996, the Kansas DOC turned over the kitchens of all the prisons to Canteen Correctional Services (CCS), a private for-profit contractor. It is worth noting that despite the contract to feed the prisoners, prisoner labor is still required, and the prisoner …
Challenging Evil That Ills This Society by Ed Kinane The September 1995 New York State Prison Strike [The following is reprinted from Peace Newsletter, 3/96.] Musaa has served 13 years of a 20 year sentence in the NYS penal system. He has earned three degrees with an emphasis on political …
Article • August 15, 1996 • from PLN August, 1996
New Washington Prison Needs Major Repairs by Washington's newest prison, Airway Heights Corrections Center (AHCC), constructed in 1993 at a cost of $113 million, was originally slated to open in November, 1993, but the Washington DOC decided to delay opening the prison for nearly a year in order to save …
Article • August 15, 1996 • from PLN August, 1996
VitaPro Update by Over the past year PLN has published several articles about events revolving around a $33.7 million contract between the Texas Department of Criminal Justice (TDCJ) and Canadian-based VitaPro Foods, Inc. Since our last report, several developments have come to light. The Austin American-Statesman reported that Montreal businessman …
Guards' Smoke Violates Eighth Amendment by A federal district court in Illinois held that a guard deliberately blowing smoke into the face of a prisoner with respiratory ailments violates the eighth amendment. Clarence Walker is a 65 year old Illinois state prisoner who has emphysema, asthma and diabetes, among other …
Beating Shackled Prisoners States Claim by A federal district court in Georgia held that the eighth amendment prohibits the beatings of handcuffed and shackled prisoners. Federal prison employees are not immune to state law claims of assault and battery. The case involves two federal prisoners at the US Penitentiary in …
Segregation Enhancement May Violate Due Process by A federal district court in New York held that extending a prisoner's term in segregation without a hearing may violate his right to due process because it imposed an atypical hardship because this particular prisoner was almost seven feet tall and had difficulty …
Article • July 15, 1996 • from PLN July, 1996
Prison: An Entitlement System? by According to a recent computer analysis, Alabama's prison population has tripled since 1980, but the state's crime rate has remained the same. A Birmingham News analysis of Corrections Department statistics and census records show that nearly one of every 167 Alabamans older than 14 are …
Warden Liable for Prison Rape by The court of appeals for the sixth circuit held that supervisory prison officials can held liable under the eighth amendment when they ignore the risk of sexual assault to vulnerable prisoners that are later raped. Timothy Taylor is a Michigan state prisoner who is …
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 …
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
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 …
Zimmer Amendment Passed by When president Bill Clinton signed the budget for the Department of Justice it included a rider inserted by Congressman Dick Zimmer (R-NJ). In its entirety it states: "None of the funds made available in this Act shall be used to provide the following amenities or personal …
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
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. …
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 …
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