November 29, 2024

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Archive: 1999

December

Wackenhut's Woes: Guard Killed in New Mexico Riot; Prisoners Exiled to Virginia Supermax by Alex Friedmann (p 1)
From the Editor by Paul Wright (p 3)
Pro Se Tips and Tactics (Civil Appeals) by John Midgley (p 4)
Beaten Attica Prisoner Awarded $70,000 (p 5)
Lockdown America: Police and Prisons in the Age of Crisis, by Christian Parenti (Review) by Paul Wright (p 6)
Maximum Security University, edited by Tom Quinn (Book and Video Review) by Paul Wright (p 8)
CDC Settles Corcoran Shooting Suit for $2.2 Million (p 9)
Notes from the Unrepenitentiary by Linda Evans (p 10)
CSC Cancels Florida Juvenile Facility Contract (p 11)
Stanford University Tests Drugs on Imprisoned Juveniles (p 11)
Ninth Circuit Vacates Previous Opinion Ruling PLRA's Provision Unconstitutional (p 12)
Virginia Juvenile Dies of Accidental Heart Attack by Dan Pens (p 12)
Pelican Bay Guard Indicted in Shooting by Willie Wisely (p 13)
Tennessee Prison Guard to Pay $50,000 for Stabbing (p 13)
1999 Washington State Legislative Roundup (p 14)
Arizona Can't Seize All Prison Labor Back Wages (p 15)
New Jersey Jail Settles Chemical Burn Suit for $900,000 (p 16)
Riots Rock CCA Prison in Oklahoma (p 16)
Punitive Shackling Without a Hearing Okay (p 17)
IFP Plaintiffs Must Have Opportunity to Challenge Reasons for "Bad Faith" Certifications (p 17)
Eleventh Circuit Upholds Constitutionality of PLRA's Automatic Termination Provision (p 18)
Construction Audit Criticizes Oregon DOC (p 18)
South Dakota Eliminates Law Libraries (p 19)
Trial Required in ADA Suit over HIV Medication (p 19)
Fifth Circuit Says Rotting to Death in Prison Okay by Ronald Young (p 20)
Many Florida Prison Guards Are Law Breakers (p 21)
Administrative Remedies Exhausted When Response Time Elapses (p 22)
Sandin Does Not Apply to Pretrial Detainees (p 22)
Sleep Deprivation Not Frivolous Claim by Ronald Young (p 23)
Washington Court of Appeals Holds Restitution Orders Invalid (p 24)
Illinois Prison Home to Illegal Tire Dump (p 25)
Dismissal of Haircut Suits Reversed (p 25)
Retaliation Verdict Remanded for Damages (p 26)
Prisoner Withstands Summary Judgment on Cell Condition Claim (p 26)
Washington Good Time Ban Unconstitutional (p 27)
News in Brief (p 28)
Satellite Tracks Parolees by Willie Wisely (p 29)

November

The Cultural Commodification of Prisons by Paul Wright (p 1)
New Jersey Guard Wins $3.75 Million Harassment Suit (p 5)
From the Editor by Dan Pens (p 6)
New York City Arrestee Awarded $5.02 Million in Strip Search (p 6)
PLN Sues Washington DOC over Censorship of Nazi Guard Exposé (p 7)
$7,000 Award to Prisoner Shoved by Guard while Praying (p 8)
California Changes Shooting Policy by Willie Wisely (p 8)
No Privacy Rights for Sex Offender Registrants (p 9)
CCPOA Pimping in the California State Assembly by Dan Pens (p 9)
Probable Cause Hearing Delay Actionable by Ronald Young (p 10)
Ex-Welfare Workers in Georgia Replaced with Prison Slaves (p 11)
California Prison Legal Fund Broke by Willie Wisely (p 12)
Nevada Guards Party with Inmate Welfare Fund (p 12)
New York Retaliation Suit Nets $100,000 in Damages (p 13)
Prison Realty Stock Plummets; Shareholders File Suit (p 13)
Corcoran Bad Apple Rehired by Willie Wisely (p 13)
California Illegally Dumps Parole Records by Willie Wisely (p 14)
California Governor Vetoes Parole Reform Bill (p 14)
Suicides at Connecticut Prison Raise Concerns about Mental Health Care (p 14)
Prisoner Strip Search Warrants Fourth Amendment Analysis by Ronald Young (p 15)
A Guide to the Prison Litigation Reform Act, by John Boston (Review) by Paul Wright (p 16)
Amended Complaint Filed Outside Limitations Period Relates Back (p 16)
California Visits Reinstated after Food Boycott (Letter) by D.R. (p 16)
$100,000 Settlement in South Carolina Jail Death (p 17)
Heck Not Applicable to Ad Seg; Only "Available" Exhaustion Required (p 17)
Retaliatory Acts Need Not "Shock the Conscience" to be Actionable (p 18)
Sheriff Liable for Inadequate Staffing and Refusing Medical Treatment to Assaulted Prisoner (p 20)
Second Circuit Discusses Heck and Edwards (p 21)
West Virginia Supreme Court Upholds Computer Ban (p 22)
Evidentiary Hearing Allowed in PLRA Consent Decree Terminations (p 22)
Washington Felony Infraction Law Struck Down (p 23)
BOP Violates Due Process in Ad-Seg, Transfer and Mail Suit (p 24)
Request for Telephonic Appearance Must Be Considered (p 24)
Race Discrimination Claim Not Barred by PLRA Physical Injury Rule (p 25)
Trial Required in Jail Attack (p 25)
News in Brief (p 26)
PLRA Attorney Fee Cap Not Retroactive in Attorney Client Case (p 28)
PLRA Attorney Fee Provision Not Retroactive in Jail Conditions Suit (p 28)

October

Insanity, Brutality and Fatality: Florida's X-Wing Marks the End of the Line by Dan Pens (p 1)
Death Row Eulogy by Van Poyck, William (p 3)
Worst of the Worst? (p 4)
From the Editor by Paul Wright (p 5)
Florida Jail Workers Busted in Bribery Investigation (p 5)
Pro Se Tips and Tactics (Discovery) by John Midgley (p 6)
Georgia Court Access Consent Decree Terminated (p 8)
Arizona DOC Settles Sexual Abuse Suit (p 9)
ADOC Settlement Terms (p 9)
FBI Investigates CCA-Run INS Center in New Jersey (p 10)
Pro Se Texas Prisoner Awarded $1.08 Million in Failure to Protect Suit (p 10)
Tough on Prisoners Florida Sheriff Avoids Prison (p 11)
Florida Jail Guard Found Guilty in Prisoner's Death (p 11)
Media Interview Protected Free Speech (p 11)
Supreme Court Holds PLRA Attorney Fee Cap Inapplicable to Work Performed Before Enactment (p 12)
PLRA Attorney Fee Limits Not Retroactive in Second Circuit (p 13)
CDC Settles Excessive Force Suit for $1,000 by John Gann (p 14)
$90,000 Settlement in Utah Jail Suicide (p 14)
Utah Jail Settles ADA Suit (p 14)
Private Transportation Company Liable Under 42 USC § 1983 (p 15)
Michigan's Female Prisoners Have Educational Parity (p 15)
Go Directly to Jail: At the Academy in Alpharetta, Men Pay Big Bucks to Pretend They're in Prison by Dan Savage (p 16)
Concealment of Info Tolls Statute of Limitations (p 19)
Texas Settles with Hanged Prisoner's Family (p 19)
Prison Officials Waive Untimely Asserted Heck Defense (p 20)
Racial Segregation in Double Celling Unconstitutional (p 21)
Georgia Parole Regulation Still Ex Post Facto (p 21)
Feds Not Obligated to Accept State-Ordered Concurrent Sentence by Ronald Young (p 22)
Alabama Prison Officials Held in Contempt Again (p 23)
CDC Whistleblower Gets $1.7 Million (p 23)
News in Brief (p 24)
Perp Walks Unconstitutional According to New York Federal Court (p 25)
BOP Sentence Reduction Exclusion Based on INS Detainer Upheld by Ronald Young (p 25)

September

Wreaking Medical Mayhem in Washington Prisons by Tara Herivel (p 1)
A Foul Trend Emerges by Tara Herivel (p 4)
Is Health Care Too Much to Ask For? by Silja JA Talvi (p 5)
Ex-Prisoner Gets $850,000 for Broken Neck (p 7)
Arkansas Department of Corruption Revealed (p 7)
County Jail Political Shenanigans, Corruption Revealed (p 7)
From the Editor by Dan Pens (p 8)
Crime and Punishment in America, by Elliot Currie (Review) by H Bruce Franklin (p 8)
The Way the Wind Blew: A History of the Weather Underground, by Ron Jacobs (Review) by Paul Wright (p 9)
Texas Prison Warehouses (Letter) by DG "Tex" Hoffman (p 9)
Beaten Connecticut Jail Detainee Awarded $2.07 Million (p 10)
Missouri Proposes $2.2 Million Settlement (p 11)
New Mexico Riot Rooted in Religious Rights (p 11)
Prison Realty Board Member Settles Ethics Complaints (p 12)
Tennessee Supreme Court Upholds Private Prison Disciplinary Procedures (p 12)
Rikers Island Detainee Shot (p 12)
Pro Se Pennsylvania Prisoner Awarded $100,000 in Guard Attack (p 13)
West Virginia DOC Commissioner Resigns After Beating Wife (p 13)
Texas Jail Whistleblower Awarded $3.3 Million (p 14)
Washington 35% Spousal Suit Update (p 14)
Arizona DOC Settles Kosher Diet Suit (p 14)
US Supreme Court Holds Media Ride-Alongs Unconstitutional (p 15)
Transsexual Awarded $755,000 in Jail Strip Search (p 15)
PLRA Physical Injury Requirement Constitutional by James Quigley (p 16)
Tobacco Smoke Exposure Requires Trial (p 17)
DC Circuit Lifts Injunction on BOP Porn Ban (p 17)
No Exhaustion Required in Wisconsin When Only Money Damages Are Sought (p 18)
Third Circuit Holds 28 USC § 1915(g) Does Not Apply Retroactively (p 18)
De Novo Review for § 1915A Dismissals (p 18)
Three Strikes Upheld by Ninth Circuit (p 18)
Administrative Exhaustion Required in all Cases (p 18)
State Court Dismissals Don't Count as Strikes (p 18)
Automatic Stay Provision Unconstitutional (p 18)
Total Administrative Exhaustion Not Required (p 18)
Physical Injury Requirement Doesn't Apply to Court Access Claims (p 19)
No Written Screening or Administrative Exhaustion Required (p 19)
Fact Issue of Physical Injury Precludes Summary Judgment by Ronald Young (p 19)
Private Prison Denied Wiretap Exception (p 20)
Wright Dismissed on Remand (p 20)
No Court Access Right to Litigate Civil Forfeiture (p 21)
Prisoners Have First Amendment Right to Private Conversations with Their Attorneys (p 21)
Liberty Interest in Erroneous Parole Release by Ronald Young (p 22)
Prisoner Can Attend His Civil Trial at Government Expense (p 23)
Prisoner Suing Prison Physician for Deliberate Indifference (p 23)
Stun Belts in Court Unconstitutional (p 24)
Lack of Standing Eviscerates Court Access Class Action (p 25)
Federal Parolee Has Right to Hearing Under 18 USC § 4211(a)(2) (p 25)
News in Brief (p 26)
PLRA Dismissals for Failure to Plead Physical Injury Reviewed De Novo (p 27)
Denial of Exercise Is "Atypical and Significant" (p 28)

August

July

Strip Mining Human Rights in Virginia's Supermax Dungeons by Dan Pens (p 1)
Florida Guards Acquitted in Brutality Case by Alex Friedmann (p 3)
From the Editor by Dan Pens (p 4)
The Mentally Disordered Inmate and the Law, by Fred Cohen (Book Review) by Paul Wright (p 4)
Behind Bars in Brazil (Review of Human Rights Watch Report) by Julia Lutsky (p 5)
Human Feces in California Prison's Water by Willie Wisely (p 6)
South Korea Frees Political Prisoner after 41 Years (p 7)
Iowa to Close Prison Law Libraries (p 7)
Ohio Prisons Cited by EPA by Dan Cahill (p 8)
Missouri Ends Ad Seg Ban on Publications (p 8)
Detainee Beaten to Death at Nassau County Jail by Alex Friedmann (p 9)
Illinois Exhaustion Described (p 10)
PLRA Physical Injury and Administrative Exhaustion Requirements Not Retroactive (p 10)
Exhaustion Required (p 10)
Wisconsin Prisoners Stage Food Protest (p 10)
PLRA Doesn't Affect Court Contempt Powers (p 10)
Federal Habeas Not Subject to PLRA (p 10)
Guard Guilty of Penis Stomping (p 11)
PLRA Physical Injury Requirement Not Retroactive (p 11)
Florida Prison Erupts (p 12)
Washington Gift Subscription Ban Injunction Affirmed (p 13)
$660,000 Awarded in Post-Sandin Segregation Suit (p 14)
VitaPro President Arrested (p 14)
Private Prison Guard Is State Actor for § 1983 Purposes (p 14)
Withholding Dental Care Violates Eighth Amendment by Ronald Young (p 15)
Liberty Interest in Parole-Required Custody Classification (p 15)
No Interlocutory Appeal on Supervisory Liability When Guard Stabs Prisoner (p 16)
Kansas Good Time Forfeiture Violates Ex Post Facto (p 17)
Denial of HIV Medication Subjects Medical Contractor to Liability (p 17)
BOP Erred in Running State Sentence Consecutive to Federal Sentence (p 18)
Infraction Inadmissable at Criminal Trial (p 18)
Arizona Prisoners Can Pay Filing Fee in Installments (p 18)
Washington Restitution Order Expired Ten Years After Release (p 19)
Adequate Opportunity for Discovery Required (p 19)
Texas Courts Must Hold Hearing Before Dismissing Suit for Having No Arguable Basis in Fact (p 20)
No Suspicion Required for California Parolee Searches (p 20)
IDEA Confers Right to Education Even in SHU (p 20)
Qualified Immunity in Transsexual Treatment Case (p 21)
$130,000 in Damages and Fees Awarded in New York Retaliation Suit (p 21)
New York Work Release Suit Dismissed (p 22)
Edwards No Bar to Seg Suit (p 22)
Washington EFV Cut-Off Date Questioned (p 23)
Retaliation Suit States Claim (p 24)
News in Brief (p 24)
FRAP 24 Good Faith Standard Not High (p 25)
376 Days in New York Seg "Atypical and Significant" Hardship (p 25)

June

Federal Judge Rules Texas Prisons Still Unconstitutional, PLRA Unconstitutional (p 1)
Washington Parole Officer Blown Up (p 3)
Prison Madness, by Terry Kupers, MD (Book Review) by Dan Pens (p 4)
From the Editor by Paul Wright (p 4)
Indictment: The News Media and the Criminal Justice System (Book Review) by Alex Friedmann (p 5)
Private Prison Escape Explained (p 6)
Notes from the Unrepenitentiary by Laura Whitehorn (p 6)
Corcoran Prisoner Left Hanging (p 7)
Pro Se Tips and Tactics (Discovery) by John Midgley (p 8)
Washington Prisoners Damage Colorado Private Prison (p 10)
Washington Prisoners Brutalized in Colorado Private Prison by Waldo Waldron-Ramsey (p 10)
CCA - Prison Realty Merger Approved by Alex Friedmann (p 11)
Violence Takes a Toll at New Mexico Wackenhut Prison by Ronald Young (p 12)
They Killed a Man, Not a Number by David Hill (p 12)
Court Screening Applies to Paid Suits Too (p 13)
Failing to Provide Disabled Prisoner Showers for Two Months Cruel and Unusual (p 13)
CMS Settles Wrongful Death Suit for $75,000 (p 13)
Judge Throws Out Corcoran Sanctions by Willie Wisely (p 14)
Florida Porn Ban Challenged (p 15)
Juveniles Held Hostage for Profit by CSC in Florida by Alex Friedmann (p 15)
Mitigation Instruction and Excluding Indemnification Evidence Reversible Error (p 16)
Parole Officials Liable for False Information in Parole Violation Arrest Warrant (p 17)
Pardon Satisfies Heck (p 17)
Imminent Danger Overrides Three Strikes (p 18)
Fifth Circuit Upholds PLRA Exhaustion Requirement by Ronald Young (p 18)
Federal Prisoners Must Exhaust Administrative Remedies Before Suing (p 18)
Pennsylvania Brutality Suit Settled for $5,000 (p 19)
Exhaustion Not Required for Bivens Claim (p 19)
The Lucasville Trials by Staughton Lynd (p 20)
Warden's Smoking Ban Violates BOP Rules (p 22)
Weapon Possession in Federal Prison Always Considered a "Violent Offense" (p 23)
Interstate Compact Violations Not Cognizable Under § 1983 (p 23)
News in Brief (p 24)
Prisoner May Not File Unsigned Complaint for Another Prisoner (p 26)
Felon Possession of Firearm Nonviolent Offense (p 26)
Error to Dismiss Rule 41(C) Motion Without Allowing Conversion to Bivens Action (p 26)

May

April

March

Cheaper Than Lab Rats: Can Prisoners Glow in the Dark? by Hans Sherrer (p 1)
Former 'Guinea Pigs' Protest (p 3)
No Private Rights Under International Treaties (p 5)
Book Review: Acres of Skin: Human Experiments at Holmesburg Prison by Daniel Burton-Rose (p 6)
Book Review: Sensible Justice: Alternatives to Prison by Daniel Burton-Rose (p 6)
From the Editor by Dan Pens (p 8)
PLN Sues Utah Jail Over Publication Ban; Suit Settled (p 8)
Wisconsin Resists Out-of-State Transfers (p 9)
Pro Se Tips and Tactics (Appointment of Counsel) by John Midgley (p 10)
No Administrative Exhaustion Required for Monetary Claims; No Qualified Immunity for the Malicious Use of Force (p 12)
Administrative Exhaustion Doesn't Include Judicial Remedies (p 12)
Pennsylvania Consent Decrees Terminated Under PLRA (p 13)
PLRA "Three Strikes" Provision Upheld and Discussed (p 13)
Colorado Prisoner Beaten, Not Stabbed (p 14)
Pennsylvania Supreme Court Draws the Line on Jailhouse Snitches (p 15)
Florida Nicotine Addiction Suit Settled (p 15)
Arkansas Sheriff Bent on "Saving" Prisoners (p 16)
"Tough" Florida Sheriff Arrested (p 16)
Eighth Amendment Applies to Escaped Convicts (p 17)
AHCC Bulk Mail Ban in Miniken Settled (p 17)
Full Court Overrules Clarke v. Stalder in Part (p 18)
Lengthy Ad Seg Is Atypical and Significant Hardship (p 18)
Kansas Good Time Rules Violate Ex Post Facto (p 20)
Retroactive Kansas Good Time Recalculation Unlawful (p 20)
Judicial Sentence of Life in Solitary Upheld (p 21)
South Carolina Grooming Rules Upheld (p 21)
Warden May Be Liable for Rape (p 22)
Work-Release Prisoners Eligible to Vote on Union Representation (p 23)
Jail Brutality Verdict Reversed Due to Improper Argument and Jury Instruction (p 23)
News in Brief (p 24)
Retaliatory Beating of Prisoner Is Triable Fact Issue (p 25)

February

Our Sisters' Keepers by Daniel Burton-Rose (p 1)
Human Rights Report Details Women in Prison (p 2)
Campaign to End Slavery in American Prisons (p 3)
From the Editor by Paul Wright (p 4)
Book Review: Breaking the Walls of Silence by Laura Whitehorn (p 4)
Felony Trial for Planted Knife Is Malicious Prosecution (p 5)
Notes from the Unrepenitentiary by Laura Whitehorn (p 5)
Attorney Fee Cap Inapplicable to Pre-PLRA Suits; PLRA Automatic Stay Provisions Constitutional (p 6)
Dismissal with Prejudice for Failure to Exhaust; Prison Must Process Grievance within Time Limits (p 7)
California Guards Indicted in Rapes by Willie Wisely (p 8)
New York Prison Guard Nailed with DNA Evidence (p 8)
Virginia Prison "Fire Trap" Finding Reversed (p 9)
Threats to File Grievances Protected (p 9)
University Professor Shills for Private Prison Industry by Alex Friedmann (p 10)
Samuels v. Mockry Reversed Once Again (p 10)
Scott Superceded (p 11)
Washington 35% Statute Upheld in State Court (p 11)
Duffy v. Riveland: Some Comments Regarding the Court's January 20, 1998 Summary Judgment Ruling by Leonard Feldman (p 12)
Settlement in Washington State Deaf Prisoners' Lawsuit by Jeff Crollard (p 12)
California Gas Chamber Ruling Vacated (p 13)
PLN Writer Settles Nude Photo Suit for $3,000 (p 14)
Illinois Sheriffs Are County Employees (p 15)
Guard Socked for $37,500 in Vendetta (p 15)
Rikers Island Brutality Suit Settled by Jonathan Chasan (p 16)
Victim of Guard Rape Awarded $50,000 (p 17)
Abuse of Discretion to Dismiss Medical Suit (p 18)
Abuse of Prisoners Confirmed at CCA Facility (p 18)
No Credit for Time Served on Wrongful Conviction (p 19)
Eighth Circuit Reinstates $80,000 Damage Award in Rape Case (p 19)
Parole Officer Recommendation Not Protected by Absolute Immunity (p 20)
Trial Required in Wisconsin Excessive Force Suit (p 21)
Cancellation of TDCJ/VitaPro Contract Reversed (p 21)
No Right to Mutual Legal Assistance in 11th Circuit (p 22)
Prisoners Entitled to Money Damages and Injunctive Relief under ADA and RA (p 22)
Indiana Jail Ban on Publications Struck Down (p 23)
Colorado Contraband Rule Requires Visitor Notice (p 23)
News in Brief (p 24)
Arizona Jail Porn Ban Struck Down (p 25)
Temporary Injunction Issued to Prevent Sex Offender Notification to Employer (p 26)
Spencer Applied to Parolee's § 1983 Claim (p 26)

January

Juvenile Crime Still Pays -- But at What Cost? by Alex Friedmann (p 1)
California Parolee Gag Order Lifted (p 3)
From the Editor by Dan Pens (p 4)
BOP Visitors Subjected to Ion Scan by M L (p 4)
PLRA Immediate Termination Provisions Unconstitutional (p 5)
En Banc Review Granted in Taylor (p 5)
PLRA Allows Fees on Fees in Failure to Protect Suit (p 5)
Tennessee Prisoners Fight to Keep Money (p 6)
PLN Sues Oregon DOC Over Bulk Mail Ban (p 6)
Arizona Jail Slave Labor Used to Stuff Ballot Envelopes (p 7)
Georgia Prison Officials Take Taxpayers for a Long Ride (p 7)
Open Society Institute Funds College Classes in Maryland Prisons (p 8)
Guard's Death Threats May Violate Eighth Amendment (p 8)
BOP Exceeds Statutory Authority in Denying Sentence Reductions (p 9)
No Immunity for Forcing Disabled Prisoner to Work (p 9)
News in Brief (p 10)
Utah Strip Search Suit Settled (p 11)
AEDPA Statute of Limitations Tolled (p 12)
$15,001 Excessive Force Verdict Affirmed (p 12)