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Behind Bars in Brazil (Review of Human Rights Watch Report) by Julia Lutsky Reviewed by Julia Lutsky Since Brazil is the largest nation in Latin America it comes as no surprise to know that its prisons hold more people than do the prisons of any other Latin American nation. Its …
Former Jail Prisoner Awarded $8,000 for Abuse; PLRA Attorney Fee Limit Inapplicable to Juveniles by The court of appeals for the Eighth Circuit held that there was sufficient evidence that the county's policies regarding the housing of juvenile detainees, resulted in overcrowding, which led to a juvenile being beaten, raped …
Wisconsin Resists Out-of-State Transfers by In October, 1996, Wisconsin's legislature granted the Department of Corrections (WDOC) authorization to house 700 prisoners in Texas County Jails. WDOC Secretary Michael Sullivan overcame the opposition to that first prisoner-export proposal by assuring the public that the crossborder option was merely a stop-gap measure …
Georgia DOC Turns to Private Prisons by Alex Friedmann According to a report by the Georgia Board of Pardons and Paroles, by July 2003 the state will have just 42,000 prison beds for a projected 55,000 state prisoners. This imbalance is primarily due to a "two strikes" law that took …
Article • October 15, 1998 • from PLN October, 1998
Devil's Island Redux by Devil's Island Redux? Tucked away in the mammoth $238 billion 1997 defense spending authorization bill was a four paragraph section, approved by the House Armed Service Committee, that asked the Pentagon to study the feasibility of imprisoning drug offenders on isolated islands in the Pacific Ocean. …
Amnesty International Seeks Human Rights Abuse Info by Amnesty International Seeks Human Rights Abuse Info Amnesty International (A.I.) is working on a comprehensive report on human rights in the United States, inclusive of prisons, jails, and immigration detention centers. The primary purpose of this report is to document where there …
Wisconsin Transfers Spark Protest by On Sunday June 28, 1998, prisoners at the Fox Lake Correctional Institution staged a protest against the scheduled transfer of 160 Wisconsin prisoners to a private prison in Oklahoma. According to eye-witnesses, about 155 prisoners refused orders to return to their cells from a recreation …
Article • October 15, 1998 • from PLN October, 1998
The Buck Stops Where? by Alex Friedmann When Georgia prisoner Stanley Reed filed a federal habeas petition in January 1997 he probably didn't expect the response he received: The warden refused to answer the petition, raising the possibility that Reed might be released by default. The reason? Reed, although a …
Article • August 15, 1998 • from PLN August, 1998
Plaintiffs Must Be Allowed to Present Evidence in PLRA Motions to Terminate Prospective Relief by The court of appeals for the Eighth circuit held that court injunctions limiting jail or prison populations must be dissolved unless findings to justify such relief are entered by a three judge district court. Once …
Article • August 15, 1998 • from PLN August, 1998
Cheaper to Exile Prisoners? by Dan Pens The state of Connecticut closed its Northeast Correctional Institution (NCI) in July 1997 in a budget-cutting move. Just seven months later, state legislators called for the governor to reopen NCI because of overcrowding in the state's other prisons. But the administration of Gov. …
Article • July 15, 1998 • from PLN July, 1998
Prisoner 'Stress Response Syndrome' Described by Dan Pens The Prison Litigation Reform Act (PLRA) and related court rulings have raised imposing obstacles to prison civil rights litigation, effectively gutting class action claims against overcrowding and other conditions of confinement. Increasingly, courts require a showing of how such conditions are violating …
Article • July 15, 1998 • from PLN July, 1998
Consent Decree Termination Upheld by In the June, 1997, issue of PLN we reported Inmates of Suffolk County Jail v. Sheriff of Suffolk County , 952 F. Supp. 869 (D MA 1997) in which a federal district court in Massachusetts upheld 18 U.S.C. § 3626, the PLRA provision which allows …
San Francisco City and County Jail Conditions Held Unconstitutional by A federal district court in California ruled that numerous conditions of confinement at San Francisco county jail # 3 violated contemporary standards of decency and the eighth and fourteenth amendments. Of particular importance to West coast readers, the court found …
Fact Dispute Bars Qualified Immunity Appeal by The court of appeals for the fifth circuit held that it lacked jurisdiction to hear an interlocutory appeal on the denial of qualified immunity to prison officials where the lower court denied qualified immunity due to disputed facts. Two Louisiana state prisoners sued …
Conditions in Camden County Jail Unconstitutional by In 1992 and 1993 numerous' present and former CCJ prisoners filed civil rights complaints in federal court alleging an assortment of constitutional violations. Because the issues mirrored those involved in Camden County Jail Inmates v. Parker , 123 F.R.D. 490 (DNJ 1988), a …
AL Jail Enjoined From Holding Prisoners Overnight by Afederal district court in Alabama held that conditions in the Pickens county jail in Carrolton, Alabama, were so abysmal it was not fit for human or animal habitation. Prisoners in the jail filed a class action suit challenging the conditions of their …
Alabama Jail Held in Contempt for Crowding by Afederal district court in Alabama held that a jail had willfully refused to comply with a consent decree limiting jail crowding and held the defendants in contempt and imposed sanctions of $100 per day for every prisoner held in the jail over …
Fifth Circuit Rules on Appeals to Denials of IFP Status by The court of appeals for the fifth circuit held that prisoners denied In Forma Pauperis (IFP) status in the district courts and whose lawsuit is dismissed as frivolous under 28 U.S.C. § 1915 can appeal that ruling. The court …
Article • December 15, 1997 • from PLN December, 1997
GAO Reports Available: Federal and State Prisons by Julia Lutsky Federal and State Prisons: "Inmate Populations, Costs and Projection Models," November 1996, GAO/GGD-97-15 Private and Public Prisons: "Studies Comparing Operational Costs and/or Quality of Service," August 1996, GAO/GGD-96-158 Reflecting both the relatively recent "get tough on crime" and the age-old …
VI Decree Modification Denied Under PLRA, DOC Held in Contempt by A federal district court in the Virgin Islands made specific factual findings under the terms of the Prison Litigation Reform Act (PLRA) holding that prison and jail conditions on the island were unconstitutional and required federal court intervention to …
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