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Eleventh Circuit Approves and Applies the PLRA by James Quigley By James Quigley The court of appeals for the eleventh circuit held that the provisions of the Prison Litigation Reform Act (PLRA) apply to cases pending prior to its enactment; that the filing fee requirements of the Act do not …
Eleventh Circuit Reinstates Beating Verdict by The court of appeals for the eleventh circuit reversed a judgment as a matter of law entered against a Florida prisoner after a jury found in his favor. The court reinstated both the verdict and a damage award for the prisoner. The court also …
Managed Care Infects Prison Health Services by by Adrian Lomax In September, 1996, Melody Bird complained to guards at Florida's Pinellas County Jail that she was experiencing severe chest pains and having trouble breathing. Nurses at the jail, finding no discernible blood pressure, concluded that Bird was suffering a heart …
Article • August 15, 1997 • from PLN August, 1997
Florida Supreme Court Strikes Down Gain Time Loss by The Florida supreme court held that a DOC Policy denying gain time to prisoners eligible to receive it at the time of their conviction violated the ex post facto clauses of the Florida and United States constitutions. In 1996 the Florida …
Florida Paradox of Prisons, Politics and Profits by For the past three years the Florida state legislature has surfed the get-tough wave, enacting laws to clamp down on Florida's 65,000 state prisoners. They have enacted laws to remove weights and recreation equipment, eliminate funding for prison TV sets, and were …
Article • August 15, 1997 • from PLN August, 1997
Florida Ban on Prisoner Legal Help Struck Down by A state district court of appeals held that Florida DOC rules were unconstitutional to the extent that they purport to prohibit prisoners in disciplinary confinement from filing federal petitions seeking habeas corpus, or civil rights complaints alleging violations of federally protected …
Article • July 15, 1997 • from PLN July, 1997
PLRA Filing Fees Not Applicable to Habeas by The tenth and eleventh circuit courts of appeals held that the PLRA's filing fee requirements for indigent prisoners do not apply to habeas corpus petitions. The five other circuits to consider this question have reached the same result. Thus, indigent prisoners need …
RFRA Allows Redaction of Religious Publication by The court of appeals for the eleventh circuit held that the Religious Freedom Restoration Act (RFRA), 42 U.S.C. § 2000bb, is not violated when prison officials censor only portions of a religious publication. This is the first eleventh circuit ruling to interpret the …
Ex-Sheriff Sex Offender Retains Pension by In the July 1995 issue of PLN we reported "51 Months for Sex With Prisoners," about Gulf County (FL) sheriff Al Harrison, then 52, who was convicted of seven misdemeanor counts of violating the civil rights of five female prisoners over a period of …
Florida Private Prison Criticized by Dan Pens by Glenn Wright and Dan Pens Louisville, Kentucky based private prison vendor U.S. Corrections Corporation (USCC) was sharply criticized by Florida's Auditor General in three separate reports issued by the Office of Program Policy Analysis and Government Accountability (OPPAGA). The reports were the …
Article • April 15, 1997 • from PLN April, 1997
US Supreme Court: Florida Gain Time Statute Violates Ex Post Facto by Paul Wright On February 19, 1997, a unanimous United States Supreme Court held that the revocation of previously granted good time credits violates the ex post facto provision of the United States constitution. The Court held that subjective …
Reach Out and Bilk Someone by Florida DOC officials were found in 1995 to have fraudulently awarded a contract to North American Intelicom (NAI) to provide "inmate telephone services" to 35 Florida state prisons. Rival communications company MCI filed a protest because they were not awarded the contract, even though …
Private Prison Liable for Wrongful Imprisonment by A federal district court in Florida held that a private corporation which ran a county jail under contract was liable for a detainee's wrongful imprisonment. Thomas Blumel was arrested without a warrant after being accused of violating a restraining order. Blumel was then …
Brief • October 16, 1996
Diaz v. US, FL, Complaint, Wrongful Death by Suicide, 1996
Prisoner Has Right to Hunger Strike by James Quigley A Florida appellate court has ruled that a prisoner has a right to refuse forced feeding or medical treatment based on an interpretation of the privacy clause of the Florida State constitution. In late 1994 Michael V. Costello, a Florida state …
Article • September 15, 1996 • from PLN September, 1996
Warden Caught in Sex Sting by The Superintendent of Florida's Polk Correctional Institution resigned on the night of April 11, 1996, just hours after he was charged with propositioning an undercover sheriff's deputy at a local park. Evon Alexis Colchiski, 39, was one of the twenty men arrested during a …
Article • September 15, 1996 • from PLN September, 1996
Job Denial Based on HIV Status May Violate ADA by A federal district court in Florida held that a jail's denial of trustee status to an HIV+ prisoner would violate the Americans with Disabilities Act (ADA) 42 U.S.C. 12131. Johnnie Dean was held in the St. Lucie County jail when …
Article • September 15, 1996 • from PLN September, 1996
Florida Utilities Commission Refunds Phone Kickbacks by The June, 1996, issue of PLN reported that the contract to provide phone services to Florida state prisoners was awarded without competitive bidding in circumstances strongly suggesting corruption. Since 1987 Florida prisoners have been allowed to make collect calls to friends and families, …
U.S. Supreme Court to Review Cases by Washington Disc. Case On April 29, 1996, the US Supreme Court announced it would hear an appeal by Washington state prison officials involving a prisoner's challenge to the loss of good time during a prison disciplinary hearing. Jerry Balisok filed suit under 42 …
Article • June 15, 1996 • from PLN June, 1996
No Free Lunch by Most readers are aware of the growing practice of charging prisoners and jail detainees a fee for medical services. Two southern jurisdictions have introduced what may be the next wave - charging for meals. Sheriff Bobby Knowles of the St. Lucie County Jail in Fort Pierce, …
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