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Morrissey Protections Required for WA Community Custody Revocation
Article • January 15, 2001 • from PLN January, 2001
Filed under: Sentencing, Parole
Morrissey Protections Required for WA Community Custody Revocation by In a case of first impression, the Washington state court of appeals held that an individual facing community custody revocation is entitled to the procedural protections established in Morrissey v. Brewer, 408, U.S. 471, 92 S.Ct. 2593 (1972), but that counsel …
DC Prisoners Sue VA Over Restraints
Article • January 15, 2001 • from PLN January, 2001
Filed under: Conditions of Confinement, Clothing, Strip Cells, Guard Brutality/Beatings, Restraints
DC Prisoners Sue VA Over Restraints by Since 1998, about 1,200 District of Columbia prisoners have been caged at the Sussex II highsecurity state prison in Virginia when D.C. closed its aging Lorton Correctional Complex. On August 29, 2000 a class action lawsuit filed on behalf of those prisoners claims …
University Cancels Sodhexo-Marriott Contract
Article • January 15, 2001 • from PLN January, 2001
Filed under: Corrections Corporation of America/CoreCivic, Organizing, Food
University Cancels Sodhexo-Marriott Contract by Students from Evergreen State College in Olympia, Washington, declared victory August 14, 2000 in a two month struggle to keep a catering company with ties to the forprofit prison industry from taking over the school's food service contract. In July, school administrators announced that the …
PLN v. WA DOC, WA, Show Cause Order, Public Records - Employee Death, 2001
Filing • January 10, 2001
Filed under: Wrongful Death, Public Records Act
PLN v. WA DOC, WA, Show Cause Order, Public Records - Employee Death, 2001 I /\ I 2 3 4 IN THE SUPERJOR COURT OF THE STATE OF WASHING TON IN AND FOR THE COUNTY OF THURSTON 5 6 7 PRJSON LEGAL NEWS, INC., a Washington non-profit corporation, No. 00-2-00432-7 …
WA 35% Seizure Statute Ruled on by Ninth Circuit
Article • December 15, 2000 • from PLN December, 2000
Filed under: Seizure of Prisoner Funds, Tax Law, Federal Statutory Law, ERISA, Marriage
WA 35% Seizure Statute Ruled on by Ninth Circuit by Paul Wright By Paul Wright The court of appeals for the Ninth circuit upheld the constitutionality of a Washington state statute that allows the Washington Department of Corrections (DOC) to seize 35% of all money sent to prisoners from sources …
Fired Washington Parole Officer Wins $250,000 Settlement
Article • December 15, 2000 • from PLN December, 2000
Filed under: DOC/BOP misconduct, Retaliation against Staff, Victims, Settlements, Parole, Immunity/Liability, Parole Liability, Employee Litigation
Fired Washington Parole Officer Wins $250,000 Settlement by Washington state parole officer Barbara A. Nelson was fired in 1998 after the state was hit for more than $6.4 million to pay off lawsuits alleging negligence for her failure to property supervise parolees. Three men whose cases Nelson handled killed three …
Controversy Surrounds Letourneau Tape
Article • December 15, 2000 • from PLN December, 2000
Filed under: DOC/BOP misconduct, Attorney Client, Telephones, Attorney Calls
Controversy Surrounds Letourneau Tape by A Washington DOC investigator allegedly left his job at the state women's prison in Purdy with a souvenir: a tape recording of Mary K. Letourneau talking on the phone with her attorney. After starting a new job at the state Attorney General's office in 1998, …
DC Circuit Revives Hewitt v. Helms
Article • December 15, 2000 • from PLN December, 2000
Filed under: Dental Care, Disciplinary Hearings, Liberty Interests, Ad-Seg Hearings
DC Circuit Revives Hewitt v. Helms by by Matthew T. Clarke D. C. Circuit court of appeals has held that, when determining whether a prisoner's segregation involves a liberty interest, the conditions of the prisoner's segregation should be compared with the conditions prison officials exercising their discretionary authority routinely impose …
WA Civil Commitment Ruling Published
Article • December 15, 2000 • from PLN December, 2000
Filed under: Mental Health, Civil Commitment
WA Civil Commitment Ruling Published by In the September, 2000 issue of PLN we reported on a ruling by Judge William Dwyer of Seattle who held the Washington Special Commitment Center in contempt for failing to provide treatment and transitional release housing for civilly committed "sexually violent predators." The court's …
PLN v. WA DOC, WA, Complaint, Public Records - Employee Death, 2000
Filing • November 17, 2000
Filed under: Wrongful Death, Public Records Act
PLN v. WA DOC, WA, Complaint, Public Records - Employee Death, 2000 2 3 4 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF PIERCE 5 6 7 PRISON LEGAL NEWS, INC., a Washington non-profit corporation, Plaintiff, 8 9 ) v. ) ) WASHINGTON …
Retaliatory Denial of WA Parole Decision Vacated
Article • November 15, 2000 • from PLN November, 2000
Filed under: Misconduct/Corruption, Parole Board Misconduct, Retaliation for Litigating, Parole
Retaliatory Denial of WA Parole Decision Vacated by The Washington state Supreme Court, sitting En Banc held that Washington's Indeterminate Sentencing Review Board (ISRB) improperly considered a history of filing litigation and grievances against prison officials, in finding that a prisoner was unfit for parole. During a 1997 parole consideration …
Washington Radiation Suit Settled for $2.4 Million
Article • November 15, 2000 • from PLN November, 2000
Filed under: Medical, Medical Experiments/Exploitation, Male Reproductive, Attorney Fee Awards, Damages, Settlements
Washington Radiation Suit Settled for $2.4 Million by Hans Sherrer By Hans Sherrer On March 14, 2000, a classaction lawsuit by Washington State prisoners who participated in radiation experiments from 1963 to 1971 was settled for $2.4 million. Sixty-four prisoners at the Washington State Penitentiary at Walla Walla were involved …
Baker v. WA DOC, WA, Complaint, Slip and Fall, 2000
Brief • October 17, 2000
Filed under: Accidents
Baker v. WA DOC, WA, Complaint, Slip and Fall, 2000 P. 04 FAX NO. ") lO)"l';).,S- nEcEWED ,llRCE rVRD ocr1'lllO'. ' 1 III '~8U\iS1Bl'C6ll11_1 " ; '\ .. i,\ 'S OfFICE 2 \! r.1.\.,,<;, I {\s'bi~isioH JUL 13 2000' 1Uf'bL't't1PI~ 3 Olll~ Cashfers~on kNT SUpedorCourtClIlI'k 4 S , RriCEIV 6 …
VP's Drug Dealer Still Litigating Retaliation Claim
Article • October 15, 2000 • from PLN October, 2000
Filed under: Retaliation, Retaliation for Media Contact, Qualified Immunity
VP's Drug Dealer Still Litigating Retaliation Claim by The court of appeals for the District of Columbia circuit held that law-of-the-case doctrine foreclosed a challenge to a legal decision made at an earlier stage of the litigation and that the district court must determine whether government officials were motivated by …
Judd v. AT&T, WA, Motion to Dismiss Undisclosed Phone Rates, 2000
Brief • October 2, 2000
Filed under: Telephones
Judd v. AT&T, WA, Motion to Dismiss Undisclosed Phone Rates, 2000 RECEIVED 0" I 2 2000 sl~~1v2rFICE OF HONORABL1r~RATHLEENLEARNED 1 2 "; . \.,,:,. 1. \ " 3 4 IN THE SUPERIOR COURT OF WASHINGTON FOR KING COUNTY 5 6 7 SANDY JUDD, TARA HERIVEL and ZURAYA WRIGHT, for themselves, …
The Restraint Chair: Safe and Humane?
Article • September 15, 2000 • from PLN September, 2000
Filed under: DOC/BOP misconduct, Jail Misconduct, Excessive Force, Guard Brutality/Beatings, Restraints, Damages, Settlements, Mental Health
The Restraint Chair: Safe and Humane? by Anne-Marie Cusac Jail and prison employees call it the "strap-o-lounger," the "barcalounger," the "we care chair," and the "be sweet chair." Prisoners and their lawyers have other names for the device: "torture chair," "slave chair," and "devil's chair." They are not referring to …
WA and IN Prison Phone Rates Challenged
Article • September 15, 2000 • from PLN September, 2000
Filed under: Telephones, Telephone Rates
WA and IN Prison Phone Rates Challenged by On June 20, 2000, a class action suit was filed in King county (Seattle) superior court in Washington. The suit claims that various phone companies that have contracted with the Washington Department of Corrections to provide collect call services for Washington prisoners …
Washington Earned Early Release Credits Create Due Process Liberty Interests
Article • September 15, 2000 • from PLN September, 2000
Filed under: Sex Offenders (Discrimination), Disciplinary Hearings, Liberty Interests, Good Time, Parole
Washington Earned Early Release Credits Create Due Process Liberty Interests by Mark Cook The Washington State Court of Appeals, Division One, has held that: (1) a prisoner's right to community custody placement created limited due process liberty interests, but (2) delay did not violate prisoner's due process rights. Matthew S. …
Fines Against WA Civil Commitment Center Stayed
Article • September 15, 2000 • from PLN September, 2000
Filed under: Contempt (Civil Procedure), Mental Health, Sex Offender Treatment, Civil Commitment
Fines Against WA Civil Commitment Center Stayed by Dan Pens In the May 2000 issue of PLN we reported the progress of a federal court injunction issued in 1994 against Washington's Special Commitment Center (SCC), the nation's first civil commitment facility specifically for the long-term detention and "treatment" of "sexual …
WA Guard Discrimination Suit Settled for $250,000
Article • August 15, 2000 • from PLN August, 2000
Filed under: Misconduct/Corruption, Guard Misconduct, DOC/BOP misconduct, Racial Discrimination, Settlements, Employee Litigation
WA Guard Discrimination Suit Settled for $250,000 by In the May, 1999, issue of PLN we reported the widespread racism among white prison employees in the Washington Department of Corrections (DOC) and the resulting hostile work environment it created for minority employees as well as prisoners. In July, 1998, black …
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