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Eleventh Circuit Approves and Applies the PLRA by James Quigley By James Quigley The court of appeals for the eleventh circuit held that the provisions of the Prison Litigation Reform Act (PLRA) apply to cases pending prior to its enactment; that the filing fee requirements of the Act do not …
Uprisings in New York State Prisons by Julia Lutsky By Julia Lutsky Brutality by guards lay behind a major uprising at the Mohawk Correctional Facility in upstate New York in July 1997. Josea Benefield, a 22 year-old African-American prisoner in solitary confinement was reported to have hung himself with a …
Article • October 15, 1997 • from PLN October, 1997
Felon Disenfranchisement Laws Challenged in Washington by In the January and December, 1996, issues of PLN we reported Baker v. Cuomo, 58 F.3d 814 (2nd Cir. 1995) and Baker v. Pataki, 85 F.3d 919 (2nd Cir. 1996)(en banc) in which New York state prisoners were using the Voting Rights Act …
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 …
Article • June 15, 1997 • from PLN June, 1997
Swastika Carved on CDC Prison Guard Rifle by In January of 1997 authorities at California's Folsom State Prison launched an investigation to find out who carved a swastika and a "white power" insignia into the stock of a staff rifle. Sgt. Jim Cook, president of the Folsom chapter of the …
Article • June 15, 1997 • from PLN June, 1997
California Prisoner Wins Judgment Against Guard in Shooting by Herbert Green, a 51 year old African-American prisoner, filed a pro se §1983 action against Robert Konkel, a prison guard at Calipatria State Prison, alleging that Konkel violated his eighth amendment rights by shooting him. The case proceeded to trial where …
Illinois Jail Conditions Suit States Claim by The court of appeals for the seventh circuit held a district court erred in dismissing a pretrial detainee's conditions of confinement suit for failure to state a claim under Fed.R.Civ.P. 12(b)(6). The court also held it was error to dismiss defendants not properly …
Article • May 15, 1997 • from PLN May, 1997
Racial Rioting Erupts in L.A. Jail by Two days of bloody fighting between black and Latino prisoners at Los Angeles County jails left 200 injured, 188 with serious wounds and 26 with minor scraps and bruises. Three deputies were also hurt in the eight incidents at the Pitchess Detention Center …
Article • May 15, 1997 • from PLN May, 1997
Matter of Fact by [Editor's Note: all of this month's facts were gleaned from one source: "Intended and Unintended Consequences: State Racial Disparities in Imprisonment," a January, 1997, report of The Sentencing Project. Copies of this 25-page report are available for $8 from: The Sentencing Project; 918 F St., NW, …
Article • May 15, 1997 • from PLN May, 1997
Democracy, Racism and Disenfranchisement by One in seven black men are currently or permanently prevented from voting because they are imprisoned or are ex-felons, according to a report released in January, 1997, by the Sentencing Project in Washington DC. There are an estimated 10.4 million voting age black men in …
Article • May 15, 1997 • from PLN May, 1997
New Jersey Prison Guard Recruiting for KKK by State and federal authorities launched an investigation in 1996 to probe the extent of the Ku Klux Klan involvement at New Jersey's Bay State Prison. On June 5, 1996, the New Jersey DOC fired Wayne Keller, 45, who was described by a …
Beating and Strip Cell Require Trial by The court of appeals for the tenth circuit held that beating a naked, handcuffed, non-resisting prisoner violates the eighth amendment; that placing a prisoner in a strip cell without blankets or heating violates the eighth amendment as well. The court also discussed when …
Article • April 15, 1997 • from PLN April, 1997
Racial Violence in California Lockups by Willie Wisely On Friday, September 27, 1996, rioting broke out among more than 200 black and Latino prisoners in New Folsom's B Facility. The violence lasted some 31 minutes with fighting on the yard, in the medical clinic, and in prison industries. Guards fired …
Article • April 15, 1997 • from PLN April, 1997
Law's Nature by Mumia Abu-Jamal "Laws grind the poor, and rich men rule the law." Oliver Goldsmith, The Vicar of Wakefield (1766) For many jailhouse lawyers, especially those new to the craft, there is a sort of "awe" that governs their study, contemplation and utility of the law. Like new …
Article • April 15, 1997 • from PLN April, 1997
Virginia Felons Disenfranchised by Virginia is one of 13 states that permanently revoke the voting rights of felons. As a consequence, nearly a quarter of a million Virginians, most of them black men, cannot vote. A Virginia newspaper, the Richmond Times-Dispatch, examined state police records to compile a report citing …
Article • December 15, 1996 • from PLN December, 1996
Black Prison Movements by Review by Daniel Burton-Rose This impressive offering from the Network of Black Organizers (NOBO) provides coverage of many of the issues confronting Black and New Afrikan prisoners and their outside communities. A large portion of the writings are by political prisoners and POWs past and present, …
Article • October 15, 1996 • from PLN October, 1996
Plaintiff Entitled to Respond to Qualified Immunity Defense by The court of appeals for the fifth circuit held a district court improperly dismissed a prisoner's civil rights complaint when it did not allow the plaintiff to respond to the defendants' qualified immunity defense. Donald Todd, a federal prisoner, filed suit …
Brief • October 14, 1996
Filed under: Racial Discrimination
Carter v. Benjamin, WA, Complaint, Racial Discrimination, 1996 P.4 509 734 7119 ,. ., 1 ,. ., 2 -3 "(l. rr". ".;(: -'.. ... 11.... '" - 4 5 IN THE SUPERIOR COORT OF mE STATE OF WASHINGTON 8 1 IN AND FOR THE COUNTY OF YAKIMA B 9 VICTOR …
New Jersey MCU Suit Settled by On December 22, 1995, the federal district court in New Jersey signed a settlement order dismissing a class action suit filed by prisoners in New Jersey's Management Control Unit (MCU). The plaintiff class in the suit was composed of all black prisoners in the …
Attorney Fees Awarded in Death Row Brutality Case by A federal district court in South Carolina awarded a prisoner's attorney $29,516.50 in attorney fees and $1,856.17 in costs pursuant to 42 U.S.C. § 1988. Cecil Lucas is a death row prisoner in South Carolina. After becoming drunk and combative with …
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