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Article • April 15, 2000 • from PLN April, 2000
Washington Health and Safety Standards Apply to Prison Work Places by The Washington State Supreme Court has held that the Dept. of Corrections (DOC) must comply with electrical licensing and safety laws, but not competitive bidding and prevailing wage laws, when managing prisoner labor. The National Electrical Contractor Association (NECA) …
Georgia Prisoner Wins $60,000 Retaliation Verdict by On September 30, 1999, U.S. district court judge Orinda Evans awarded Georgia state prisoner Ray Yelverton $60,000 in compensatory and punitive damages in a retaliation suit against prison officials. Yelverton was convicted of child molestation charges in 1990. He was imprisoned at the …
Arizona Incarceration Cost Setoff Law Upheld by The Arizona Court of Appeals held that, as applied, the state's incarceration cost setoff law does not violate the Equal Protection Clause of the Fourteenth Amendment or the anti-abrogation provisions of the Arizona Constitution. A jury awarded $15,000 to Felix Duarte and $1,500 …
Lockdown America: Police and Prisons in the Age of Crisis, by Christian Parenti (Review) by Paul Wright Verso, 290 pages Review by Paul Wright The government is by no means a neutral agent dedicated to the welfare of all its citizens. Instead, it stands first and foremost to protect the …
Arizona Can't Seize All Prison Labor Back Wages by The Arizona court of appeals held that the state of Arizona can only seize thirty percent of a successful prisoner litigants back wages award. In 1983 and 1984 Richard Ford, an Arizona state prisoner, worked for Cutter Industries, a private company …
Media Interview Protected Free Speech by A federal district court in Pennsylvania held that the transfer of a prisoner for his participation in a pre-authorized media interview and his subsequent correspondence with the newspaper reporter violated the prisoner's constitutional rights. Prison officials were denied qualified immunity and the prisoner was …
Article • July 15, 1999 • from PLN July, 1999
Retaliation Suit States Claim by Afederal district court in Illinois held that a jail prisoner had stated a claim upon which relief could be granted in his lawsuit alleging retaliation. David Lewis was a prisoner in the Cook county (Chicago) jail in Illinois where he worked as a law library …
Indiana May Not Deny Pay and Educational Programs to Protective Custody Prisoners by The Court of Appeals of Indiana has held that the Indiana Department of Corrections (DOC) violated state law, Title 11, Section 11-10-5-1 when it denied all education programs to prisoners in protective custody. The court held that …
Article • March 15, 1999 • from PLN March, 1999
Work-Release Prisoners Eligible to Vote on Union Representation by Apanel of the National Labor Relations Board (NLRB), upon reconsideration of its original determination, has held that four work-release employees share a sufficient "community of interest" with the regular "free-world" unit employees, so they are eligible to vote in union representation …
Temporary Injunction Issued to Prevent Sex Offender Notification to Employer by A federal court in New Jersey has issued a temporary injunction to prevent state parole officials from notifying a paroled sex offender's employer of his parole status and criminal history. John Doe is a paroled New Jersey state sex …
Article • February 15, 1999 • from PLN February, 1999
Campaign to End Slavery in American Prisons by Campaign to End Slavery In American Prisons The purposes of the Campaign to End Slavery in American Prisons (CTES) are To identify a socially responsible prison labor standard. To assess working conditions in various prisons and identify those that meet or exceed …
Article • February 15, 1999 • from PLN February, 1999
Samuels v. Mockry Reversed Once Again by The court of appeals for the second circuit held that an issue of fact as to whether prison officials acted with a retaliatory animus when they placed a prisoner in the "Limited Privileges Program" (LPP), precluded summary judgment for the defendants. This is …
No Immunity for Forcing Disabled Prisoner to Work by The court of appeals for the Eighth circuit held that a prison guard was not entitled to qualified immunity from money damages for forcing a prisoner to perform work he was physically incapable of doing. Ramon Sanchez, a Missouri state prisoner, …
Article • May 15, 1998 • from PLN May, 1998
Oregon's Prison Slavocracy by Dan Pens What I propose is, that as we embark on this massive prison construction program, we try a new approach -- convert our "warehouses" into factories with fences around them. To do that we must change our thinking and change the reactionary statutes that stand …
Louisiana DOC Defiance Rule Unconsitutional by The court of appeals for the fifth circuit held that the Louisiana DOC rule prohibiting "defiance" was facially invalid to the extent that it proscribes prisoners from threatening prison employees "with legal redress during a confrontation situation." The court also held that habeas corpus …
Article • May 15, 1998 • from PLN May, 1998
Filed under: Prison Labor, Organizing
Texas Prison Labor Union by The Texas Prison Labor Union (TPLU) was established in 1995 by Texas prisoners and outside supporters. The state had just completed a $1.5 billion prison expansion program, and it now incarcerates close to 150,000 prisoners in a vast network of more than 100 prisons. One-hundred …
Pretrial Detainees Not Covered by FLSA by Pretrial Detainees Not Covered By FLSA The court of appeals for the eleventh circuit held that pretrial detainees who perform services at the direction of jail officials for the benefit of the facility are not covered by the federal Fair Labor Standards Act …
Refusal to Waive Interest States Claim by The court of appeals for the ninth circuit held that a district court erred when it dismissed a prisoner's claim that he was fired from his prison job when he refused to waive his right to interest accruing to his prison trust fund …
Article • March 15, 1998 • from PLN March, 1998
Slavery in South Carolina by Dan Pens What is the difference between a good slave and a bad slave? The South Carolina Department of Corrections (SCDC) knows: Good slaves "continue to work and stay out of trouble". Below is the full text of a memorandum addressed to the South Carolina …
Article • February 15, 1998 • from PLN February, 1998
Florida PRIDE Employees Denied Minimum Wages by James Quigley The court of appeals for the eleventh circuit affirmed summary judgment against Florida state prisoners who claimed entitlement to the federal minimum wage under the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-219. The court held that the private, non …
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