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1999 Washington State Legislative Roundup
Article • December 15, 1999 • from PLN December, 1999
Filed under: Staff-Prisoner Assault, Sexual Harassment, Staff-Prisoner Harassment, Sex Offenders (Discrimination), DNA Testing/Samples, Parole, Pardons/Clemency, Seizure of Prisoner Funds, State Legislation
1999 Washington State Legislative Roundup by The 1999 Washington legislature created or amended far too many statutes of interest to our readers to adequately summarize, but here are some highlights: Custodial Misconduct makes it a class C felony for an employee or contract personnel of a correctional agency [or] law …
Washington Court of Appeals Holds Restitution Orders Invalid
Article • December 15, 1999 • from PLN December, 1999
Filed under: Money/Property, Seizure of Prisoner Funds, Restitution
Washington Court of Appeals Holds Restitution Orders Invalid by The Washington state Court of Appeals held that restitution orders entered under the pre-1995 version of RCW 9.94A.142 are invalid if entered more than 60 days after sentencing and entered: (1) as an ex parte order, if the defendant objected, regardless …
Washington Good Time Ban Unconstitutional
Article • December 15, 1999 • from PLN December, 1999
Filed under: Sentencing, Good Time, Three Strikes
Washington Good Time Ban Unconstitutional by In a ruling with far reaching implications, a Washington state court of appeals held that a "three strikes" ballot initiative that eliminated good time and early release credits for first time offenders convicted of first degree murder, first degree rape and assault and assault …
Blackburn v. Moss, WA, Settlement and Release Agreement, Disability Access, 1999
Brief • December 9, 1999
Filed under: Discrimination, Americans with Disabilities Act
Blackburn v. Moss, WA, Settlement and Release Agreement, Disability Access, 1999 IEPT OF GENERAL ADMINISTRATION EE BART T BLACKBURN DOC #961795 ) DAY INVOICE YR NUHBER 2 08 99 DOL-9/15/98 31050592 150-0 REfERENCE 275542C AMOUNT INVOICE DISCOUNT 06C2019 01 () D 1'\ NET DUE 2 500.00 e 2 500.00 3E …
Turay v. Seling, WA, Stipulations, Civil Commitment, 1999
Brief • December 2, 1999
Filed under: Civil Commitment
Turay v. Seling, WA, Stipulations, Civil Commitment, 1999 Turay v. Seling ™ H • • • • HH • • • • PC-WA-004-003 Honorable William L. Dwyer 1 2 ENTERED 3 4 °tC 1 1999 J K 5 WASHINGTON DEPUTY 6 7 8 UNITED STATES DISTRICT COURT FOR THE WESTERN …
Hardt v. WA DOC, WA, Complaint, Miscalculation of Earned Time, 1999
Brief • November 28, 1999
Hardt v. WA DOC, WA, Complaint, Miscalculation of Earned Time, 1999 STANUAlUJ TUKT LLA.lNll'UW"~ Pursuant to RCW 4.91, tlIiS AUtin is provided Cor your conveni~ce whc:n filing a tort claim against the Slate of Washington. If filing a claim involving an accident with a vehicle operated by a state employee. …
Washington Felony Infraction Law Struck Down
Article • November 15, 1999 • from PLN November, 1999
Filed under: Disciplinary Hearings, Legality of Rules, Sanctions (Disciplinary Hearings), Criminal Prosecution
Washington Felony Infraction Law Struck Down by A Washington state appeals court held that a state law allowing the felony prosecution of prisoners who are infracted in prison after having lost all good time credits violates the state constitution. The court also suggested that all Washington DOC infractions issued after …
PLRA Attorney Fee Provision Not Retroactive in Jail Conditions Suit
Article • November 15, 1999 • from PLN November, 1999
Filed under: Conditions of Confinement, Totality of Conditions, Attorney Fee Awards, Attorney Client, Attorney Fees (PLRA), Preliminary Injunctions/TRO's, Attorney Visits
PLRA Attorney Fee Provision Not Retroactive in Jail Conditions Suit by The court of appeals for the DC Circuit held that the Prison Litigation Reform Act (PRLA) provision, which caps attorney fee awards, applies to work performed after the act's effective date (April 26, 1996), even when the suit was …
PLN Sues Washington DOC over Censorship of Nazi Guard Exposé
Article • November 15, 1999 • from PLN November, 1999
Filed under: Guard Misconduct, DOC/BOP misconduct, Racial Discrimination, Mail, Publications/Books, PLN Litigation
PLN Sues Washington DOC over Censorship of Nazi Guard Exposé by PLN Sues Washington DOC over Censorship of Nazi Guard Exposé On August 27, 1999, Prison Legal News filed suit in federal court in Spokane, Washington, seeking a court injunction to ensure the delivery of the May, 1999, issue of …
Prideaux v. WA DOC, WA, Judgment, Sexual Harassment Case, 1999
Brief • November 10, 1999
Prideaux v. WA DOC, WA, Judgment, Sexual Harassment Case, 1999 : ,! . • FILED NOV t 0 1999 THOMASA F SPOKANE C6U~~~~~~A, 2 3 4 5 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON 6 IN AND FOR THE COUNTY OF SPOKANE 7 JOANNA PRlDEAUX, NO. 99-2-03447-8 8 …
Garcia v. Evans, WA, Complaint, Mail Room Dispute, 1999
Brief • October 29, 1999
Garcia v. Evans, WA, Complaint, Mail Room Dispute, 1999 . -:31 DS-r'6S? ... FII.ED !H ThE U.J. n:STR:CT (()LiRT ~';:~'Ej1~j " : ..' '.• -' '_).\..I. . .,.I,·t.• . . "'9 v'" ,JAi~,IES A. L'\RSEN, , ., . :1ISTRICT CJF 'I/A!1HtNGTON CLERK ....,.....---= DEPUn SPOKANE. WASHI~~GTON UNITED STATES DISTRICT COURT …
Wreaking Medical Mayhem in Washington Prisons
Article • September 15, 1999 • from PLN September, 1999
Filed under: Staff-Prisoner Assault, Medical Misconduct, Gender Discrimination -- Women, Medical, Systemic Medical Neglect, Dental Care, Staffing, Medical Neglect/Malpractice, Failure to Treat (Mental Illness), Suicides
Wreaking Medical Mayhem in Washington Prisons by Tara Herivel In 1993, prisoner Gertrude Barrow crawled to the clinic at the Washington Corrections Center for Women. Her peptic ulcer ruptured, Barrow's requests for treatment had been dismissed by health care staff who diagnosed her ulcer as a bad case of gas. …
A Foul Trend Emerges
Article • September 15, 1999 • from PLN September, 1999
Filed under: DOC/BOP misconduct, Medical Misconduct, Racial Discrimination, Work, Work Conditions/Safety, Systemic Medical Neglect, Employee Litigation
A Foul Trend Emerges by Tara Herivel An 1996, the Department of Labor and Industry (L&I) fined McNeil Island Corrections Center (MICC) over $13,000 for health and safety violations. L & I investigator Jeff Spann unearthed a pattern of inadequate training for health care staff, use of faulty medical equipment, …
Washington 35% Spousal Suit Update
Article • September 15, 1999 • from PLN September, 1999
Filed under: Seizure of Prisoner Funds, Family, Marriage
Washington 35% Spousal Suit Update by In last month's issue of PLN we reported the trial court ruling striking down RCW 72.09.480. This Washington statute allows the Department of Corrections to seize 35% of all funds sent to prisoners. Dean v. Lehman is the state court lawsuit filed by the …
PLRA Physical Injury Requirement Constitutional
Article • September 15, 1999 • from PLN September, 1999
Filed under: HIV/AIDS, Medical Records, Physical Injury Rule, Court Access, Damages, Injunctions, Disclosure of Records
PLRA Physical Injury Requirement Constitutional by James Quigley The U.S. Court of Appeals for the D.C. Circuit held that the "Limitation on Recovery" provision (physical injury rule) of the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(e), does not violate a prisoner's rights to equal protection or access to …
DC Circuit Lifts Injunction on BOP Porn Ban
Article • September 15, 1999 • from PLN September, 1999
Filed under: Injunctions, Mail, Sexually Explicit Materials
DC Circuit Lifts Injunction on BOP Porn Ban by In the March 1997 issue of PLN we reported that Congress passed the "Ensign Amendment," prohibiting the use of Bureau of Prisons (BOP) funds to distribute sexually explicit material to prisoners. The BOP adopted regulations defining the terms of the ban …
State Court Dismissals Don't Count as Strikes
Article • September 15, 1999 • from PLN September, 1999
Filed under: PLRA, Frivolous Litigation (PLRA)
State Court Dismissals Don't Count as Strikes by A federal district court in the District of Columbia held that the dismissal of frivolous suits in state courts do not count as "strikes" under 28 U.S.C. § 1915(g). Section 1915(g) prohibits in forma pauperis status for prisoner litigants that have had …
Ryan v. Lehmann, WA, Judgment, Gender Discrimination, 1999
Brief • September 8, 1999
Filed under: Discrimination, Gender Discrimination -- Women
Ryan v. Lehmann, WA, Judgment, Gender Discrimination, 1999 lR1~~~O~~[Q) 1 2 SEP ., oJ OFFICE OF THE ATTORNEY GENERAL LABOR &PERSONNEL DIVISION 4 "99 SEP -3 AlO:26 8 1999 BETI Y ; :'.oJ ('j!,. -.' ~ 'BY h' lO 0_. • _ . : J,..". _ OEPl'T~: 5 IN THE …
Franklin Reversed; DC Prisoners Have No Right to Qualified Interpreters
Article • August 15, 1999 • from PLN August, 1999
Filed under: Racial Discrimination, Disciplinary Hearings, Interpreters (Disciplinary Hearings), Parole, Interpreters
Franklin Reversed; DC Prisoners Have No Right to Qualified Interpreters by The court of appeals for the D. C. Circuit held that Spanish-speaking prisoners have no right to qualified interpreters at parole hearings, disciplinary hearings, or for medical and mental health treatment. Spanish-speaking prisoners in the District of Columbia (District) …
Washington 35% Law Struck Down by State Court
Article • August 15, 1999 • from PLN August, 1999
Filed under: Money/Property, Seizure of Prisoner Funds
Washington 35% Law Struck Down by State Court by 0n May 17, 1999, King County (Seattle) superior court judge Glenna Hall held that RCW 72.09.480 was unconstitutional. In 1995 the Washington legislature enacted RCW 72.09.480 which mandates the seizure by the Department of Corrections (DOC) of 35% of all funds …
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