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Georgia Lawmaker Indicted for Aiding Prisoner Transfer by Lonnie Burton On January 8, 2002, a Fulton County, Georgia grand jury indicted state senator Van Streat on four counts of violation of oath of office and one count of making a false statement. Both charges stemmed from Streat's alleged involvement in …
Washington Prisoners Sue DOC for Extortion, Mail Fraud, Criminal Profiteering and Racketeering by Four Washington state prisoners have filed suit against the Department of Corrections (DOC) over DOC's longstanding practice of charging prisoners to ship their own personal property when they are transferred from one institution to another, and doing …
Courts Retain Power To Grant TROs Under PLRA by The District of Columbia (DC) Court of Appeals has vacated a district court ruling on the merits of a prisoner lawsuit where the district court also found that the prisoner plaintiffs failed to exhaust administrative remedies prior to filing suit. Louis …
Section 2241 May Not Be Used to Challenge BOP Prison Placement by by Matthew T. Clarke The Tenth Circuit court of appeals has held that a federal prisoner may not use 28 U.S.C. § 2241 to challenge placement in a certain prison or the conditions in that prison. Christopher John …
Article • January 15, 2002 • from PLN January, 2002
Michigan Prisoners Awarded Nearly $7,000 for Retaliatory Transfers by Lonnie Burton In February 2001, a federal judge ruled that two Michigan prisoners are entitled to almost $7,000 in damages after they were unjustly punished by the state Department of Corrections when they were transferred to highersecurity prisons. The transfers came …
Jailhouse Lawyering Protected; Frivolous Claims Are Not by John E Dannenberg by John E. Dannenberg The Court of Appeals for the Sixth Circuit held that a prisoner could not maintain an access to the courts claim based on an action that has been dismissed as frivolous, but the plaintiff can …
Article • September 15, 2001 • from PLN September, 2001
Virginia Rent-a-Cell Program Expected to Net $100 Million by Virginia Rent-A-Cell Program Expected to Net $100 Million The state of Virginia will pocket an estimated $100 million in 2001 by warehousing out-of-state and federal prisoners for a fee. About 10% of the Virginia jail and prison population is out-of-state or …
DC Prisoner Wins $175,000 in Conditions Case by David C Fathi by David C. Fathi On January 25, 2001, a federal jury in Washington, D.C. awarded nearly $175,000 to D.C. prisoner Lawrence Caldwell in his challenge to conditions at the District of Columbia's Maximum Security Facility (MSF) in Lorton, Virginia. …
Lorton Conditions Unconstitutional by A federal district court for the District of Columbia held that a prisoner stated claims for an assortment of constitutional injuries and a violation of the Lorton Act. The defendants' motion to dismiss the complaint or, in the alternative, for summary judgment was denied in part. …
Sixth Circuit Orders Retrial of Retaliation Suit by by Matthew T. Clarke The Sixth Circuit court of appeals has ordered the retrial of a lawsuit by the surviving mother of a deceased ex-prisoner against a guard who allegedly retaliated against her son because the mother requested the guard's name and …
Liberty Interest In New York Work Release by Ronald Young By Ronald Young The court of appeals for the Second circuit held that a prisoner has a protected liberty interest in her continued participation in a work release program, and entitled to a hearing which states the reason for her …
Habeas Challenging Transfer to Private Prison Dismissed by The court of appeals for the Seventh circuit held that habeas corpus was not the proper means to challenge a state statute allowing states to confine their prisoners in private prisons in other states. The court also held that a lawsuit challenging …
Article • September 15, 1999 • from PLN September, 1999
Texas Prison Warehouses (Letter) by DG "Tex" Hoffman by : D.G. "Tex" Hoffman The Texas Dept. of Corrections operates the nation's second largest prison system after California, including 20 transfer facilities. Transfer facilities are Texas' answer to overcrowded county jails; the first facility was built in mid- 1994 when jails …
$45,000 Award in BOP Tort Claim Medical Neglect Suit by Afederal district court in Texas has awarded a pro se federal prisoner $45,000 under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 2671-2680, for medical neglect by the United States Bureau of Prisons (BOP) in failing to transfer him …
AEDPA Statute of Limitations Tolled by The court of appeals for the Third circuit held that the one year statute of limitations in which to file a federal habeas corpus petition is a statute of limitation subject to tolling. In 1994 Frank Miller, a New Jersey state prisoner, was found …
Article • November 15, 1998 • from PLN November, 1998
Holding Pretrial Detainee in Prison May Violate Due Process by A federal district court in New York ruled that holding a prisoner in a prison ten months after his conviction was reversed may violate the due process clause and entitle him to damages. In 1991 Vincent Robbins was convicted of …
Article • October 15, 1998 • from PLN October, 1998
The Buck Stops Where? by Alex Friedmann When Georgia prisoner Stanley Reed filed a federal habeas petition in January 1997 he probably didn't expect the response he received: The warden refused to answer the petition, raising the possibility that Reed might be released by default. The reason? Reed, although a …
Fatal Mismanagement at Ohio CCA Prison by In February 1998, federal judge Sam Bell ordered the Corrections Corp. of America to halt the transfer of inmates from Washington, D.C., to the Northeast Ohio Correctional Center (NOCC), a CCA-owned prison in Youngstown, Ohio. Bell agreed with Alphonse Gerhardstein, the Cincinnati attorney …
Article • March 15, 1998 • from PLN March, 1998
Class Action Certification Clarified by The court of appeals for the ninth circuit held that a district court erred when it dismissed as moot a jail detainee's lawsuit challenging conditions on a jail chain gang, before ruling on the plaintiff's motion for class certification. Timothy Wade filed a lawsuit seeking …
Legal Papers Must be Returned to Owner; Prisoner Legal Mail Banned by The court of appeals for the eighth circuit held a district court erred when it ordered prison officials to allow prisoner co-plaintiffs to correspond with each other about their case. The court affirmed an injunction requiring prison officials …
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