by W. Wisely
In a developing investigation eerily reminiscent of the abuse, corruption, and cover-ups at Corcoran prison, California Youth Authority guards stand accused of beating, and setting up fights between, youthful offenders at Youth Correctional Facility (YCF) in Chino, California. A six-month investigation disclosed that guards slammed handcuffed prisoners ...
Loaded on
Feb. 15, 2000
published in Prison Legal News
February, 2000, page 2
On September 30, 1999, U.S. district court judge Orinda Evans awarded Georgia state prisoner Ray Yelverton $60,000 in compensatory and punitive damages in a retaliation suit against prison officials. Yelverton was convicted of child molestation charges in 1990. He was imprisoned at the Ware State Prison in Waycross where he ...
PLN's fundraiser to pay for the second staff position has raised $5,645 as of January 10, 2000. We need to raise a total of $24,000 above and beyond what we normally bring in so we will be able to pay for a much needed second office person. If you haven't ...
Reviews: Legal Research: How to Find & Understand the Law, 7th ed.
by Stephen Elias and Susan Levinkind, Nolo Press, 392 pages.
Reviewed by Allan Parmelee
Have you ever wondered what the difference is between a brief and a memorandum of law? Feel intimidated by the "stuff" in a court ...
by Jay Isenberg, American Bar Association, 256 pages
Reviewed by Allan Parmelee
Clear and to the point, while easy to understand. In Finding the Right Lawyer, the author presents one of the most concise, detailed and powerful presentations of a checklist of what to look for in a lawyer and ...
by Jon Marc Taylor, Audenreed Press, 243 Pages
Reviewed by Paul Wright.
The steady demise of educational programs in prison means that prisoners seeking an education can no longer rely on prisoncrats to provide it. While there are books on the market discussing correspondence courses, they are all aimed at ...
by D.A. Shelton, News and Letters, 71 pages
Reviewed by Rick Card
"Criminals have become the 'bogeyman' so that corporate America can continue to commit atrocities against the proletariat throughout the nation and around the world," says David Shelton in Voices From Within the Prison Walls. In a book that ...
by Douglas Hill, J.D., Kensington Publishers, 208 pages
Reviewed by Paul Wright.
A common refrain among jailhouse lawyers that have successfully learned how to navigate the legal system while imprisoned is "I wish I knew at the time of my arrest what I know now." Knowledge of how the criminal ...
By RNB with Marilyn Buck
David Gilbert and Laura
Whitehorn, 84 pages
Review by Paul Wright
The United States government steadfastly denied holding any political prisoners. In reality, it holds over 100 leftist political prisoners imprisoned because of their anti-imperialist activities and beliefs. This booklet contains interviews with three of ...
By Mumia Abu-Jamal
Law is simply politics by other means&
- David Kairys, Legal Reasoning
When one looks at public projections of police in the corporate and entertainment media, one thinks of someone who is sworn to follow (as opposed to breaking) the law. Similarly, when one examines the public ...
Loaded on
Feb. 15, 2000
published in Prison Legal News
February, 2000, page 7
The court of appeals for the Ninth circuit held that an Arizona statutory amendment eliminating the tolling provision for prisoners' suits, did not apply retroactively.
Christian Weaver TwoRivers, an Arizona prisoner, appealed a lower court's dismissal of his 42 U.S.C. § 1983 claim under Rule 12(b)(6) of the Federal Rules ...
Loaded on
Feb. 15, 2000
published in Prison Legal News
February, 2000, page 7
The court of appeals for the Seventh circuit held that habeas corpus was not the proper means to challenge a state statute allowing states to confine their prisoners in private prisons in other states. The court also held that a lawsuit challenging prisoners' confinement in private prisons in other states ...
Shoot 'Em if They Step Out of Line
by Dan Pens
Shortly after publication of the July PLN, cover article: "Strip Mining Human Rights in Virginia's Supermax Dungeons", PLN received a letter from a prisoner at Red Onion, one of Virginia's two new "supermax" prisons. "You wouldn't believe it," he ...
Loaded on
Feb. 15, 2000
published in Prison Legal News
February, 2000, page 10
The court of appeals for the Tenth circuit held that under 28 U.S.C. 1915(g), which prohibits IFP status for prisoner litigants that have had three or more suits dismissed as frivolous, malicious or for failing to state a claim upon which relief can be granted. Habeas petitions do not count ...
Loaded on
Feb. 15, 2000
published in Prison Legal News
February, 2000, page 10
A federal district court in Wisconsin held that a prisoner's "release account" can be used to pay PLRA filing fees. The Wisconsin DOC takes a percentage of prisoners' money which it places in an account that can only be accessed when the prisoner is released. Frederick Spence filed suit and ...
Loaded on
Feb. 15, 2000
published in Prison Legal News
February, 2000, page 10
In the August, 1999, issue of PLN we reported Hall v. Stone, 170 F.3d 706 (7th Cir. 1999) in which Bureau of Prisons (BOP) warden John Farello was held in contempt of court for failing to pay a prisoners' PLRA filing fee. In this ruling the appeals court purged Farello ...
Loaded on
Feb. 15, 2000
published in Prison Legal News
February, 2000, page 10
A federal bankruptcy court in Idaho held that the PLRA's modification to the bankruptcy code, 11 U.S.C. § 523(a)(7), which exempts from chapter 7 bankruptcy discharge any debt involving filing fees and litigation costs, applies to non prisoners as well as prisoners. The court rejected the argument in this non ...
Loaded on
Feb. 15, 2000
published in Prison Legal News
February, 2000, page 10
A federal district court in Massachusetts held that the PLRA does not apply to sexually dangerous people who are civilly committed, even when the facility they are housed in is in fact a prison administered by the state prison system. In 1975 a consent decree was entered regarding conditions at ...
Loaded on
Feb. 15, 2000
published in Prison Legal News
February, 2000, page 10
28 U.S.C. § 1915A Applies to All Prisoner Suits
The court of appeals for the Second circuit held that 28 U.S.C. § 1915A applies to all suits filed by prisoners. Section 1915A requires district courts to screen civil suits filed by prisoners against government officials/entities and dismiss the suit if ...
Loaded on
Feb. 15, 2000
published in Prison Legal News
February, 2000, page 10
A federal district court in Massachusetts held that a habeas petitioner had incorrectly been required to pay the appellate filing fee. Because the Prison Litigation Reform Act's (PLRA) filing fee requirements do not apply to habeas petitions the court ordered the filing fee refunded to the prisoner. See: Austin v. ...
Loaded on
Feb. 15, 2000
published in Prison Legal News
February, 2000, page 10
No Filing Fee Required if IFP Denied in DC Circuit:
Reflecting a widening split between the circuits on this issue, the court of appeals for District of Columbia circuit held that when prisoner plaintiffs are denied In Forma Pauperis (IFP) status under 28 U.S.C. § 1915(g)(the 3 strikes provision of ...
Loaded on
Feb. 15, 2000
published in Prison Legal News
February, 2000, page 11
Officials of the upstate New York town of Canton will no longer play host to a golf tournament for prison guards after the last event turned into a "drunk fest."
During the August 13, 1999 event, New York prison guards urinated in public view, damaged the greens with golf carts, ...
PLN has extensively reported that, contrary to the claims of its supporters, prison slave labor has historically cost free world workers their jobs and eliminated businesses who are unable to compete with prison slave wages. Prison slave labor also drives down wages and ill serves prisoners in terms of providing ...
Loaded on
Feb. 15, 2000
published in Prison Legal News
February, 2000, page 13
On August 31, 1999, the Washington Waterjet Workers Association (WWWA) filed suit in King county (Seattle) superior court in Washington, challenging the state Department of Corrections (DOC) practice of allowing private businesses to employ prisoner labor. The defendants are Howard Yarbrough, administrator of the DOC's Division of Correctional Industries (CI), ...
Sylvia Baraldini Goes Home after Sixteen Years
by Julia Lutsky
On August 25, 1999, after more than a decade of battle to return to her homeland, Sylvia Baraldini was transferred from the federal prison at Danbury, Connecticut to the Rebibbia prison in Rome, Italy. She traveled in a private jet ...
Loaded on
Feb. 15, 2000
published in Prison Legal News
February, 2000, page 17
On October 15, 1999 the Clinton administration submitted a report to the U.N. Committee Against Torture, admitting abuses in the United States but calling them rare.
"We fully acknowledge in this report there continue to be areas of concern, contention and criticism," said Assistant Secretary of State Harold Koh. "But ...
Loaded on
Feb. 15, 2000
published in Prison Legal News
February, 2000, page 17
In a Sept. 1999 ruling, Israel's Supreme Court outlawed the systemic torture of Palestinian detainees by the country's security forces.
Israeli authorities had long claimed that "moderate physical pressure" during interrogations was necessary to combat terrorism. Palestinian prisoners, many detained without being charged, were subjected to violent shakings, sleep deprivation ...
This past May, the Michigan Department of Corrections (MDOC) agreed to settle a lawsuit filed by the U.S. Department of Justice (DOJ) which alleged a pattern and practice of sexual misconduct and invasions of privacy at the women's prisons in Michigan. The DOJ filed its suit in 1997, reported by ...
Loaded on
Feb. 15, 2000
published in Prison Legal News
February, 2000, page 18
The U.S. court of appeals for the Eleventh Circuit held that a forum selection clause in an indemnity agreement between the Sheriff of Polk Co., Florida and Prison Health Services (PHS), which allowed contract disputes to be brought in the state circuit court, was mandatory rather than permissive.
This case ...
Loaded on
Feb. 15, 2000
published in Prison Legal News
February, 2000, page 19
The court of appeals for the Sixth circuit held that 28 U.S.C. § 1915(e)(2), which requires judicial screening of lawsuits and dismissal under certain conditions, applies only to suits filed in forma pauperis (IFP), or without the pre-payment of the filing fees. 28 U.S.C. § 1915(e)(2) is part of the ...
Loaded on
Feb. 15, 2000
published in Prison Legal News
February, 2000, page 19
Lack of Evidence Bars Disciplinary Finding of Guilt Regardless of Punishment Imposed
The court of appeals for the Ninth circuit held that it violates due process to find a prisoner "guilty" of violating a prison disciplinary rule when absolutely no evidence supports the finding. The court held it is immaterial ...
Loaded on
Feb. 15, 2000
published in Prison Legal News
February, 2000, page 20
A federal district court in Pennsylvania held that prison officials delaying treatment for a prisoner's dislocated shoulder states a claim under the Eighth amendment.
On July 30, 1997, Daniel Petrichko, a Pennsylvania state prisoner, dislocated his shoulder when another prisoner pushed him into a pole. Petrichko immediately sought medical attention ...
Loaded on
Feb. 15, 2000
published in Prison Legal News
February, 2000, page 20
In 1996 Scott Norberg was arrested for assaulting a Mesa, Arizona police officer and booked into the Maricopa County Jail, which is run by "America's Toughest Sheriff" Joe Arpaio. The next day Norberg, 35, was choked to death by deputies while strapped in a metal restraint chair. The county medical ...
Loaded on
Feb. 15, 2000
published in Prison Legal News
February, 2000, page 21
Nashville-based Prison Realty Trust, the parent company of Corrections Corp. of America (CCA), has hired a leading public relations firm to improve its image.
In Sept. 1999 Prison Realty retained Los Angeles-based Sitrick & Co., which specializes in crisis management. Sitrick will handle Prison Realty's media relations and communications with ...
Loaded on
Feb. 15, 2000
published in Prison Legal News
February, 2000, page 21
A federal district court in Arkansas held that a prisoner had standing to challenge the "three strikes" provision of the Prison Litigation Reform Act (PLRA) on equal protection grounds, and that "strict scrutiny" analysis applied. As a result, the provision was declared unconstitutional.
In April 1997, Arkansas state prisoner Wendell ...
Loaded on
Feb. 15, 2000
published in Prison Legal News
February, 2000, page 21
According to a report in The Orlando Sentinel, six Florida State Prison guards were injured during a Halloween incident at Florida State Prison.
The disturbance began when FSP prisoner William Stiles set his mattress on fire. Other prisoners complained of respiratory problems because of the smoke and guards began evacuating ...
Loaded on
Feb. 15, 2000
published in Prison Legal News
February, 2000, page 22
In the September, 1998, issue of PLN we reported Amos v. Maryland Department of Public Safety, 126 F.3d 589 (4th Cir. 1997) in which the court held that the Americans with Disabilities Act (ADA), 42 U.S.C. § 12131-12165 and the Rehabilitation Act (RA), 29 U.S.C. § 794, did not apply ...
Loaded on
Feb. 15, 2000
published in Prison Legal News
February, 2000, page 22
The First Circuit has held that the fact a jail supervisor knew a prisoner was on cell feed status may have given him actual notice of the prisoner's protective custody status when he placed the prisoner in a holding cell where he was assaulted by another prisoner.
Shawn Giroux was ...
Loaded on
Feb. 15, 2000
published in Prison Legal News
February, 2000, page 23
In the May, 1999, issue of PLN we reported Waterman v. Verniero, 12 F. Supp. 364 (D NJ 1998) where a federal district court preliminarily enjoined a New Jersey law banning sexually oriented material from a sex offender treatment prison. The same article also reported Waterman v. Verniero, 12 F. ...
Loaded on
Feb. 15, 2000
published in Prison Legal News
February, 2000, page 24
The Second Circuit has held that the Exhaustion of Administrative Remedies requirement of the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(a), does not apply to suits pending prior to the PLRA's enactment.
Abdullah Y. Salahuddin, a New York state prisoner, filed a civil rights suit under 42 U.S.C. ...
Federal Inquiry Continues
by Julia Lutsky
In April of 1996 John Kim walked out of prison on parole; he had been sentenced four years earlier to four to twelve years for armed robbery. His father, Nam Soo Kim, pastor of one of New York City's largest Korean congregations, had contributed ...
Loaded on
Feb. 15, 2000
published in Prison Legal News
February, 2000, page 25
Heightened tensions between prisoners and guards stemming from the July beating death of Frank Valdes at the hands of Florida State Prison guards may have contributed to a September clash between prisoners and guards at the Union Correctional Center in Raiford.
According to prison officials, six guards were handcuffing Lamar ...
Loaded on
Feb. 15, 2000
published in Prison Legal News
February, 2000, page 25
Whitestone Foundation Focusing on New Post-Sentence Civil Commitment Laws
Whitestone Foundation exposes programs designed to warehouse sex offenders. Since organizing in 1998, Whitestone has gained national attention. Our missions: 1) provide critical analysis of civil commitment programs designed to re-incarcerate criminals in indefinite confinement (touted as mental health treatment), and ...
Loaded on
Feb. 15, 2000
published in Prison Legal News
February, 2000, page 26
The Oregon Court of Appeals upheld a trial court judgment against the Department of Corrections (DOC), concluding that violent crimes committed by a parolee were a reasonably foreseeable consequence of inadequate parole supervision.
In 1984, Cal Brown was convicted of assaulting an Oregon woman. At that time, he had an ...
Loaded on
Feb. 15, 2000
published in Prison Legal News
February, 2000, page 26
A federal district court in Maine held that a miscarriage is a serious medical condition, but dismissed a state law medical negligence claim for failure to comply with the pre-suit screening requirements of the Maine Tort Claims Act (MTC).
On June 13, 1996, Melissa Ferris was booked into the Kennebec ...
Loaded on
Feb. 15, 2000
published in Prison Legal News
February, 2000, page 27
The court of appeals for the Ninth circuit held that a district court abused its discretion in denying a motion to retax costs when the losing plaintiff was indigent and the effect of taxing costs against the plaintiff would chill future civil rights claimants.
This non prison case arose when ...
Loaded on
Feb. 15, 2000
published in Prison Legal News
February, 2000, page 27
The U.S. court of appeals for the Second Circuit held that it is inappropriate to enter summary judgment against a pro se litigant if there is no indication that the litigant understands the requirements for summary judgment.
In 1995, Stanley McPherson was a state prisoner confined to the Orleans Correctional ...
Loaded on
Feb. 15, 2000
published in Prison Legal News
February, 2000, page 28
Brazil: More than 40 prisoners escaped from a jail in Sao Paulo on August 15, 1999 after twenty men overpowered, beat and tied up the guards and unlocked the cell doors. A shoot-out with police left one of the jailhouse liberators dead.
CA: A July 10, 1999 brawl at the ...
