What is the most profitable industry in America? Weapons, oil and computer technology all offer high rates of return, but there is probably no sector of the economy so abloom with money as the privately-run prison industry.
Consider the growth of the Corrections Corporation of America, the industry leader whose ...
Loaded on
June 15, 1997
published in Prison Legal News
June, 1997, page 5
A federal district court in San Francisco enjoined the state of California from putting its death row prisoners onto a federal court habeas "fast track." In the August, 1996, issue of PLN we reported enactment of the Anti-Terrorism and Effective Death Penalty Act (AEDPA). One of the act's provisions is ...
CCA's connection with local politics began when the Nashville-based company was formed during Governor Lamar Alexander's administration. When CCA made a bid to operate Tennessee's entire prison system in 1985, the governor's wife, Honey Alexander, was criticized for owning $5,000 of CCA stock. She realized a substantial profit ($100,000) when ...
Loaded on
June 15, 1997
published in Prison Legal News
June, 1997, page 5
Lubbock county sheriff Sonny Keesee runs an auto repair shop with a twist. Most of its customers are sheriff's deputies. The mechanics are jail-detainees hand-picked for their mechanic skills.
Andy Gentry, a Lubbock county sheriff's deputy, got the engine of his 1989 Toyota replaced for $250 in labor costs. Daniel ...
The Bad News: In April of this year longtime PLN supporter Jerry Dreva died in his sleep from a heart attack. An artist and revolutionary, Jerry could always be counted on to help. Last year he made possible our 28 page issue commemorating the tenth anniversary of the 1986 uprising ...
Loaded on
June 15, 1997
published in Prison Legal News
June, 1997, page 7
The court of appeals for the second circuit reaffirmed that prison officials violate the constitution when they retaliate against prisoners who file administrative grievances. The court discussed the standard of review in prison retaliation cases.
Patrick Graham is a New York state prisoner. After prison grievance representatives contacted Graham about ...
Loaded on
June 15, 1997
published in Prison Legal News
June, 1997, page 7
In the July, 1994, issue of PLN we reported Canedy v. Boardman, 16 F.3d 183 (7th Cir. 1993) which reversed dismissal of a Muslim prisoner's suit claiming violation of his religious rights when guards of both sexes could see him naked. On remand the district court granted judgment as a ...
Loaded on
June 15, 1997
published in Prison Legal News
June, 1997, page 8
One of the PLRA's stated purposes was to cut down on "frivolous" prisoner litigation by requiring full payment of filing fees and imposing a "three strikes" limitation on prisoners who have had more than three suits dismissed for being frivolous or not stating a claim. Apparently the PLRA isn't enough ...
Loaded on
June 15, 1997
published in Prison Legal News
June, 1997, page 8
On February 4, 1997, Boyce Martin, chief judge of the sixth circuit, issued an administrative order directing all circuit and district court judges in the sixth circuit to apply the In Forma Pauperis (IFP) provisions of the Prison Litigation Reform Act (PLRA) uniformly to all complaints or notices of appeal ...
Loaded on
June 15, 1997
published in Prison Legal News
June, 1997, page 9
In two separate rulings, the court of appeals for the fifth circuit held that litigants must pay the filing fees in all civil cases pending on the date the Prison Litigation Reform Act (PLRA) was signed into law on April 26, 1996. Louella Strickland filed suit challenging prison conditions and ...
Loaded on
June 15, 1997
published in Prison Legal News
June, 1997, page 9
The court of appeals for the ninth circuit held that the filing fee requirements of the Prison Litigation Reform Act (PLRA) do not apply to habeas corpus proceedings. "We... hold that the forma pauperis provisions of the PLRA relating to prisoner civil actions and appeals do not apply to habeas ...
Loaded on
June 15, 1997
published in Prison Legal News
June, 1997, page 9
A federal district court in Massachusetts avoided ruling on the constitutionality of the Prison Litigation Reform Act's (PLRA) provisions requiring immediate termination of jail and prison consent decrees, 18 U.S.C. § 3626(b)(2), by refusing to vacate a jail consent decree but instead holding the decree would no longer be enforced ...
One form of remedy available in federal court, including in some prison cases, is a "declaratory judgment." This column discusses what a declaratory judgment is, why you might want one in some cases, and the requirements for getting one.
What Is A Declaratory Judgment And When Should I Ask For ...
Loaded on
June 15, 1997
published in Prison Legal News
June, 1997, page 11
The U.S. Parole Commission has said that it was so disturbed by the amount of information available on the Internet about child sex rings, recipes for explosives, and plans for hate crimes that in December, 1996, without holding any public hearings, it approved restrictions on the use of computers by ...
Loaded on
June 15, 1997
published in Prison Legal News
June, 1997, page 12
Of the prisons built in Texas over the past four years, in about a third of them the boilers don't meet the state safety standards because of installation and design mistakes, resulting in state regulators issuing at least 146 waivers of Texas' strict boiler safety laws - a record.
The ...
Loaded on
June 15, 1997
published in Prison Legal News
June, 1997, page 13
Between 1984 and 1994, the number of non U.S. citizens serving time in a federal prison increased an average of 15 percent annually, from 4,088 to 18,929. The overall federal prison population, by contrast, increased an average of 10 percent annually, from 31,105 to 87,437. Fifty-five percent of the non-citizens ...
Loaded on
June 15, 1997
published in Prison Legal News
June, 1997, page 13
The court of appeals for the seventh circuit affirmed a jury verdict of $10,000 in favor of a prisoner whose cell was opened by a guard in order for him to be attacked by other prisoners. Edward Paulick, an Illinois state prisoner, was a member of the Northsiders gang and ...
Loaded on
June 15, 1997
by Mr Wolf
published in Prison Legal News
June, 1997, page 14
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 indicative of the folly being exhibited as states ...
Loaded on
June 15, 1997
published in Prison Legal News
June, 1997, page 15
The court of appeals for the ninth circuit held that before a party can be held in contempt for violating a consent decree, the decree must set forth the required conduct in specific detail. Prisoners at the California Medical Facility (CMF) in Vacaville filed suit challenging inadequate medical and psychiatric ...
Loaded on
June 15, 1997
published in Prison Legal News
June, 1997, page 16
Herbert Green, a 51 year old African-American prisoner, filed a pro se §1983 action against Robert Konkel, a prison guard at Calipatria State Prison, alleging that Konkel violated his eighth amendment rights by shooting him. The case proceeded to trial where a jury awarded Greene $1 in compensatory damages and ...
Loaded on
June 15, 1997
published in Prison Legal News
June, 1997, page 16
For several years PLN ran a free ad for Freedom Press, a post-conviction paralegal service based in Virginia and headed by James Gossard. After receiving a couple of complaints about their service, PLN discontinued the ad in May of 1995. We contacted Gossard and presented him with the complaints we ...
Loaded on
June 15, 1997
published in Prison Legal News
June, 1997, page 17
In California there is a prisoner work program that is supposed to save taxpayers up to $50 million a year. However, a new study has shown that taxpayers are shelling out $180,000 annually. The program generates about $340,000 a year for the state, but costs the state $520,000 to administer ...
Loaded on
June 15, 1997
published in Prison Legal News
June, 1997, page 17
The court of appeals for the second circuit held that a vision impaired prisoner who is denied medically prescribed eyeglasses states a claim for violation of the eighth amendment. The court also gave some interesting comments that this case should not be confused with "frivolous" litigation cited by anti-prisoner propagandists. ...
Loaded on
June 15, 1997
published in Prison Legal News
June, 1997, page 18
In January of 1997 authorities at California's Folsom State Prison launched an investigation to find out who carved a swastika and a "white power" insignia into the stock of a staff rifle.
Sgt. Jim Cook, president of the Folsom chapter of the CA prison guard's union (CCPOA) speculated that somebody ...
Loaded on
June 15, 1997
published in Prison Legal News
June, 1997, page 18
The court of appeals for the seventh circuit held a district court erred in dismissing a pretrial detainee's conditions of confinement suit for failure to state a claim under Fed.R.Civ.P. 12(b)(6). The court also held it was error to dismiss defendants not properly served by the marshalls service. Michael Antonelli ...
Loaded on
June 15, 1997
published in Prison Legal News
June, 1997, page 19
In a case of first impression the court of appeals for the seventh circuit held that a plaintiff who files and loses a Bivens suit against federal officials is not automatically barred from filing a tort suit against the United States over the same facts. David Sterling is a federal ...
Loaded on
June 15, 1997
published in Prison Legal News
June, 1997, page 19
A federal district court in California held that the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132 and the Rehabilitation Act (RA) of 1973, 29 U.S.C. § 794, apply to state prisons and were violated when an HIV+ prisoner and his HIV+ wife were denied Extended Family Visits (EFV). ...
Loaded on
June 15, 1997
published in Prison Legal News
June, 1997, page 20
The California state court of appeals affirmed a superior court granting a writ of habeas corpus to a prisoner who was denied contact visits with his attorney.
Alan Roark is a California state prisoner represented by Charles Lindner in his direct criminal appeal. Lindner has a precision made prosthetic leg ...
Loaded on
June 15, 1997
published in Prison Legal News
June, 1997, page 20
The court of appeals for the eighth circuit held that a district court erred when it dismissed portions of a pro se prisoner's complaint after the filing fee had been paid. The lower court also erred when it instructed the defendants not to respond to the suit unless instructed to ...
Loaded on
June 15, 1997
published in Prison Legal News
June, 1997, page 21
Edited by G. Larry Mays and Tara Gray; Anderson Publishing (1996)
This 185 page overview of prison privatization issues presents a thorough examination of the topic without coming down on one side or the other of the privatization question. With that said, the many problems and pitfalls revealed in its ...
Loaded on
June 15, 1997
published in Prison Legal News
June, 1997, page 21
In the March, 1994, issue of PLN we reported Goff v. Burton, 7 F.3d 734 (8th Cir. 1993) in which the eighth circuit court of appeals reversed a district court ruling in favor of George Goff, an Iowa prisoner who was retaliated against by prison officials for his legal activities. ...
Loaded on
June 15, 1997
published in Prison Legal News
June, 1997, page 22
The court of appeals for the seventh circuit held that a pro se litigant is entitled to court appointed counsel in order to discover the identity of defendants and the statute of limitations was subject to equitable tolling while discovery took place. James Donald was arrested by Chicago police and ...
Loaded on
June 15, 1997
published in Prison Legal News
June, 1997, page 22
The court of appeals for the third circuit held that the 120 day period allowed for amending complaints under Fed.R.Civ.P. 15(c) is suspended while a district court makes an In Forma Pauperis (IFP) determination under 28 U.S.C. § 1915. Donald Urrutia, a Pennsylvania state prisoner, sued various police agencies claiming ...
Loaded on
June 15, 1997
published in Prison Legal News
June, 1997, page 22
On Valentines Day, 1997, fifteen youngsters from a residential treatment center for boys and girls with psychiatric and substance-abuse problems were touring the Eastham Unit prison in Texas as part of a "scared straight" visitation program. Five of the youths later reported they were sexually molested by prisoners during the ...
Loaded on
June 15, 1997
published in Prison Legal News
June, 1997, page 23
The court of appeals for the seventh circuit held that a prisoner's forced attendance at a religion based substance abuse counseling program violates the establishment clause of the first amendment. James Kerr is a Wisconsin state prisoner in a minimum security prison. Prison policy required prisoners with drug abuse problems ...
Loaded on
June 15, 1997
published in Prison Legal News
June, 1997, page 23
The court of appeals for the third circuit held that the Bureau of Prisons (BOP) owes federal prisoners a duty of care and that a district court erred in ruling otherwise. Rother Jones is a federal prisoner who filed a negligence suit against the United States after BOP officials denied ...
Loaded on
June 15, 1997
published in Prison Legal News
June, 1997, page 23
A federal district court in Indiana held that a prison policy of isolating Muslim prisoners who refused tuberculosis screening tests may violate the Religious Freedom Restoration Act (RFRA), 42 U.S.C. § 2000bb(b)(1) and the eighth amendment. Indiana prisoners who refuse TB tests involving the injection of TB germs are placed ...
Loaded on
June 15, 1997
published in Prison Legal News
June, 1997, page 24
Brazil: On February 28, 1997, police stormed the Anibal Bruno prison in Recife where three prisoners were holding two guards and 20 prison visitors hostage in an escape attempt. When negotiations stalled the prisoners killed the guard hostages after which police stormed the prison, killing the prisoners and one hostage. ...
Loaded on
June 15, 1997
published in Prison Legal News
June, 1997, page 25
The court of appeals for the seventh circuit held that when a prisoner challenges a disciplinary hearing via federal habeas corpus collateral consequences will be presumed by the court. Martin Bryan is an Indiana state prisoner. He was infracted for allegedly reaching through his cell bars and attempting to hit ...
Loaded on
June 15, 1997
published in Prison Legal News
June, 1997, page 26
The court of appeals for the second circuit held that federal district courts may not delegate to the Bureau of Prisons (BOP) the responsibility to devise a restitution payment schedule pursuant to the Inmate Financial Responsibility Program (IFRP), 28 C.F.R. § 545.10. Daniel Mortimer was convicted of various felonies in ...
Loaded on
June 15, 1997
published in Prison Legal News
June, 1997, page 26
The court of appeals for the seventh circuit held that a prison policy prohibiting prisoners from wearing crucifixes and all other religious jewelry violated the Religious Freedom Restoration Act (RFRA), 42 U.S.C. § 2000bb. In the August, 1996, issue of PLN we reported Sasnett v. Sullivan, 908 F. Supp. 1429 ...
Loaded on
June 15, 1997
published in Prison Legal News
June, 1997, page 26
A federal district court in Mississippi held that the due process rights of two pre trial detainees were violated when they were placed in disciplinary segregation without a hearing. The court awarded each detainee $600 in damages. The court also taxed litigation costs against the defendants.
Percy Dean and Charles ...
Loaded on
June 15, 1997
published in Prison Legal News
June, 1997, page 27
Past issues of PLN have detailed the litigation in Wright v. Riveland, the federal class action suit challenging the legality of RCW 72.09.480, a Washington state statute that mandates the seizure, without exceptions, of 35% of all funds sent to prisoners. On May 16, 1997, a class action suit was ...
Loaded on
June 15, 1997
published in Prison Legal News
June, 1997, page 27
A Mass. superior court judge ruled the state owes 2,253 current and former state prisoners about $1 million because they were not given a pay raise mandated by DOC regulations.
In April 1991, new DOC regulations were issued that raised the top rate for full-time workers from $1 to $1.35 ...
Loaded on
June 15, 1997
published in Prison Legal News
June, 1997, page 27
A federal district court in Delaware awarded a prisoner $7,500 in damages after ruling the prisoner was beaten without provocation by a prison guard. Augustus Evans, a Delaware state prisoner was in segregation and repeatedly asked guards to turn off his cell light. When they refused he became loud and ...
