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U.S. Supreme Court to Review Cases by Washington Disc. Case On April 29, 1996, the US Supreme Court announced it would hear an appeal by Washington state prison officials involving a prisoner's challenge to the loss of good time during a prison disciplinary hearing. Jerry Balisok filed suit under 42 …
New York Work Release Creates Liberty Interest by A federal district court in New York held that prisoners retain a due process liberty interest in remaining in work release. Quentin Hollingsworth, a New York state prisoner, was participating in a work release and home furlough program while nearing the end …
Retaliation Claims Survive Sandin, but PI Reversed by The court of appeals for the ninth circuit has held that prisoner retaliation claims have survived the supreme court ruling in Sandin but that prisoners bear a heavy burden when seeking a preliminary injunction (PI) on a retaliation claim. In the December, …
Article • April 15, 1996 • from PLN April, 1996
Oklahoma Pre-Parole Status Creates Liberty Interest by The court of appeals for the tenth circuit has held that Oklahoma's pre-parole conditional supervision program creates a due process liberty interest which mandates a hearing before prisoner's can be removed from it. This case is significant because it was decided in the …
Prison Officials Can't Moot Law Library Suit by Transfer by The court of appeals for the ninth circuit has ruled that prison officials cannot moot a court's order for injunctive relief by transferring the prisoner plaintiff to another prison. It also held that issues not raised in parties' opening appeal …
Article • February 15, 1996 • from PLN February, 1996
Kidnapping and Extortion, Texas Style by Dan Pens In the dead of the night, they come to your cell. You wake up with a flashlight shining in your face. You hear the rattle of chains. "Roll 'em up, boy... you're goin' for a ride.' The next day you get a …
Article • February 15, 1996 • from PLN February, 1996
Colorado Prisoners Riot in Texas Jail by On page 13 of this issue of PLN we feature an article about 500 Colorado prisoners who were abducted from Colorado prisons and shipped to the Bowie County Jail in Texarkana, TX. The 500 Colorado prisoners have been fighting the move ever since, …
NC Prisoners Riot in Tennessee by On October 28, 1995, more than 100 North Carolina prisoners at the Corrections Corporation of America owned private prison in Mason, TN rioted, demanding to be returned to North Carolina. The prisoners smashed toilets and sinks and knocked a hole in a dormitory wall. …
$7,639.20 Awarded in Retaliatory Transfer by Afederal district court in Iowa awarded $7,639.20 in compensatory and punitive damages to a prisoner who was transferred from an Iowa state prison to Arizona in retaliation for suing and filing grievances against Iowa prison officials. The plaintiff, Alfonso Sisneros, was largely successful on …
Washington Court Access Suit Settled by Paul Wright In the April, 1994, issue of PLN we reported the filing of Scott v. Peterson which challenged numerous aspects of court access for Washington state prisoners. On October 31, 1995, most of the suit was settled and the settlement terms were effective …
Article • December 15, 1995 • from PLN December, 1995
Sending State Responsible for Legal Materials by The ninth circuit has agreed with other circuits, holding that when a state prisoner is transferred to another state, the sender is responsible for ensuring the prisoners' access to the courts. James Boyd is a Kansas state prisoner who was transferred to the …
Article • December 15, 1995 • from PLN December, 1995
Filed under: Classification
WI Court Upholds DOC Classification Policy by A Wisconsin state appeals court has upheld DOC rules which establish minimum periods that lifers are required to serve in maximum security prisons. The DOC rules assign each lifer to one of four security classifications, based on the prisoner's conviction, criminal history and …
Alaska Prisoners in Exile by Anthony Brown I would like to respond to a News in Brief segment of your February 1995 issue of PLN concerning the shipment of Alaska state prisoners to the Penal Detention Center [a private prison operated by the Corrections Corporation of America] in Florence, AZ, …
Article • November 15, 1995 • from PLN November, 1995
Filed under: Classification, Furloughs
TX Abolishes Furloughs by The Texas Department of Criminal Justice (TDCJ) administratively abolished furloughs for prisoners on July 1, 1995. In doing so it acted three months before a recently enacted state law eliminated all the furloughs, effective September 1, 1995. Under the state law only emergency furloughs are allowed. …
Article • October 15, 1995 • from PLN October, 1995
Worked to Death: OH Work Release Programs by Dan Cahill By Dan Cahill Many of us have been concerned about the possibility of abuse and tragedy in the unprotected use of prison labor. Over the past several years Ohio legislators have made it legal to market prison labor to private …
Article • October 15, 1995 • from PLN October, 1995
U.S. Supreme Court: Time on Bail Doesn't Count by The US supreme court has held that the time a defendant spends "released" on bail doesn't count towards completion of his/her sentence even if the "release" is under highly restrictive conditions that are tantamount to jail. Ziya Koray was charged with …
Article • May 15, 1995 • from PLN May, 1995
Prisoners as NAFTA Export? by Worried about the cost of California's new Three Strikes And You're In Law--recently made a constitutional amendment by the success of Prop 184? Some say it will bankrupt California as we convert the State into a 21st Century Gulag. The voters pamphlet conservatively predicted that …
Article • April 15, 1995 • from PLN April, 1995
Attorney Fees for Monitoring Consent Decree by In 1992 prisoners seeking to desegregate the Southern Ohio Correctional Facility (SOCF) in Lucasville, Ohio, entered into a consent decree with prison officials. Under the terms of the decree the cells at SOCF would be randomly integrated. After the April, 1993, rebellion at …
Article • January 15, 1995 • from PLN January, 1995
Conditions in Thai Prisons for US Prisoners by Reader Mail Right now there are 31 American women and approximately the same number of men incarcerated in Thailand prisons on drug charges. Justice and impartial legal representation are not part of the equation here. Trials take years; guilt is assumed upon …
Federal Crime Bill Passes by Paul Wright By Paul Wright In the October and November, 1993, issues of PLN, I wrote articles about the "anti-crime" proposals that had been submitted in the US Congress by democrats and republicans, respectively. I predicted then the most repressive aspects of both proposals would …
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