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Prison Legal News: November, 1993

Issue PDF
Volume 4, Number 11

In this issue:

  1. Well Established Right to Release From Control Unit (p 1)
  2. Litigation and Service Protected by First Amendment (p 1)
  3. Florida Conditions Victory Reversed (p 2)
  4. WI Ad Seg Rules Don't Create Liberty Interest (p 3)
  5. Standard for Modifying Consent Decrees Explained (p 3)
  6. Statement of Claim Must Rely Solely on Complaint (p 4)
  7. Section 1983 Not Estopped by State Court Ruling (p 4)
  8. No Right to Forfeit Goodtime (p 4)
  9. Prosecutorial Liability Explained (p 5)
  10. Seg Prisoners Entitled to Congregate for Religious Services (p 5)
  11. Chain of Custody on Urine Sample (p 6)
  12. Pages from a Jailhouse Journal (p 6)
  13. Biased Hearing Officer Violates Due Process (p 9)
  14. Lack of Shower/Bathroom Curtains Violate Privacy (p 9)
  15. Republicans Introduce Crime Bill (p 10)
  16. Editorial (p 10)
  17. Report from the Hole (p 11)
  18. Chained Detainee Wins Restraint Case (p 12)
  19. The Politics of Imprisonment (p 13)
  20. Political Prisoner Information Wanted (p 15)
  21. Brazil's Final Solution to the Crime Problem (p 15)
  22. 700 Moroccan Prisoners Escape (p 15)
  23. Stop the Forced Psychiatric Treatment of Georges Cipriani (p 15)

Well Established Right to Release From Control Unit

Well Established Right To Release From Control Unit

Harvey hall is a Missouri State prisoner. While in protective custody at the Missouri State penitentiary (MSP) Hall was found in possession of contraband and placed in the Special Management Facility (SMF). After six months in the SMF the classification committee recommended ...

Litigation and Service Protected by First Amendment

Eric Schroeder is a Hawaii State prisoner. While working in the prison law library he assisted other prisoners with their legal problems. Another prisoner asked Schroeder to serve Tranquillino Mabellos, a staff education specialist at the prison, with a summons and complaint in a civil action. Schroeder agreed and served ...

Florida Conditions Victory Reversed

This 42 U.S.C. § 1983 case was initiated by ten present and former prisoners at Glades Correctional Institution (GCI) in Florida. They sought money damages and injunctive relief for cruel and unusual punishment and other unconstitutional conditions of confinement. The district court held a trial and granted damages and ...

WI Ad Seg Rules Don't Create Liberty Interest

Wisconsin regulations governing the transfer of state prisoners to "temporary lockup" status do not create a protected liberty interest under the fourteenth amendment due process clause, a majority of the Wisconsin supreme court ruled June 3, 1993. The majority agreed with Smith v. Shettle , 946 F.2d 1250 (7 th ...

Standard for Modifying Consent Decrees Explained

Standard For Modifying Consent Decrees Explained

In 1976 prisoners in the Hamilton County, OH, jail filed suit challenging their conditions of confinement. The parties entered into a consent decree which settled all claims. Within five weeks of the decree's entry, in 1985, the jail's population began to exceed ...

Statement of Claim Must Rely Solely on Complaint

Scott Swoboda was a jail detainee in Doniphan County, Kansas. He filed suit under § 1983 over numerous conditions of confinement at the county jail. The district court dismissed the suit pursuant to Fed.R.Civ.12(b)(6), concluding that the lawsuit failed to state a claim upon which relief ...

Section 1983 Not Estopped by State Court Ruling

Santiago Ramirez is a New York state prisoner. An informant told a prison sergeant that Ramirez had a shank concealed in his cell. Acting on this information Ramirez's cell was searched and a shank was found. Ramirez was infracted and at his disciplinary hearing he requested that the sergeant ...

No Right to Forfeit Goodtime

Helen Woodson was a federal prisoner serving twelve years on four counts of destroying government property arising out of protests at ICBM missile sites. She is a member of the Plowshares, a Christian group that takes literally the bible's command to beat swords into plowshares (i.e., they enter ...

Prosecutorial Liability Explained

Stephen Buckley sought damages, under 42 U.S.C. § 1983, from prosecutors for fabricating evidence during the preliminary investigation of a highly publicized rape and murder case in Illinois, and for making false statements at a press conference announcing the return of an indictment against him. He claimed the prosecutors ...

Seg Prisoners Entitled to Congregate for Religious Services

Richard Salahuddin was a Muslim New York State prisoner. In 1985 he was transferred to the Sullivan Correctional Facility (SCF), which was still under construction. At the time of his transfer and during his stay at SCF he was on "keeplock" status, as were all other prisoners at the prison ...

Chain of Custody on Urine Sample

Federal courts in New York have held that due process requires a prison disciplinary body to establish a reasonably reliable chain of custody as a foundation for introducing the results of urinalysis tests into evidence at prison disciplinary hearings. This chain of custody requirement, the courts have said, mandates a ...

Pages from a Jailhouse Journal

By Nick DiSpoldo

The present Supreme Court, led by Chief Justice William Rehnquist, has modified nearly all of the rights granted prisoners under the Warren court (1953 -- 69). Mr. Rehnquist, whom I suspect serves as technical advisor for television's Night Court , was appointed to the court in 1972 by ...

Biased Hearing Officer Violates Due Process

Biased hearing Officer Violates Due Process

Robert Ramirez is a federal prisoner. He had been imprisoned at the US penitentiary in Marion, IL, and had gone through that prison's transfer process and was moved to Leavenworth. While at Leavenworth Ramirez was infracted for involvement in a drug operation and ...

Lack of Shower/Bathroom Curtains Violate Privacy

Douglas Arey is a Maryland State prisoner. While at a recently built pre release center he complained that the lack of shower curtains and bathroom partitions, which allowed female guards to observe his genitals, violated his right to privacy. Prison officials took no corrective action.

While Arey was using the ...

Republicans Introduce Crime Bill

By Paul Wright

In last month's issue of PLN , I reported on President Clinton's crime bill, which he unveiled at an August 11, 1993, press conference. It turns out that a week before this, with considerably less fanfare, Senate Minority Leader Robert Dole (R-Kansas) and House Minority Leader ...

Editorial

Editorial Comments

By Ed Mead

Welcome to another issue of Prison Legal News . This month I want to bring you up-to-date on how we have been doing with our efforts to increase our subscriber base and the number of paying readers. Since last May, every month we have been sending ...

Report from the Hole

Report From The Hole

By Adrian Lomax

The guard stood in the middle of the seg unit, counting, 26 of the 40 cells had the 3x12 inch Plexiglas windows in the cell doors covered with paper form the inside. The 5:00 PM count approached, and the guard knew that ...

Chained Detainee Wins Restraint Case

At the Madison County Jail in Indiana a pre-trial detainee named Jones became despondent and tried to hang himself, after learning that his four months pregnant girlfriend had taken a job as an exotic "topless" dancer. Jail officials busted Jones and moved him to a barren detox cell, where he ...

The Politics of Imprisonment

By Ed Mead

Peoples' fear of being victimized by crime has steadily risen over the past couple of decades. This has been particularly true for women, the elderly, and minority communities.

While there has always been a substantial amount of crime in the U.S., its general level (rate of ...

Political Prisoner Information Wanted

We are an autonomist collective in Spain. Right now we are working on releasing a compilation tape of music to help fund the distribution of a booklet on political prisoners. We would like to receive as much information as possible from political prisoners and groups that work with and around ...

Brazil's Final Solution to the Crime Problem

The American media has recently reported on the massacre of street children in Brazil by policemen paid by merchants to "get rid of" their crime problem. Due to massive poverty there are hundreds of thousands of homeless children in Brazil who survive any way they can, even if it means ...

700 Moroccan Prisoners Escape

Close to 700 Prisoners of the Utita prison, about 60 miles east of the Moroccan capital of Rabat, escaped on May 22, 1993. The escape took place after the prisoners rioted and burned down virtually the entire prison. The 1,600 prisoners rioted when one of the guards brutally beat ...

Stop the Forced Psychiatric Treatment of Georges Cipriani

Stop the Forced Psychiatric Treatment of Georges Cipriani!

Georges Cipriani was captured in February, 1987 together with three other militants of Action Directe in France. The French government charged them with several armed actions against the military industrial complex and NATO. The took responsibility for the actions as members of ...