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Article • February 15, 1999 • from PLN February, 1999
Dismissal with Prejudice for Failure to Exhaust; Prison Must Process Grievance within Time Limits by In an opinion of great importance to prisoners filing civil rights suits, the Fifth Circuit court of appeals has upheld a district court's dismissal with prejudice toward future in forma pauperis (IFP) filing of a …
Article • February 15, 1999 • from PLN February, 1999
Samuels v. Mockry Reversed Once Again by The court of appeals for the second circuit held that an issue of fact as to whether prison officials acted with a retaliatory animus when they placed a prisoner in the "Limited Privileges Program" (LPP), precluded summary judgment for the defendants. This is …
No Immunity for Forcing Disabled Prisoner to Work by The court of appeals for the Eighth circuit held that a prison guard was not entitled to qualified immunity from money damages for forcing a prisoner to perform work he was physically incapable of doing. Ramon Sanchez, a Missouri state prisoner, …
Article • January 15, 1999 • from PLN January, 1999
Georgia Prison Officials Take Taxpayers for a Long Ride by Georgia prison officials used $23,602 from state prison industries profits to attend a conference on prisons in Israel tied to the country's 50th anniversary celebration. DOC chief Wayne Garner defended the trip, saying he has been a" good steward of …
Article • January 15, 1999 • from PLN January, 1999
Arizona Jail Slave Labor Used to Stuff Ballot Envelopes by Prisoners at the Maricopa County Jail (home of "America's Meanest Sheriff") were used to stuff 400,000 envelopes with ballots for early voting in the 1998 elections. Maricopa County Elections Director Karen Osborne said that jail inmates received community service credit …
Texas Prisons Not Immune In Tort Claims Act Suits by A Texas appellate court held that the prison system and its employees are not entitled to common-law immunity, official immunity, or sovereign immunity for a claim under under the Texas Tort Claims Act (TTCA), Texas Civil Practice & Remedies Code …
Texas Prisons Subject to Civil Liability by ATexas appellate court has held that the prison system was subject to liability when a prisoner slipped and fell in a prison butcher shop. Doyle Dean Cobb, a Texas prisoner, filed a state lawsuit under the Texas Tort Claims Act, Texas Civil Practice …
Article • November 15, 1998 • from PLN November, 1998
State Audit Exposes VCE Mismanagement by Aweek after the Island of Dr. Moreau scandal broke, the Virginia Auditor of Public Accounts released an audit of Virginia Correctional Enterprises (VCE) covering the period between July 1, 1996 and May 11, 1998. The report said that VCE posted an operating loss of …
Article • November 15, 1998 • from PLN November, 1998
State Auditor Blasts Texas Correctional Industries by by Matthew T. Clarke The Texas State Auditor has issued a report on Management Controls at Texas Correctional Industries (TCI) concluding that its management controls are so poor TCI cannot fulfill its statutory mandates of training prisoners for post-incarceration jobs and reducing the …
Virginia Prisons 'Wide Open to Business' by Dan Pens Slave Labor Meets Hollywood In a warehouse near the Baltimore airport in 1997, California businessman Trek Kelly observed a supplier peeling tags off crates of merchandise. Later he found a tag that had been overlooked. A tag with the words "Virginia …
Article • October 15, 1998 • from PLN October, 1998
Filed under: Work, Prison Industries
Ohio Union Officials Protest Prison Labor by Ohio state prisoners performed 2.9 million hours of unpaid "community service" labor in 1997 at schools, fairgrounds, churches and other locations. But when the St. Clairsville, Ohio, Board of Education recruited unpaid prison labor in the construction of an outdoor classroom, representatives of …
Article • October 15, 1998 • from PLN October, 1998
Filed under: Work, Prison Industries
Texas State Symbol Sewn by Slaves by Designers of the Texas state flag meant for its red, white and blue colors to represent bravery, loyalty and purity. But the flag of the Lone Star state also represent modern-day prison slavery. For more than 20 years, female prisoners at the Hilltop …
UNICOR Worker Receives $928.32 for Lost Hand by The court of appeals for the Seventh Circuit held that a prisoner could bring a Bivens claim separate from any claim brought under a workers' compensation scheme. However, because the evidence of the prison officials' failure to protect did not rise to …
CA ADA/RA Injunction Affirmed by In the September, 1997, issue of PLN we reported Armstrong v. Wilson , 942 F. Supp. 1252 (ND CA 1996) where a federal district court held that the Americans with Disabilities Act (ADA), 42 U.S.C. § 12131-34 and the Rehabilitation Act (RA), 29 U.S.C. § …
ADA Applies to State Prisons by A federal district court for Pennsylvania held that the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12101-12213, applies to state prisons. This is the second recently published opinion in this case. The first, Saunders v. Horn , 959 F.Supp. 689 (ED …
ADA/RA Apply to FL Prison Gain Time Issues; Suit Settled by ADA/RA Apply To FL Prison Gain Time Issues; Suit Settled A federal district court in Florida held that the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C § 12101 et seq., and Rehabilitation Act of 1973 (RA), 29 …
Article • August 15, 1998 • from PLN August, 1998
Filed under: Work, Prison Industries
Convict Mine Labor in the Information Age by Dan Pens One hundred years ago the U.S. economy was in the heyday of its Industrial Age. Steel was king. Railroads, machine tools, heavy manu- facturing. All fueled by coal. Some of that coal was hacked out of the earth by companies …
Article • August 15, 1998 • from PLN August, 1998
CBCC Warden Fired in Telemarketing Hoopla by As part of the CBCC shake up that occurred over publicity of prisoner Parker Stanphil sending holiday cards to women whose addresses he obtained while employed at his Correctional Industries telemar-keting job, Clallam Bay Corrections Center (CBCC) superintendent Robert Wright was fired. In …
Article • August 15, 1998 • from PLN August, 1998
WA Prison Telemarketing Elicits Controversy - Again by Paul Wright In December 1997 and January 1998, statewide media attention spotlighted a "shocking" prison tele- marketing partnership between the Washington state Parks and Recreation Department and the Department of Corrections (DOC) Correctional Industries (CI). For two years prisoners at Clallam Bay …
Brief • August 10, 1998
Austin v. Hopper, AL, Judgment, Chain-Gang Claim, 1998 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE .... MIDDLE DISTRICT OF ALABAMA , MICHAEL A. AUSTIN, RICHARD ELLIOT, OGlE LEE HAYES, CHARLES ORLANDER GUESS, WARREN LEATHERWOOD, and KERVIN GOODWIN, Plaintiffs, v. Defendant. oJ . '" _ •• ) ) …
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