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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, …
Phone Graft in Florida by Competing telephone companies submitted bids to provide "inmate phone services" to 35 Florida prisons. The contract was awarded to North American Intelecom (NAI) Inc. over rival MCI Telecommunications. MCI filed a protest based on the fact that they scored higher than NAI in the Department …
Article • June 15, 1996 • from PLN June, 1996
Florida Prisoners Type Political Donor Lists by Florida state elections officials are hiring prisoners to type into a computer the names of big-money political donors. Secretary of State Sandra Mortham's office is under orders to make the contributions information available on the internet. Mortham said her office will save tax …
Article • May 15, 1996 • from PLN May, 1996
Bad Apples in Florida DOC by Kenneth Smith, fired from four separate Florida prisons, exemplifies a problem the Florida DOC has: keeping "bad apples" out of the barrel. Smith was fired from prisons for repeatedly violating prison rules, drunken driving, and a criminal conviction for resisting arrest, yet always managed …
Article • April 15, 1996 • from PLN April, 1996
Racist Guards at Florida Prison by Dan Pens Rarely do you find reports of racist actions of prison guards in the mainstream press. Most editors wouldn't consider it news for white prison guards to display racial hatred towards their black captives. Ho-hum. But the Palm Beach Post featured several lengthy …
Discrimination Dismissal Reversed by The court of appeals for the eleventh circuit held that prisoners have a right to be free from racial discrimination and that direct evidence of such discrimination will usually make summary judgment inappropriate. Vincent Harris, a Florida state prisoner, filed suit against several prison guards and …
Article • March 15, 1996 • from PLN March, 1996
GCI Corruption Continues by In the September '94 and June '95 issues of PLN we reported the ongoing probes into corruption at Glades Correctional Institute (GCI), a medium security prison located near West Palm Beach Florida. In Turner v. LaMarca , 995 F.2d 1526 (11th Cir. 1993), a federal court …
Article • March 15, 1996 • from PLN March, 1996
Florida Chain Gangs by In November, 1995, Florida became the third state, after Alabama and Arizona, to institute prison chain gangs. The prisoners work in 20-man crews, supervised by three gun toting guards. Prisoners are assigned to serve on the chain gang as punishment for disciplinary infractions. The prisoners wear …
Article • February 15, 1996 • from PLN February, 1996
How the Florida DOC Circumvents Prisoners' Rights to Meaningful Access to the Courts by Van Poyck, William by William Van Poyck and Enrique J. Diaz Although prisoners' constitutional right to meaningful access to the courts has been clearly established for almost three decades, the Florida DOC continues to evade and …
Article • December 15, 1995 • from PLN December, 1995
Florida Repeal of Earned Time Law Upheld by In 1988 the Florida state legislature enacted Fla.Stat. § 944.277 (1988) which extended the amount of gain-time awarded to prisoners. This was one of several statutes enacted by the Florida legislature in order to maintain the Florida prison population within the limits …
Article • October 15, 1995 • from PLN October, 1995
FL Enacts More Anti-Prisoner Laws by On June 14, 1995, several laws affecting prisoners were passed into law without the signature of Governor Lawton Chiles. Under this legislation prisoners convicted after October 1, 1995, must serve at least 85% of their sentences in prison. Other laws will expand the prison …
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