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Article • May 15, 1994 • from PLN May, 1994
Filed under: Crime/Demographics, Crime
Petty Drug Criminals Fill BOP by Attorney General Janet Reno ordered a study to determine if the growing use of mandatory minimum sentences was causing overcrowding in the federal prison system. The study, produced by former Deputy Attorney General Philip Heyman, the BOP and selected U.S. Attorneys, found that 16,316 …
Article • May 15, 1994 • from PLN May, 1994
Prisoner Litigants Have Right to Out of State Citations by Rick Petrick is an Oklahoma state prisoner. The sentence he is serving in Oklahoma was enhanced as a result of prior convictions from Minnesota and North Dakota. While confined at the Oklahoma State Penitentiary (OSP) he sought to bring collateral …
Article • May 15, 1994 • from PLN May, 1994
Prisoner Beating Filmed by The January 5, 1994, issue of the New York Times reported that two New York state DOC guards, Korey Gordon and Edward Sharrow, had been fired after they were caught on video tape brutally beating prisoner Jason McDade. McDade was handcuffed and not resisting when the …
Article • May 15, 1994 • from PLN May, 1994
Filed under: Sentencing, Good Time, Parole
ISRB Must Follow Own Rules by Charles Cashaw was a Washington state prisoner. He filed a Personal Restraint Petition (PRP, a state habeas petition) challenging the actions of the Indeterminate Sentence Review Board (ISRB) in setting a minimum prison term to coincide with his court imposed maximum sentence. The court …
Article • May 15, 1994 • from PLN May, 1994
Filed under: Crime/Demographics, Crime
Ask the Media if Crime pays, Then Who's Footing the Bill? by Dan Pens Ask The Media if Crime Pays, Then Who's Footing the Bill? By Dan Pens A recent survey by the Center for Media and Public Affairs shows that the three major networks aired more than twice as …
VT Class Action Suit by On December 13, 1993, lawyers from the National Prison Project of the American Civil Liberties Union, together with Vermont attorneyMitchell Pearl of Langrock, Sperry and Wool, filed a class action lawsuit against the State of Vermont on behalf of all Vermont prisoners. Filed in federal …
Article • May 15, 1994 • from PLN May, 1994
Consent Decree Creates Right to Uninspected Legal Mail by In 1976 prisoners at the Indiana State Reformatory in Pendleton, IN filed suit challenging the conditions at the prison. In 1977 the parties entered into a consent decree settling the suit. With respect to legal mail the decree provided that it …
Article • May 15, 1994 • from PLN May, 1994
NJ Prison "Emergency" 12 Years Old by On January 20, 1994, New Jersey governor Christie Whitman renewed a 12 year old "emergency" declaration that forces counties to keep more than 3,600 state prisoners in their jails and accept the state's payment rate. As earlier reported in PLN the New Jersey …
Article • May 15, 1994 • from PLN May, 1994
Filed under: Commentary/Reviews, Reviews
Book Review: Subpoena George Bush - The Anatomy of a Cover Up by John Perotti by John Perrotti Subpoena George Bush, by Aaron Caleb with Douglas Slaton, is the story of former Lucasville 14 member Richard Armstrong. For those unfamiliar with the Lucasville 14, they were fourteen prisoners confined at …
Article • May 15, 1994 • from PLN May, 1994
Slaves of the State by Paul Wright By Paul Wright Many people have the mistaken impression that slavery was outlawed or abolished in the United States after the civil war by the passage of the 13th amendment. Unfortunately, that was not the case. The 13th amendment reads: "Neither slavery nor …
Algerian Prison Break by On March 10, 1994, guerrilla fighters of the Islamic front attacked the Tazult prison in the rugged Aures mountains of Algeria. Four guards were wounded and seven kidnapped during the attack which lead to at least 400 prisoners escaping. During the attack one guard and five …
Phone Company State Actor for Section 1983 by Milton Griffin-El is a Missouri state prisoner. He filed suit against MCI Telecommunications Corporation and state prison officials over the phone company's practice of announcing to persons called by prisoners that the calls originated from a prison. The court upheld MCI's practice …
Article • May 15, 1994 • from PLN May, 1994
Prisoners Employed by PIA Seek Minimum Wages by Mark Merin By Mark Merin Prisoners who have worked for the California Prison Industries Authority ("PIA") have filed a lawsuit in the United States District Court in Sacramento to obtain minimum wage for their work (now $4.25 per hour) instead of the …
Article • May 15, 1994 • from PLN May, 1994
Filed under: Organizing, Voting
Lifers Vote in General Election by The Lifers' Group, Inc. of Massachusetts Correctional Institution at Norfolk, succeeded in providing all of the nearly 1,300 prisoners there the opportunity to register and vote in the 1993 November General Election. The group's leaders presented a petition to the Norfolk Town Clerk with …
Article • May 15, 1994 • from PLN May, 1994
Medical Claims Standards Discussed by Ronald Brewer is an Iowa state prisoner. He suffers from coronary artery disease. Employees of Correctional Medical Services (CMS), a contractor with the Iowa DOC, prescribed medicine for Brewer's illness but the treating doctor made an error in the dosage. Brewer filed suit claiming that …
Article • May 15, 1994 • from PLN May, 1994
OK State Courts Can Hear Prison Suits by Dennis Waldon is an Oklahoma state prisoner. He was infracted and punished in a prison disciplinary hearing resulting in the loss of one hundred days of good time credits. Waldon filed a writ of habeas corpus and/or mandamus in the Alfalfa County …
Article • May 15, 1994 • from PLN May, 1994
WA Civil Commitment Challenged by As reported in the December, 1993, issue of PLN the Washington state supreme court upheld the provisions of the Community Protection Act which mandates indefinite confinement of persons deemed to be "sexual predators" until such time as they are "cured." On January 25, 1994, nine …
Article • May 15, 1994 • from PLN May, 1994
Hearing Required Before Denial of IFP by Khalid Alexander is a Nevada state prisoner. He tried to file suit and requested in forma pauperis status in order to proceed without paying the normally required filing fees. The Nevada district court has a policy of requiring prisoners to pay a partial …
Article • May 15, 1994 • from PLN May, 1994
Qualified Immunity Hinges on All Relevant Law by While this is not a prison case we are reporting it because it is a Supreme Court ruling affecting qualified immunity defenses. Qualified immunity allows government officials to escape liability for money damages, even when they violate constitutional rights, as long as …
Prison Officials Can't Prevent Jailhouse Lawyers From Assisting Other Prisoners by Paul Gibbs is a Michigan state prisoner and jailhouse lawyer. He was placed in segregation in late 1990 for possessing contraband. On April 2, 1991, he was reclassified back to the general population. Due to a lack of bed …
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