U.S. Parole Commission Bound by Own Rules by The court of appeals for the Third circuit held that the U.S. Parole Commission (USPC) was bound by its own rules and erred in calculating a prisoner's parole eligibility date. Former CIA agent Edwin Wilson was convicted in 1982 of transporting firearms …
Dismissal Reversed for Determination Whether Prisoner Was Misled About Remedies by Dismissal Reversed for Determination Whether Prisoner Was Misled About Remedies The U.S. Third Circuit Court of Appeals reversed a Pennsylvania federal district court's dismissal of a state prisoner's suit. The court ruled that there was a substantial, disputed question …
Spina v. Kurtz, PA, Settlement, Civil Action Schuylkill County Prison, 2000 .. GENERAL RELEASE THAT MICHAEL ANDREW SPINA, for and in consideration of the sum of Ten Thousand ($10,000.00) Dollars, the receipt and sufficiency of which is hereby acknowledged, does hereby remise, release and forever discharge DAVID KURTZ, EUGENE BERNADIER, …
Spina v. Kurtz, PA, Denial of MSJ, Civil Action Schuylkill County Prison, 2000 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MICHAEL ANDREW SPINA, Plaintiff CIVIL ACTION ElLEDAPR J7~,UlJO v. DAVID KURTZ, et al., Defendants NO. 99-1611 Newcomer, S.J. March MEMORANDUM Presently before this Court is …
Third Circuit Evenly Split on PLRA Attorney Fee Cap by Circuit has barely upheld the constitutionallity of the Attorney Fee Cap Provision of the Prison Litigation Reform Act (PLRA) 42 U.S.C. § 1997e(d). Michael Collins brought suit alleging the defendants violated his constitutional rights when he was attacked by a …
Spina v. Kurtz, PA, Order, Civil Action Schuylkill County Prison, 2000 ,fc 1f je fl11et1 f-. .1,' u( fott- I £,( ( +r v c( 3 DO W1 . IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MICB~EL ANDREW SPINA, Plaintiff CIVIL ACTION v. DAVID KURTZ, …
Delay in Treating Injured Shoulder States Claim by A federal district court in Pennsylvania held that prison officials delaying treatment for a prisoner's dislocated shoulder states a claim under the Eighth amendment. On July 30, 1997, Daniel Petrichko, a Pennsylvania state prisoner, dislocated his shoulder when another prisoner pushed him …
A Matter of Law by Mumia Abu-Jamal By Mumia Abu-Jamal Law is simply politics by other means& - David Kairys, Legal Reasoning When one looks at public projections of police in the corporate and entertainment media, one thinks of someone who is sworn to follow (as opposed to breaking) the …
Warden Purged of Contempt by In the August, 1999, issue of PLN we reported Hall v. Stone, 170 F.3d 706 (7th Cir. 1999) in which Bureau of Prisons (BOP) warden John Farello was held in contempt of court for failing to pay a prisoners' PLRA filing fee. In this ruling …
Racial Segregation in Double Celling Unconstitutional by A federal district court in Pennsylvania held that the creation of racial segregation for double-cell assignment may be unconstitutional even if the classification policy specifically forbids such segregation in cell assignments. Seifuddin M. A. Simpson, a Pennsylvania state prisoner, brought suit under 42 …
Media Interview Protected Free Speech by A federal district court in Pennsylvania held that the transfer of a prisoner for his participation in a pre-authorized media interview and his subsequent correspondence with the newspaper reporter violated the prisoner's constitutional rights. Prison officials were denied qualified immunity and the prisoner was …
Pro Se Pennsylvania Prisoner Awarded $100,000 in Guard Attack by On February 25, 1999, a federal jury in Harrisburg, Pennsylvania awarded state prisoner Gerald Henderson $100,000 in compensatory and punitive damages stemming from an attack by prison guards. On March 29, 1995, while imprisoned at SCI-Rockview, Henderson was using the …
Prisoners Have First Amendment Right to Private Conversations with Their Attorneys by Prisoners Have First Amendment Right to Private Conversations With Their Attorneys A federal district court in Pennsylvania held that prisoners have privacy and free speech rights to private conversations with their attorneys. Pennsylvania state prisoners incarcerated on death …
Third Circuit Holds 28 USC § 1915(g) Does Not Apply Retroactively by Third Circuit Holds 28 USC § 1915(g) Does Not Apply Retroactively The court of appeals for the Third circuit held that 28 U.S.C. § 1915(g) does not allow courts to revoke the In Forma Pauperis status of litigants …
BOP Warden Held in Contempt for Failure to Forward PLRA Filing Fee by The court of appeals for the Seventh circuit held that prison wardens are responsible for ensuring Prison Litigation Reform Act (PLRA) filing fees are transmitted from the trust accounts of prisoners to the courts. Wardens who fail …
First Amendment Guarantees Kosher Meals by The court of appeals for the Third 1 Circuit held that under the First Amendment, prison officials must provide Jewish prisoners with a diet sufficient to sustain them in good health without violating kosher laws. However, the food need not be hot, nor even …
Physical Injury Rule Applied to Pre-PLRA Asbestos Exposure by The court of appeals for the Third Circuit held that a prisoner does not have a cause of action, under 42 U. S. C. section 1983, for damages for emotional distress caused by exposure to asbestos, without proof of physical injury. …
PLRA Consent Decree Termination Provision Upheld by 2nd and 3rd Circuits by The courts of appeal for the Second and Third circuits have upheld the consent decree termination provisions of the Prison Litigation Reform Act (PLRA) against a wide array of constitutional challenges. In the July, 1998, issue of PLN …
Imminent Danger Overrides Three Strikes by The court of appeals for the Third Circuit held that conditions allegedly resulting from a vent emitting particles of dust and lint into a cell constitute a serious physical injury for purposes of circumventing the "three strikes" provision of the Prison Litigation Reform Act …
Pennsylvania Brutality Suit Settled for $5,000 by In June, 1998, the Lancaster County prison in Lancaster, Pennsylvania, settled a brutality suit with former prisoner Ruben DeJesus by paying him $5,000 in damages and waiving 4,180 in prison rent and $1,128.23 in medical costs. DeJesus filed suit after being beaten by …
