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Full Court Overrules Clarke v. Stalder in Part by The court of appeals for the Fifth Circuit, sitting en banc, vacated the original panel decision in Clarke v. Stalder, 121 F.3d 222 (5th Cir. 1997), on rehearing. The majority opinion held that a prisoner was precluded from bringing a claim …
Parole Officer Recommendation Not Protected by Absolute Immunity by Parole Officer Recommendation Not Protected by Absolute Immunity The court of appeals for the second circuit held a parole officer who recommended that a warrant be issued for a parolee's arrest was not entitled to absolute imunity. John Scotto, a felony …
Human Rights Report Details Women in Prison by A recent report from the group Human Rights Watch, titled Nowhere to Hide: Retaliation Against Women in Michigan State Prisons , charges both that Michigan holds female prisoners in horrid conditions and that women who challenge these conditions are subject to retaliation …
Felony Trial for Planted Knife Is Malicious Prosecution by Felony Trial for Planted Knife is Malicious Prosecution In an unpublished opinion, the Tenth Circuit held that a felony prosecution for possession of a knife planted by a guard in a prisoner's cell in retaliation for complaining about the guard was …
Threats to File Grievances Protected by Afederal district court in New York held that the existence of a genuine issue of material fact as to whether a prison guard had battered a prisoner in retaliation for the prisoner's threat to file a grievance on the guard, precluded summary judgment on …
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 …
Article • January 15, 1999 • from PLN January, 1999
California Parolee Gag Order Lifted by The California Department of Corrections (CDC) admits it made a mistake when one of its agents tossed a parolee in jail for refusing to sign off on a parole condition banning him from talking to the media. Arthur Putney, 52, was jailed after parole …
Article • December 15, 1998 • from PLN December, 1998
Movant Bears Summary Judgment Burden by The court of appeals for the Second Circuit held that the party moving for summary judgment bears the burden of showing it is entitled to judgment and a district court erred in dismissing a prisoner's court access claims. The court also held that the …
Georgia Brutality Suit Settled for $283,500 by In a brief hearing on April 23, 1998, U.S. district judge Harold Murphy finalized an agreement that allowed 14 prisoner plaintiffs and their attorneys to receive $283,500. After approving the settlement judge Murphy was quoted as saying, "The settlement is fair, responsible and …
Corcoran Prison Sex, Lies, and Videotape by Willie Wisely by W. Wisely Iheard yelling and screaming. I heard batons hitting," Connie Foster told California lawmakers at a joint legislative hearing into brutality at Corcoran prison July 28, 1998. Foster, who worked at the prison from 1987 to 1996, spoke quietly …
Administrative Exhaustion by Administrative Exhaustion: A federal district court in California held that prisoners filing suit under 42 U.S.C. § 1983 must first exhaust administrative remedies under 42 U.S.C. § 1997e(a). A California prisoner sued for money damages and declaratory relief after he was removed from a prisoner advisory council. …
Two Year Limitations on Illinois § 1983 Suits by The court of appeals for the seventh circuit held that a district court erred in dismissing a prisoner's lawsuit because it had miscalculated the statute of limitations. The court also held that 28 U.S.C. § 1915(g), the "Three Strikes" provision of …
U.S. Supreme Court Reverses Reed by In the July, 1998, issue of PLN we reported Reed v. State Ex Rel Ortiz , 947 P.2d 86 (NM 1997) where the New Mexico state supreme court affirmed a lower court ruling that granted asylum to former prison activist Timothy "Little Rock" Reed. …
New Mexico S.Ct Grants Asylum to Little Rock Reed by Timothy Reed, better known as Little Rock Reed, fled from Ohio parole authorities in 1993, ending up in new Mexico. Ohio filed extradition papers with New Mexico authorities, expecting Reed to be apprehended and returned to their custody. The New …
California Whistleblowers Silenced, Punished by Two California prisoners, suspected of tipping reporters to a controversial story inside the R.J. Donovan Correctional Facility near San Diego, were placed in administrative segregation (aka "the hole") and later transferred to other prisons. A San Diego television station reported in September, 1997, that workers …
U.S. Supreme Court Rejects Heightened Pleading Standards for Intent Based Claims by Paul Wright By Paul Wright On May 4, 1998, the United States supreme court held that civil rights plaintiffs do not have to meet a heightened standard of pleading when filing suit against government officials. Lawsuits alleging an …
PLN Writer Exiled by CCA by PLN Writer Exiled by CCA Alex Friedmann is a prisoner and a journalist. Until recently he also warmed a for-profit bunk at the Corrections Corporation of America's (CCA) South Central Correctional Facility in Clifton, Tennessee. That is, until his corporate warders decided that Alex …
Discriminatory Policy Enforcement Actionable by The court of appeals for the eighth circuit held that the discriminatory enforcement of prison policies is actionable as an equal protection violation. William Foster is a black Missouri state prisoner. A prison policy required that all electronic equipment be bought from the prison commissary. …
Article • June 15, 1998 • from PLN June, 1998
Spokane County Corrections Officials Accused of Cover-up by An independent counsel hired by Spokane County, Washington, says that top officials at the county's Geiger Corrections Center wrongly fired a former guard and then conspired to falsify evidence so the firing would stick. The guard, Sandra "Sunny" Pilkington, was fired for …
Louisiana DOC Defiance Rule Unconsitutional by The court of appeals for the fifth circuit held that the Louisiana DOC rule prohibiting "defiance" was facially invalid to the extent that it proscribes prisoners from threatening prison employees "with legal redress during a confrontation situation." The court also held that habeas corpus …
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