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 …
Philadelphia Fined for Degrading City Prisons by A Philadelphia common pleas court panel fined the city $2.2 million for "degrading" conditions in the city's prisons. The judgment, passed down by a three judge panel in early October, 1996, was accompanied by a contempt of court citation for the city. The …
Third Circuit: PLRA Doesn't Apply to Mandamus by The court of appeals for the third circuit held that the filing fee provisions of the Prison Litigation Reform Act (PLRA) do not apply to writs of mandamus. Ronald Madden, a Tennessee state prisoner, filed a habeas corpus petition challenging his extradition …
Law Against Love by Mumia Abu-Jamal For several years now, MOVE political prisoner Chuck Africa, has had to do battle with Pennsylvania prison officials to obtain the most fundamental of human rights -- the right to visit with his wife, May 13th, 1985 bombing survivor and ex-political prisoner, Ramona Africa. …
The "Honorable Men" Defense by Mumia Abu-Jamal [Editor's Note: With this issue PLN welcomes its third quarterly columnist, Mumia Abu-Jamal, a political prisoner on death row in Pennsylvania.] "The noble Brutus hath told you Caesar was ambitious: If it were so, it was a grievous fault; And grievously hath Caesar …
Prisoners May Be Allowed to Lead Religious Services by A federal district court in Pennsylvania ruled that a prison rule prohibiting prisoners from leading religious services may be unconstitutional. Four Muslim prisoners in a Pennsylvania state prison filed suit challenging a prison rule which prohibited prisoners from leading religious services. …
Jail Detainee's Court Access Right Violated by A federal district court in Pennsylvania held that pretrial detainees retain a right of access to the courts. Charles Turiano, a PLN subscriber, filed suit under 42 U.S.C. § 1983 claiming his right of access to the courts was violated when he was …
IFP Status Not Available for Trivial Suits by The court of appeals for the third circuit has expanded the ability of district courts to dismiss suits filed in forma pauperis by indigents. This case epitomizes the maxim that bad cases make bad case law. Melvin Deutsch is a federal prisoner …
Criminal Conviction Inadmissible Evidence by A federal district court in Pennsylvania ruled in favor of a prisoner's motion in limine to prevent prison officials from introducing evidence about his criminal history to impeach his testimony. This ruling will prove useful to any prisoner litigating a civil rights claim as all …
Pennsylvania Prison Stormed by S T Last October, in the dead of night, Graterford Correctional Institution (GCI) prisoners were subjected without notice to an unprovoked assault by storm troops dressed in black, booted, many helmeted and all carrying clubs. [See: PLN, Dec '95] All GCI prisoners, suddenly awakened, were strip-searched, …
Stunned in Pennsylvania by Michael Crooker I am getting ready to file a tort claim lawsuit against the government for personal injury due to the reckless use of explosive bombs, AKA "Stun-Grenades" [against prisoners at FCI-McKean]. Does anyone know anything about these [stun-grenades] or can direct me to a case …
