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Article • October 15, 1997 • from PLN October, 1997
U.S. Sues Prisons in Arizona and Michigan by In February 1997, the Justice Department filed separate lawsuits in U.S. District Court in Phoenix and Detroit alleging that state-run prisons in Michigan and Arizona fail to protect female prisoners from sexual assaults committed by prison guards and staff. At the Arizona ...
Arizona DOC Contempt Fines Affirmed by In the July, 1996, issue of PLN we reported Hook v. Arizona, 907 F. Supp. 1326 (D AZ 1996) where the court held Arizona DOC officials In contempt for refusing to pay the fees for special masters appointed by the court to oversee implementation ...
Article • September 15, 1997 • from PLN September, 1997
Attorney Fee Award in Nominal Damage Case Affirmed by The court of appeals for the eighth circuit affirmed an award of $6,005.40 in attorney fees and costs to a prisoner who was awarded one dollar in nominal damages after a jury trial. Ali Muhammad, an Arkansas state prisoner, filed suit ...
Article • August 15, 1997 • from PLN August, 1997
Con Artist Dupes 'America's Toughest Sheriff' by Sheriff Joe Arpaio who touts himself as "America's toughest sheriff" is apparently not America's smartest sheriff. Reputed flimflam man David Michael Pecard, 34, wooed his way into the sheriff's heart with empty promises of helicopters, tents and other military surplus. Pecard, an army ...
On the Edge of Midnight by Mr Wolf by Mr.Wolf An extraordinary ruling by the ninth circuit court of appeals in Hook v. State of Arizona, 98 F.3d 1177 (9th Cir. 1996), brought the Arizona prison system to the brink of disaster during the 1996 holiday season. The ruling is ...
Article • April 15, 1997 • from PLN April, 1997
No Immunity for Eighth Amendment Violation in Rectal Search by The court of appeals for the ninth circuit reversed a jury verdict which had found prison officials had violated a prisoner's eighth amendment rights during a rectal search but that they were entitled to qualified immunity for doing so. The ...
Tent City Jail Erupts in Flames by Most PLN readers are aware of Maricopa County Sheriff Joe Arpaio's reputation as "the meanest sheriff in America," infamous for his tent-city jail, stripped of amenities, sweltering in the Arizona sun under a large neon "Vacancy" sign. Arpaio is unabashedly proud of his ...
Circus is in Town by by Mr. Wolf Russian novelist Fyodor Dostoevsky wrote, 'The degree of a civilization in society can be judged by entering its prisons and jails." By the events which unfolded in Phoenix, Arizona during September, 1996, it is no doubt evident now to the world at ...
Article • February 15, 1997 • from PLN February, 1997
PLRA IFP Provision Applied Retroactively by The court of appeals for the ninth circuit held that 28 U.S.C. § 1915(e)(2), which allows courts to dismiss prisoner suits that have been filed In Forma Pauperis (IFP) at any time if determined to be frivolous, can be applied retroactively to appeals pending ...
Article • December 15, 1996 • from PLN December, 1996
CRIPA Stays Not Appealable by The court of appeals for the ninth circuit held that district court orders which stay proceedings for a limited time to require exhaustion of prison administrative remedies pursuant to the Civil Rights of Institutional Persons Act (CRIPA), 42 U.S.C. § 1997e are not appealable. Two ...
Article • August 15, 1996 • from PLN August, 1996
Supreme Court Reverses Court Access Case by Paul Wright In the June, 1995, issue of PLN we reported Casey v. Lewis, 43 F.3d 1261 (9th Cir. 1994) in which a unanimous panel of the ninth circuit court of appeals affirmed most of a lower court ruling designed to ensure Arizona ...
Arizona Held in Contempt over Masters' Fees by In the October, 1995, issue of PLN we reported the ongoing war between the Arizona DOC (ADOC) and the federal judiciary as prison officials sought to evade compliance with federal court orders. Because the Arizona DOC has not been willing to comply ...
Article • June 15, 1996 • from PLN June, 1996
Filed under: Civil Procedure, Appeals
Ninth Circuit Expands Mailbox Rule by The court of appeals for the ninth circuit has held that a prisoner's notice of appeal is timely filed as long as it is mailed within the applicable time limit; the court does not require the notice to be mailed by a method that ...
Arizona Death Row Chain Gang Problems by In December, 1995, Arizona's governor Fife Symington launched a program placing death row prisoners on a chain gang working in the prison's vegetable garden [Reported in the March '96 issue of PLN]. According to an Arizona newspaper report there have been two violent ...
Article • April 15, 1996 • from PLN April, 1996
Arizona's New Tin Horn Dictator by O'Neil Stough The tyrannical rule of Arizona prison director, Sam Lewis, came to an end with his resignation in December, 1995. PLN has previously reported the oppressive tactics employed by Lewis which rolled back many of the gains made by prisoners during the 1960's ...
Sandin Inapplicable to Detainee Disciplinary Claims by The court of appeals for the ninth circuit held that a jail policy prohibiting detainees from calling live witnesses to testify at disciplinary hearings, under any circumstances, was unconstitutional. The court held that prison and jail rules confer no legal rights to prisoners ...
The Cost of Litigation by Arizona Reader by an Arizona Reader In an era of prison bashing the focus on "frivolous lawsuits" rests fundamentally on those filed by prisoners. The question, "Why are the lawsuits necessary?", has yet to be asked, or answered. The turn-of-the-coin may, in a small but ...
Article • March 15, 1996 • from PLN March, 1996
Forced Labor for Arizona Death Row Prisoners by On November 22, 1995, a memo was distributed to Arizona's 119 death row prisoners. The memo relays an order issued by DOC chief Sam Lewis. It states in part: "Arizona Revised Statute 31-151 gives the Director of Corrections authority to require that ...
Article • January 15, 1996 • from PLN January, 1996
Arizona Prisoners Charged for Electricity by Dan Pens The 1995 Arizona legislature passed a law (AZ Rev. Statutes § 31-239) that requires the AZ DOC to establish a plan wherein prisoners will be charged a monthly "utility fee." The statute directs the DOC to collect a monthly fee, "not to ...
RFRA TRO Granted by A federal district court in Arizona granted a Temporary Restraining Order (TRO) to an Arizona state prisoner who filed suit seeking relief for violation of his religious rights to a Kosher diet, to long hair, a colored head covering and to maintain a vow of poverty. ...
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