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Fear Alone Doesn't Violate Eighth Amendment: No Immunity for Retaliation by The court of appeals for the seventh circuit held that a prisoner's fear of being attacked, by itself, does not violate the eighth amendment. The court also held that prison officials who retaliate against prisoners who complain about prison …
Article • October 15, 1997 • from PLN October, 1997
Prison Conditions in Venezuela by Human Rights Watch has been investigating prison conditions throughout the world for the last 10 years. Punishment Before Trial: Prison Conditions in Venezuela, issued in March 1997, is the 29th resulting report to appear. HRW/Americas investigators spent three weeks in Venezuela in March 1996 during …
Article • October 15, 1997 • from PLN October, 1997
No Qualified Immunity for Denial of Exercise by A federal district court in Illinois held that prison officials were not entitled to qualified immunity from money damages for denying segregation prisoners all opportunity for out of cell exercise for one year. McNeal Watts, an Illinois state prisoner, was placed in …
Fifth Circuit Reverses Scott by The court of appeals for the fifth circuit, sitting en banc, reversed its prior holding in Scott v. Moore, 85 F.3d 230 (5th Cir. 1996) [PLN, June, 1997] that inadequate jail staffing violated the due process rights of a woman detainee who was repeatedly raped …
A Day at the Human Zoo by Alice Lynd My husband and I toured the Northeast Ohio Correctional Center, a new "private prison" that is soon to open in Youngstown. Near the entrance there is a bulletin board with the words, "Yesterday's Closing Stock Price," a reminder that the Corrections …
California Guards Set Up Prisoners by Willie Wisely After a scandal in which guards boiled a mentally ill prisoner alive, California's most notorious prison is once more the target of an investigation into abuse and excessive force. Pelican Bay prison guards are accused of setting up prisoners convicted of sex …
Court Allows Silencing of Environmental Whistle-Blower by Paul Wright If a business near your home was dumping raw sewage into rivers and improperly storing toxic materials that contaminated your drinking water supply, would you want to know about it? Would you be grateful if an employee reported this to the …
Article • October 15, 1997 • from PLN October, 1997
Arizona Prisoner Entitled to Kosher Diet by The court of appeals for the ninth circuit held that a district court erred when it upheld the denial of Kosher meals to Jewish prisoners in Arizona. Kenneth Ashelman is one of 70 Jewish prisoners in the Arizona DOC. Prison officials in that …
$5,000 Verdict for Snitch Jacketing Affirmed by The court of appeals for the tenth circuit affirmed a $5,000 judgment in favor of a jail prisoner who was assaulted after a guard told other prisoners he was a snitch. The court also affirmed an award of $93,649.61 in attorney fees and …
Eleventh Circuit Reinstates Beating Verdict by The court of appeals for the eleventh circuit reversed a judgment as a matter of law entered against a Florida prisoner after a jury found in his favor. The court reinstated both the verdict and a damage award for the prisoner. The court also …
CCA Prison Off to a Rocky Start by In its first five weeks of operation, the CCA-owned and operated Northeast Ohio Correctional Center (NOCC) in Youngstown was locked down three times. According to warden Willis Gibson, the first lockdown occurred on May 30 after 50 Washington D.C. prisoners, apparently unhappy …
Brief • September 24, 1997
Zolnowski v. Erie, NY, Stipulation, Conditions of Confinement, 1997 Zolnowski v. Co. of Erie V V H • • • • • H• • MED V JC-NY-009-002 -J.S, DISTRICT COURT ,4 M V . UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK SEP 24)99? VI BERNARD J. ZOLNOWSKI, JR., …
Brief • September 18, 1997
Settle v. Lopez, NY, Interrogatories, Failure to Protect, 1997
Article • September 15, 1997 • from PLN September, 1997
Attorney Fee Award in Nominal Damage Case Affirmed by The court of appeals for the eighth circuit affirmed an award of $6,005.40 in attorney fees and costs to a prisoner who was awarded one dollar in nominal damages after a jury trial. Ali Muhammad, an Arkansas state prisoner, filed suit …
Article • September 15, 1997 • from PLN September, 1997
PLRA Applies to Juveniles, Retroactive on Attorney Fees by The court of appeals for the fourth circuit held that the Prison Litigation Reform Act (PLRA) applies to lawsuits brought by juvenile detainees and its cap on attorney fees ($112.50 an hour) applies to work performed before the PLRA's April 26, …
Article • September 15, 1997 • from PLN September, 1997
Gun Law Threatens Police, Military, Prisons by In September, 1996, an acrimonious 104th Congress, faced with government "shut-down," passed the Omnibus Consolidated Appropriations Act of 1997. The budget battle garnered so much attention that little notice was given to a "rider" attached to the bill that poses a threat to …
New York Jail Overcrowding Unconstitutional by A federal district court in New York held that overcrowding in the Erie County jail violated the eighth amendment rights of convicted prisoners and the fourteenth amendment rights of pretrial detainees housed in the jail. Bernard Zolnowski, a pretrial detainee, filed suit challenging jail …
Article • September 15, 1997 • from PLN September, 1997
DC Women Prisoners' Suit Reversed by In the December, 1995 and June, 1996, issues of PLN we reported Women Prisoners of the District of Columbia DOC v. District of Columbia, 877 F. Supp. 634 (DC DC 1995) and 899 F. Supp. 659 (DC DC 1995) in which a federal district …
Montana Paying for 1991 Prison Uprising by The state of Montana agreed to pay $60,000 to the parents of a prisoner killed during a 1991 uprising at the maximum security Deer Lodge prison. It was the second settlement among 13 state court cases filed against prison officials. In January 1995, …
Article • September 15, 1997 • from PLN September, 1997
Failure to Remove Sutures States Claim by A federal district court in Maryland held that a prisoner raised a genuine issue of material fact, requiring a trial, because prison doctors did not remove wire sutures from his abdomen. Nicholas Jones, a Maryland state prisoner, underwent hernia surgery. Afterwards, suture wires …
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