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Prison Legal News: March, 1992

Issue PDF
Volume 3, Number 3

In this issue:

  1. The Continuing Racism Against Black Pre-SRA Offenders (p 1)
  2. Prison Radio Program Available (p 2)
  3. Taking of Property May State Federal Claim (p 2)
  4. 'Partial Victory' In Attica Prisoners' Case (p 2)
  5. Probation and Parole Figures Up Again (p 3)
  6. Legislative Update (p 3)
  7. Detainee's Beating is Cruel and Unusual (p 4)
  8. Status of Monroe's Litigation Against Double Bunking (p 4)
  9. Prison Visitor May Not Be Unreasonably Searched (p 5)
  10. The Protection of the Law (p 5)
  11. New York Installs 3,000 Prison Beds (p 5)
  12. Editorial (p 6)
  13. Unsuccessful Litigant Can Be Obligated to Pay Defendant's Cost (p 6)
  14. Constitutional Right for Cons to Buy Lottery Tickets? Federal Court Says Nyet (p 6)
  15. Prisoner Must Be Informed of HIV Status (p 7)
  16. People's War in Peru (p 8)
  17. Credibility of Informants Must be Weighed (p 8)

The Continuing Racism Against Black Pre-SRA Offenders

By Leland Jordan

As most readers know, effective in July of 1984, the State of Washington moved from an indeterminate sentencing scheme to a determinate one. It did so in part on the basis of the conclusions reached by numerous studies of Washington's criminal justice system. These studies concluded ...

Prison Radio Program Available

Women Against Imperialism and Out of Control have produced a 13-part radio program dealing with the American prison system and political prisoners within it. The program has already aired in San Francisco and they are now seeking to distribute it nationally and internationally for a wider airing and distribution.

The ...

Taking of Property May State Federal Claim

Colorado prison officials confiscated a state prisoner's stereo and refused to return it to him. Freeman, the prisoner, filed several administrative grievances with no success. He filed suit in small claims court and defendants did not respond, and when he sought default judgement the state court never answered. Nine ...

'Partial Victory' In Attica Prisoners' Case

From: Workers World Newspaper

A bitterly divided jury returned a mixed verdict Feb. 4 in the lawsuit by former inmates at Attica Prison against four former New York state officials. The suit by the Attica Defense Committee grew out of the bloody, murderous assault by the state against unarmed prisoners ...

Probation and Parole Figures Up Again

Probation And Parole Figures Up Again

It should come as no surprise to PLN readers that all statistics relating to crime and punishment are on the increase. The 1990 probation and parole figures recently released by the Bureau of Justice Statistics contains no surprises.

During 1990 the number of adults ...

Legislative Update

By Carrie Roth, Prison/Community Alliance

As most of you already know, until last November we were planning on trying an initiative to the people which would eliminate the Indeterminate Sentence Review Board. If we had gotten 150,001 signatures within a specified period of time, we could have put ...

Detainee's Beating is Cruel and Unusual

Detainee's Beating Is Cruel And Unusual

Marcus Miller was a detainee in the Tulsa, OK, jail when he was ordered out of the jail law library. Miller refused and jail guards knocked him to the floor, handcuffed him and put him in a holding cell where they beat, kicked ...

Status of Monroe's Litigation Against Double Bunking

By Ed Mead

Bob Stalker, the Washington state attorney for Monroe prisoners on their suit against double bunking, recently visited that prison to discuss the current status of the Litigation with inmate club heads and the Resident advisory Council (RAG). The meeting lasted for approximately two hours, during which Mr ...

Prison Visitor May Not Be Unreasonably Searched

Dawn Cochrane filed suit under 42 U.S.C. 1983 claiming her fourth amendment right to be free from unreasonable searches was violated when she was told to submit to a strip search or she would never be allowed to visit her father in prison again. Cochrane had visited her ...

The Protection of the Law

The Protection Of The Law

By Bill Dunne

There are lots of laws on the books that say the various agencies of the government must do (or not do) this or that for the governed, from whom the "just powers" of those agencies purportedly derive. Two primary principles of democracy ...

New York Installs 3,000 Prison Beds

New York installs 3,000 Prison Beds

In December the New York state DOC began installing 3,000 new bunks in 10 prisons as part of a $40 million emergency program designed to help with overcrowding. The state also hired 760 new guards, many of whom had been laid off ...

Editorial

Editorial Comments

By Ed Mead

Don't be discouraged if not much in the way of struggle is taking place at your prison, as it isn't happening here either. The political situation in your joint is probably pretty much the same as it is at institutions all across the ...

Unsuccessful Litigant Can Be Obligated to Pay Defendant's Cost

Unsuccessful Litigant Can Be Obligated To Pay Defendant's Costs

Three Michigan state prisoners filed suit and were granted permission by the district court to proceed in forma pauperis, without the prepayment of fees or court costs. The case was dismissed on defendant's motion for summary judgment, and the ...

Constitutional Right for Cons to Buy Lottery Tickets? Federal Court Says Nyet

By Robert Pierce

To file or not to file, frivolousness is the question. Wisconsin prisoners answered the question by filing a lawsuit alleging that they were constitutionally entitled to purchase lottery tickets. The action stated that under the first amendment they had a right to buy state revenue enhancement lottery ...

Prisoner Must Be Informed of HIV Status

Prisoner Must Be Informed Of HIV Status

Tyrone McIlwain was a Virginia prisoner who overdosed on heroin and was taken to the Prince William hospital emergency room for treatment. Without his knowledge or consent, blood tests were performed which revealed he was HIV positive (HIV is the virus which causes ...

People's War in Peru

By Paul Wright

In 1980 the Communist Party of Peru (PCP, also known in the media as Sendero Luminoso or Shining Path) launched a popular war of liberation in Peru. The PCP is Maoist in orientation and receives no outside support from any country. In 12 years of guerrilla war ...

Credibility of Informants Must be Weighed

Credibility Of Informants Must Be Weighed

Jerome Russell, a New York state prisoner at Greenhaven prison, was infracted for assaulting another prisoner. Three confidential informants submitted statements to prison officials identifying Russell and four others as the assailants. At his hearing Russell requested that the victim, the other four accused ...