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No Immunity for Failing to Protect Murdered Informant; Correctional Industries Employees Are State Actors by No Immunity for Failing to Protect Murdered Informant; Correctional Industries Employees Are State Actors The Sixth Circuit Court of Appeals held that prison officials were not entitled to qualified immunity for failing to protect a …
Florida Prisoner Sues for Contracting HIV by David Reutter by David M. Reutter Florida prisoner Richard James Randles filed simultaneous state and federal lawsuits alleging guard B.D. Hester ordered him, on three separate occasions, to clean up blood from other prisoners who had accidentally wounded themselves or attempted suicide at …
Article • December 15, 2002 • from PLN December, 2002
Furniture Makers Challenge UNICOR by Gary Hunter The Coalition for Government Procurement brought charges against the Federal Prison Industries alleging nine violations of the Administrative Procedures Act between 1991 and 1995. Legislation on this topic had been pending for several years. On August 18, 2001 the U.S. District Court for …
Article • December 15, 2002 • from PLN December, 2002
Filed under: Work, Prison Industries
Private Employer Must Pay $841,000 Back Wages to 167 California Prisoners by John E Dannenberg ( A San Diego California Superior Court judge ordered CMT Blues, a garment manufacturer, to pay 167 prisoners it had employed at the R.J. Donovan Correctional Facility state prison to pay $841,000 in back wages …
Article • November 15, 2002 • from PLN November, 2002
Supreme Court Holds No Immunity for Alabama Hitching Post by David Reutter by David M. Reutter The U.S. Supreme Court has reversed an Eleventh Circuit Court of Appeals ruling that held government officials are entitled for qualified immunity unless there exists previous case law that is "materially similar" to the …
PLRA Attorney Fee Cap Applies to Fees on Fees by John E Dannenberg by John E. Dannenberg In a case of first impression, the Fifth Circuit US Court of Appeals ruled that the Prison Litigation Reform Act (PLRA) fee cap limiting recovery of a prevailing prisoner plaintiff's attorney fees to …
Article • November 15, 2002 • from PLN November, 2002
$32,500 Florida Jail Accident Settlement by On October 30, 2001, the Broward County jail in Ft. Lauderdale, Florida, settled a prisoner's work accident suit for $32,500. Edward Beal, 47, a prisoner at the county jail was assigned to a jail work program at the Dania Beach facility. While cutting trees, …
Article • October 15, 2002 • from PLN October, 2002
Mexican Sweatshops Go Behind Bars by Michael Rigby For years U.S. citizens have screamed about losing jobs to cheap overseas labor. Now it seems that U.S. prisoners are in danger of losing jobs to even cheaper prison labor in Mexico. In an effort to stimulate its economy, Mexico is allowing …
Article • October 15, 2002 • from PLN October, 2002
Filed under: Work, Prison Labor
German Economics Minister Comments on U.S. Prison Labor by In February 2002, German economics minister Werner Mueller was questioned by reporters about Germany's unemployment rate, which is over 10%. Many observers believed that Germany's unemployment rate hurt the reelection chances of German chancellor Gerhard Schroeder. Mueller responded that Germany's unemployment …
PLRA Allows California Religious Preliminary Injunction by David Reutter by David M. Reutter The Court of Appeals for the Ninth Circuit has upheld the grant of a preliminary injunction to California Muslim prisoners .See: Mayweathers v. Terhune, 136 F. Supp. 2d 1152 (E.D. Cal. 2001). Prison officials appealed the injunction …
Article • September 15, 2002 • from PLN September, 2002
Louisiana's Administrative Remedy Procedure Unconstitutional by by Matthew T. Clarke The Supreme Court of Louisiana has declared that the Corrections Administrative Remedy Procedure (CARP), La.Rev.Stat. 15:1171-1179, when applied to tort claims, violates article V,16 of the Louisiana constitution. Michael Wayne Pope, a Louisiana state prisoner, was severely injured on his …
Article • August 15, 2002 • from PLN August, 2002
Nevada Juvenile Road Accident Kills Six, Settles for $3.5 Million by Six Nevada teenagers in a juvenile offender program working to pay off fees and restitution in lieu of doing time in a detention center were struck and killed in March 2000 as they picked up trash on a freeway …
Article • July 15, 2002 • from PLN July, 2002
Filed under: Work, Prison Labor
Texas Slavery Upheld Again by The court of appeals for the Fifth circuit held that the Thirteenth amendment does not forbid the forcible enslavement of prisoners and a statutory gap in Texas law was inconsequential when a prisoner claimed statutory authority was required for prison slavery. Ahmad Ali, a Texas …
U.S. Cited for Human Rights Violations by Gary Hunter ( On May 15, 2001, at a human rights conference in Geneva, the United States was denounced for its inhumane and discriminatory practices. Amnesty International and the U.N. Committee Against Torture cited the U.S. for oppressive tactics by both public law …
Illinois Court Reduces Prisoner's Eye Injury Award to $850,000 by The United States District Court for the Central District of Illinois has denied a motion for a new trial by an Illinois Department of Corrections (ILDOC) physician but granted remittitur of both the compensatory and punitive damages awards given to …
Article • April 15, 2002 • from PLN April, 2002
Florida's Prisoner Indigency Statute Unconstitutional by The Florida Supreme Court, in two separate cases, has held that Florida's Prisoner Indigence Statute (PIS) is unconstitutional, and ordered reinstatement of cases dismissed for failing to comply with PIS. Prisoner Douglas M. Jackson, Sr., filed a writ of mandamus seeking to compel the …
Article • March 15, 2002 • from PLN March, 2002
Filed under: Work, Prison Industries
Prison Coffee and Games: Starbucks and Nintendo Admit Their Contractor Uses Prison Labor by Erica C Barnett by Erica C .Barnett Most people assume that prisoners, especially those convicted of felonies like rape and murder, spend their days stamping license plates, making furniture for state offices, and digging ditches along …
Idaho's Prison Labor Scandal by Silja JA Talvi by Silja J.A. Talvi Over the past decade, Idaho's state prison system has been rocked by a steady stream of scandals ranging from the sexual abuse of prisoners to the violation of prisoners' First Amendment rights. But nothing has shaken the Idaho …
Hitching Post Unconstitutional by David Reutter The Court of Appeals for the Eleventh Circuit has held that handcuffing a prisoner to a hitching post for prolonged periods violates the Eighth Amendment, but granted guards qualified immunity. Alabama prisoner Larry Hope was assigned to the chain gang at Limestone Correctional Facility …
Article • March 15, 2002 • from PLN March, 2002
$6,000 for Amputated Ring Finger by $6,000 for amputated ring finger In the Summer of 1993, Donnie Hayes was confined at the McNeil Island Corrections Center (MICC), near Steilacoom, Washington. He was assigned to work in the MICC kitchen. On July 21 of that year, MICC kitchen staff instructed Mr. …
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