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Second Circuit Approves Disciplinary Hearing Surcharge by The court of appeals for the second circuit held that the imposition of a mandatory surcharge against prisoners found guilty of certain rule violations did not violate due process, that the failure to provide a hardship waiver for indigents did not violate equal …
NM Prisoners Refuse to Break Rocks by New Mexico state corrections chief Rob Perry announced a proposal in June 1997 to allow disciplinary segregation prisoners to reduce their seg time if they agree to break rocks with sledgehammers. The proposal may have had more to do with publicity than punishment. …
Article • November 15, 1997 • from PLN November, 1997
Civil Disabilities of Convicted Felon: A State-by-State Survey by Jon Marc Taylor By Jon Marc Taylor Under federal and various state laws, conviction of a felony has consequences that may continue long after the sentence has been served. Convicted felons may lose essential rights of citizenship, such as the rights …
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 …
Florida Paradox of Prisons, Politics and Profits by For the past three years the Florida state legislature has surfed the get-tough wave, enacting laws to clamp down on Florida's 65,000 state prisoners. They have enacted laws to remove weights and recreation equipment, eliminate funding for prison TV sets, and were …
Article • June 15, 1997 • from PLN June, 1997
Texas Sheriff Exploits Prisoner Labor by Lubbock county sheriff Sonny Keesee runs an auto repair shop with a twist. Most of its customers are sheriff's deputies. The mechanics are jail-detainees hand-picked for their mechanic skills. Andy Gentry, a Lubbock county sheriff's deputy, got the engine of his 1989 Toyota replaced …
America's Private Gulag by Ken Silverstein What is the most profitable industry in America? Weapons, oil and computer technology all offer high rates of return, but there is probably no sector of the economy so abloom with money as the privately-run prison industry. Consider the growth of the Corrections Corporation …
Massachusetts Prisoners Awarded Back Pay by A Mass. superior court judge ruled the state owes 2,253 current and former state prisoners about $1 million because they were not given a pay raise mandated by DOC regulations. In April 1991, new DOC regulations were issued that raised the top rate for …
Article • May 15, 1997 • from PLN May, 1997
Should Prisoners Have the Right to Strike? Some Union Leaders Say "Yes!" by Phil Wilayto Should Prisoners Have the Right to Strike? Some Union Leaders Say "Yes!" by Phil Wilayto On Feb. 17, 1997, the Executive Council of the AFL-CIO opened its annual mid-winter meeting in Los Angeles. As the …
Article • May 15, 1997 • from PLN May, 1997
California PIA Employees Lose Minimum Wage Suit by The court of appeals for the ninth circuit affirmed dismissal of a suit by California Prison Industrial Authority (PIA) prisoners who filed suit claiming they were entitled to the minimum wage under the Federal Fair Labor Standards Act (FLSA), 29 U.S.C. § …
Article • March 15, 1997 • from PLN March, 1997
Making Slave Labor Fly: Boeing Goes to Prison by Paul Wright With the repeal of welfare, some political opportunists and right-wing pundits are turning their sights on questions of law and order in general and prison "reform" in particular. They are starting to push Congress to impose the same solution …
Article • February 15, 1997 • from PLN February, 1997
New Plantation by Bill Dunne In the new world order, the ideological concerns that previously persuaded the capitalist ruling class to purchase social and labor peace with a comparatively generous social contract and high living standards no longer hold sway. The US ruling class will need to take drastic measures …
County Liable for Trustee's Work; No Remedy for Illegal Detention by The court of appeals for the fifth circuit held that a county was properly liable where it did not reimburse a jail detainee for work he performed on public property. The court also held that a pretrial detainee's work …
Second Circuit Rejects Prison FLSA Claim, Modifies Standard by [Editor's Note: The following article is the first of a three part series on prison slave labor. The other two articles will appear in the next two issues of PLN.] The court of appeals for the second circuit held that the …
Alleged Work Refusal Requires Trial by The court of appeals for the second circuit held that a district court erred when it disregarded a prisoner plaintiff's affidavit that he had not refused a work assignment. The court also declined to decide whether state prisoners have a federal liberty interest when …
Article • September 15, 1996 • from PLN September, 1996
Asbestos Exposure Violates Eighth Amendment by The court of appeals for the ninth circuit held that exposing prisoners to asbestos violates the eighth amendment. Clarence Wallis is an Oregon state prisoner assigned to a cleanup crew. His work detail was ordered to remove asbestos hanging off pipes, without any type …
Article • September 15, 1996 • from PLN September, 1996
Job Denial Based on HIV Status May Violate ADA by A federal district court in Florida held that a jail's denial of trustee status to an HIV+ prisoner would violate the Americans with Disabilities Act (ADA) 42 U.S.C. 12131. Johnnie Dean was held in the St. Lucie County jail when …
Muslim Can't Be Punished for Refusal to Handle Pork by The court of appeals for the eighth circuit held that a district court erred when it granted prison officials qualified immunity for punishing a Muslim prisoner who refused to handle pork. Roosevelt Hayes is an Arkansas state prisoner and a …
Article • July 15, 1996 • from PLN July, 1996
Minnesota Prisoners Strike for Minimum Wage by [The March 21 issue of Workers World reported that "a struggle exposing super-exploitation of prison labor has broken out at the Oak Park Heights Correctional Facility in Minnesota." The following account is excerpted from that article. Readers may note that Minnesota prisoners have …
No Right to Wages Under Interstate Compact by No Right to Wages under Interstate Compact The court of appeals for the eighth circuit held that neither the Interstate Corrections Compact nor Missouri state law required that Missouri prisoners held out of state be paid for their labor. Kenneth Jennings was …
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