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Article • October 15, 1998 • from PLN October, 1998
Utah Porn Ban Rescinded; Suit Settled by In 1997 Utah prison officials wrote a policy which prohibited prisoners in that state from ordering, receiving or possessing any written or printed materials that contained "sexually explicit materials." The policy also prohibited prisoners from receiving or possessing any written or printed materials …
Article • September 15, 1998 • from PLN September, 1998
Publications Lawsuit Settled in Alabama by Cayce Moore On February 28, 1998, U.S. district judge U.W. Clemon approved the final settlement in a lawsuit challenging a year of blanket censorship at Donaldson Correctional Facility (DCF), Alabama's highest security prison. In March, 1997, DCF warden Steve Dees implemented a policy that …
Strip Searched Massachusetts Women Settle Suit for $80,000 by On December 12, 1997, the Massachusetts DOC settled a lawsuit filed by women prisoners for a total of $80,000 plus attorney fees. The class action suit was filed in Suffolk county superior court on behalf of 112 female prisoners by Massachusetts …
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/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 …
Probable Cause Required for Visitor Body Cavity Search by A federal district court in Utah held that prison officials must have probable cause and a valid search warrant before subjecting a prison visitor to a body cavity search. Stana Laughter is married to a Utah state prisoner. Laughter visited her …
Article • August 15, 1998 • from PLN August, 1998
WI Guard Settles Discrimination Suit for $105,000 by Ablack prison guard who filed a discrimination suit against the Wisconsin Department of Corrections agreed to a $105,000 settlement in December, 1997, shortly after a U.S. district court judge ruled the case would go to trial. An unusual term of the settlement …
DC Women Prisoners' Suit Settled by In the December 1995, June 1996 and September 1997 issues of PLN we reported the saga of Womens Prisoners of the District of Columbia DOC v. District of Columbia , which is cited in 877 F.Supp. 634, 899 F.Supp. 659, and 93 F.3d 910, …
Article • March 15, 1998 • from PLN March, 1998
Pelican Bay $600,000 Wrongful Death Settlement by California taxpayers coughed up another $600,000 to settle a use-of-force lawsuit at Pelican Bay State Prison. The biggest chunk of the award goes to the family of Jesse Castillo, who was shot and killed by guards while engaged in a fistfight on Pelican …
Article • March 15, 1998 • from PLN March, 1998
Zain Fallout Continues by Fred Zain was a crime lab serologist, who tested evidence for the West Virginia state police from 1979 to 1989, and was chief of serology his last five years. During that time Zain falsified evidence and testified about the results of tests he never performed. In …
Article • February 15, 1998 • from PLN February, 1998
New York Prisoner Settles Excessive Force Case for $25,000 by Michael Slater, a New York State prisoner, will receive $18,000 in settlement of an excessive force civil rights claim against two guards at Clinton Correctional Facility in Dannemora, New York. The settlement also provides for an additional $7,000 in attorney …
Montana Paying for 1991 Prison Uprising by The state of Montana agreed to pay $60,000 to the parents of a prisoner killed during a 1991 uprising at the maximum security Deer Lodge prison. It was the second settlement among 13 state court cases filed against prison officials. In January 1995, …
Lucasville Uprising: $4.1 Million Settlement by In January, 1997, a settlement was filed in federal court in the three-year-old class action based on injuries stemming from the 1993 Easter Day uprising and 11-day siege at the Southern Ohio Correctional Facility (SOCF) at Lucasville, OH. The settlement establishes a $4.1 million …
Massachusetts Prisoners Awarded Back Pay by A Mass. superior court judge ruled the state owes 2,253 current and former state prisoners about $1 million because they were not given a pay raise mandated by DOC regulations. In April 1991, new DOC regulations were issued that raised the top rate for …
Article • May 15, 1997 • from PLN May, 1997
Moors Settle with Indiana DOC by As a result of more than 15 years of struggle and litigation, the Moorish Science Temple and the Indiana Department of Corrections entered into a settlement agreement stemming from a suit filed by Granville Radford-Bey and Spencer Caldwell-Bey. On August 30, 1996, the Moors …
TRO Granted in DC Smoking Suit by A federal district court in the District of Columbia granted a Temporary Restraining Order (TRO) requiring non-smoking D.C. prisoners to be moved to non-smoking quarters and for D.C. DOC officials to enforce prison no smoking policies by disciplining guards and prisoners who violate …
Article • April 15, 1997 • from PLN April, 1997
Louisiana Jail Abuse Settlement by Iberia Parish, Louisiana, reached an agreement December 2, 1996, with the U.S. Department of Justice (DOJ) to settle a lawsuit alleging prisoner abuse in the parish jail. The suit was filed by the DOJ in June, 1996, against then-sheriff Errol Romero and then jail warden …
Pierce County (Tacoma) Jail Suit Settled by In the February, 1995, issue of PLN we reported the filing of Herrera v. Pierce County, a class action suit challenging overcrowding and various other unconstitutional conditions at the Pierce County jail in Tacoma, Washington. The suit was settled in mid 1996 in …
Article • February 15, 1997 • from PLN January, 1997
Washington Religious Name Retaliation Suit Settled by In the July, 1996 and August, 1994, issues of PLN we reported Malik v. Brown, 71 F.3d 724 (9th Cir. 1995) and 16 F.3d 330 (9th Cir. 1994), in which Washington state prisoner, and PLN supporter, Dawud Malik was punished by prison officials …
Article • November 15, 1996 • from PLN November, 1996
WSR Smoking Suit Settled by In 1991 prisoners at the Washington State Reformatory (WSR) in Monroe, WA, filed suit challenging their forced exposure to Environmental Tobacco Smoke (ETS), AKA second hand smoke. On February 13, 1996, the suit was settled. The essence of the settlement was that WSR would implement …
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