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Former Political Prisoner Settles Suit for $4.5 Million by On April 26, 2000, the city of Los Angeles, California and the federal government agreed to pay former political prisoner Geronimo Ji Jaga (formerly known as Elmer Pratt) $4.5 million to settle a wrongful imprisonment suit he had filed. Ji Jaga …
Retaliation Claim Requires Trial by The court of appeals for the Eighth circuit held that a trial was required to determine if a prisoner was retaliated against for exercising his right to religious freedom. The court also held that prisoners have no right to encourage other prisoners to file grievances …
Sheriff Liable for Inadequate Staffing and Refusing Medical Treatment to Assaulted Prisoner by The Tenth Circuit court of appeals held that a sheriff may be liable for insufficient jail staffing and refusing medical treatment to a prisoner who was beaten by other prisoners. Genaro Lopez was a prisoner in the …
The Lucasville Trials by Staughton Lynd [Editors' note: The identity of persons who provided information to the author confidentially has been withheld. ] On April 21, 1993, 407 prisoners who for eleven days had occupied the L cell block at the Southern Ohio Correctional Facility (SOCF) in Lucasville, Ohio, surrendered …
Article • March 15, 1999 • from PLN March, 1999
Pennsylvania Supreme Court Draws the Line on Jailhouse Snitches by In a highly unusual ruling, the Pennsylvania Supreme Court said that "luck or happenstance" is the only allowable means for prosecutors to obtain incriminating information through the use of jailhouse snitches. In a 4-2 decision, the court overturned a murder …
Article • June 15, 1998 • from PLN June, 1998
Descent Into Madness: An Inmate's Experience in the New Mexico State Prison Riot by Daniel Burton-Rose by Mike Rolland, 1997 If the 1971 rebellion at Attica typified the internal cohesion, strength, and political awareness of the U.S. prison movement in the late 60s and early 70s, the 1980 riot at …
Law on Strip Searches of Prison Visitors Clearly Established by The court of appeals for the second circuit held that the reasonable suspicion standard for strip searches of prison visitors is clearly established. However, the court decided that the defendants were entitled to qualified immunity based upon the facts. This …
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 …
Fear Alone Doesn't Violate Eighth Amendment: No Immunity for Retaliation by The court of appeals for the seventh circuit held that a prisoner's fear of being attacked, by itself, does not violate the eighth amendment. The court also held that prison officials who retaliate against prisoners who complain about prison …
FTCA Suit Not Barred by Prior Bivens Claim by In a case of first impression the court of appeals for the seventh circuit held that a plaintiff who files and loses a Bivens suit against federal officials is not automatically barred from filing a tort suit against the United States …
Criminal Prosecutors Get Their Day In Court by In March 1996, U.S. District court judge Sandra Brown Armstrong, in Oakland, California, dismissed "with prejudice,'' the criminal charges against four Dublin, California federal prisoners because of what she termed "serious misconduct" by prosecutors. On February 5, 1996, judge Armstrong issued a …
Departing Visitor Cannot Be Searched -- Strip Search Okay by In the February, 1995, issue of PLN we reported Spear v. Sowders, 33 F.3d 576 (6th Cir. 1994) in which the court of appeals for the sixth circuit held that both the strip search and the car search of a …
Retaliatory Transfer and Discipline Unconstitutional by The court of appeals for the eighth circuit affirmed an award of damages and attorney fees to an Iowa prisoner who was infracted and transferred after he cooperated with an investigation into guard misconduct. Robert Cornell was contacted in 1987 by DOC internal affairs …
No Immunity for Retaliatory Discipline by The court of appeals for the fifth circuit has reaffirmed that prison officials who retaliate against prisoners who exercise their constitutional rights are not entitled to qualified immunity. The court also held that district court orders refusing to dismiss pendent state law claims are …
Article • November 15, 1995 • from PLN November, 1995
OH Visitor Search Illegal by The Franklin County Court of Appeals in Ohio has held that an anonymous letter alleging drug smuggling by a prison visitor is insufficient to constitute "reasonable suspicion" which would authorize a strip search of the visitor. Terry Morris, the warden of the Chillicothe Correctional Institution, …
Article • September 15, 1995 • from PLN September, 1995
No Immunity for Visitor Searches by On March 3, 1989, a Kings County Assistant DA contacted the New York DOC's Inspector General (IG) and told him that he had received information that Joseph Varrone, a New York state prisoner, was involved in drug smuggling. More specifically, the DA claimed that …
Pelican Bay Ruling Issued by One prisoner publication hailed it as "A Moral Victory for Prisoners." The headline in a correctional trade magazine proclaimed "State Wins Pelican Bay Suit." Interpreting the 345-page Madrid v. Gomez opinion is difficult at best, and as shown by the contrasting headlines above, a reader's …
Visitor Search Held Illegal by Lenora Daugherty frequently visited her husband at the Turney Center, a Tennessee state prison. Prior to one of Daughertys visits a prison guard told the warden that he had received information that she was smuggling drugs into the prison. The warden also received two letters …
No Immunity for Visitor Strip Search by Tina Spear regularly visited her boyfriend, Daniel Wade, at the Northpoint Training center, a Kentucky state prison. Upon arriving for a visit on Christmas day in 1990 prison officials told her she would not be allowed to visit Wade unless she submitted to …
Prison Industries Supervisor Liable for Attack by Jay Holloway is a prisoner at the Iowa State Penitentiary (ISP). He was assigned to work in the prison industries building under the supervision of Ray Miller. While at work Holloway was attacked by four other prisoners who believed he had summoned a …
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