Cases of Interest From the U.S. Supreme Court's 1997-98 Term by Forfeitures: In a federal criminal case the supreme court held that the Excessive Fines clause of the Eighth amendment prohibits "grossly disproportionate" forfeitures of funds. The court held that forfeitures are "fines'' if they are punishment for a crime. …
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 …
$13,501 Jury Award in Seg Case Affirmed; New Trial Denied by A federal district court in Pennsylvania denied defendants' motion for a new trial or to remit a jury's damage award of $13,501 to a wrongfully segregated prisoner. Jerry Wilson, a federal prisoner awaiting sentencing at a city jail, was …
Whitewash in Greene County by Mumia Abu-Jamal "There's an atmosphere created by (prison officials) in which this kind of thing has been going on for years. The attitude is, 'you're in Greene County now, boy.'" -- Randy Gauger, PA Prison Society, Eayette-Greene Chapter, ( PGH Post-Gazette , 4/26/98) Ahandcuffed man …
U.S. Supreme Court Rules That ADA Applies to Prisoners by Paul Wright By Paul Wright On June 15, 1998, a unanimous United States supreme court held that the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132, applies to prisoners. In doing so the court resolved a split between the …
Pennsylvania Consent Decree Clarified by Afederal district court in Pennsylvania held that a consent decree was applicable only to prisoners confined to six prisons named therein. The court further held that violations of the decree could be considered by the court in contempt proceedings. However, the court would only entertain …
PA County Medical Co-Payment Constitutional by The court of appeals for the third circuit held that a program charging prisoners a small ($3-$5) fee when they sought medical care, is not per se unconstitutional, nor as implemented, under the eighth amendment. The court further held that the program is not …
Denial of Counsel Reversed by The court of appeals for the third circuit held that a district court abused its discretion in refusing to appoint counsel to an indigent pro se prisoner litigant. Paul Parham, a Pennsylvania state prisoner, filed suit after receiving inadequate medical treatment for tinnitus (ringing in …
Prior Dismissals Count as Strikes by The court of appeals for the third and ninth circuits joined the fifth, seventh and tenth circuits in holding that 28 U.S.C. § 1915(g) applies to cases dismissed before the PLRA's April 26, 1996, enactment. Section 1915(g) prohibits prisoners from proceeding with in forma …
PA DOC Not 'Victim' for Restitution Purposes by A Pennsylvania court of appeals held that the DOC was not a "victim" for restitution purposes and that prison expenditures on health care for a murdered prisoner were not compensation reimbursable to the DOC under a restitution statute. Three Pennsylvania state prisoners …
BOP Sentence Reductions Cannot Be Denied Based Upon Firearm Enhancements by The court of appeals for the third circuit held that the Federal Bureau of Prisons (BOP) cannot use a firearm enhancement under the Sentencing Guidelines, by itself, as the basis for declaring a prisoner ineligible for a statutorily authorized …
Third Circuit Applies ADA to Prisoners; Supreme Court Grants Review by The court of appeals for the third circuit held that the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101, applies to state prisoners. The supreme court later granted review to decide whether the ADA applies to state prisoners. …
Chladek v. Pennsylvania, Discovery Order, Parole Officer Excessive Force, 1998 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MICHAEL B. CHLADEK and MARIE CHLADEK v. COMMONWEALTH OF PENNSYLVANIA, et al. : : : : : : CIVIL ACTION NO. 97-0355 MEMORANDUM AND ORDER HUTTON, J. March …
Doing Life: Reflections of Men and Women Serving Life Sentences. Portraits and Interviews by Dan Pens by Howard Zehr Book Review by Dan Pens What does it mean to face a life prison sentence? That question holds a unique meaning in Pennsylvania, where more than 3,000 men and women are …
3rd Cir. Applies 'Imminent Danger' Exception to PLRA 3 Strikes by The court of appeals for the third circuit held that a district court erred when it dismissed a prisoner's In Forma Pauperis (IFP) suit because three prior suits had been dismissed, when the instant suit claimed the plaintiff was …
Administrative Exhaustion Required for Disc. Habeas by The court of appeals for the third circuit held that federal prisoners who challenge disciplinary hearings via habeas corpus must first exhaust their administrative remedies within the Bureau of Prisons (BOP) and failure to do so will result in procedural default. Phillip Moscato, …
In Defense of Mumia by Daniel Burton-Rose Review by Daniel Burton-Rose This work, edited by S.E. Anderson and Tony Medina, is a powerful compilation of graphic art, prose, and poetry inspired by political prisoner Mumia Abu-Jamal's struggle for freedom from PA's death row, the 1985 bombing of the radical MOVE …
Death Blossoms by Mark Cook Review by Mark Cook Mumia Abu Jamal's Death Blossoms walks the reader through a hallway of mirrors reflecting the thoughts of a prisoner of conscience contending with the oppressive diversion of a death sentence. Death Blossoms evades the State's attempt to silence him. In an …
BOP Owes Duty of Care to Prisoners by The court of appeals for the third circuit held that the Bureau of Prisons (BOP) owes federal prisoners a duty of care and that a district court erred in ruling otherwise. Rother Jones is a federal prisoner who filed a negligence suit …
Relation Back Period Suspended during IFP Application by The court of appeals for the third circuit held that the 120 day period allowed for amending complaints under Fed.R.Civ.P. 15(c) is suspended while a district court makes an In Forma Pauperis (IFP) determination under 28 U.S.C. § 1915. Donald Urrutia, a …
