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TB Isolation May Violate RFRA

Article • June 15, 1997 • from PLN June, 1997

Filed under: Tuberculosis, Exercise, Religious Freedom Restoration Act, Religious Freedom, Religious Practices

TB Isolation May Violate RFRA by 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 …

Illinois Jail Conditions Suit States Claim

Article • June 15, 1997 • from PLN June, 1997

Filed under: Racial Discrimination, Conditions of Confinement, Totality of Conditions, Food, Exercise, Exposure to Cold, Jail Specific, Reading Materials, Lighting, Noise, Vermin, Service, Failure to Treat (Mental Illness)

Illinois Jail Conditions Suit States Claim by 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 …

Beating and Strip Cell Require Trial

Article • April 15, 1997 • from PLN April, 1997

Filed under: Judicial Misconduct, Racial Discrimination, Eyeglasses, Conditions of Confinement, Ventilation, Exercise, Exposure to Cold, Clothing, Water, Strip Cells, Bedding, Hygiene Supplies, Guard Brutality/Beatings, Restraints, Writing Implements, Complaints

Beating and Strip Cell Require Trial by The court of appeals for the tenth circuit held that beating a naked, handcuffed, non-resisting prisoner violates the eighth amendment; that placing a prisoner in a strip cell without blankets or heating violates the eighth amendment as well. The court also discussed when …

Double Celling States Eighth Amendment Claim

Article • April 15, 1997 • from PLN April, 1997

Filed under: Conditions of Confinement, Totality of Conditions, Overcrowding, Eighth Amendment, Exercise, Law Library Access/Adequacy, Failure to Protect (Juveniles)

Double Celling States Eighth Amendment Claim by The court of appeals for the third circuit set forth the conditions under which double celling will violate the eighth amendment. The court also held that segregation prisoners are entitled to legal assistance to present their claims to the courts. Several New Jersey …

Pierce County (Tacoma) Jail Suit Settled

Article • March 15, 1997 • from PLN March, 1997

Filed under: Systemic Medical Neglect, Medical Expenses, Overcrowding, Staffing, Exercise, Clothing, Bedding, Jail Specific, Settlements, Religious Freedom, Religious Practices

Pierce County (Tacoma) Jail Suit Settled by In the February, 1995, issue of PLN we reported the filing of Herrera v. Pierce County, a class action suit challenging overcrowding and various other unconstitutional conditions at the Pierce County jail in Tacoma, Washington. The suit was settled in mid 1996 in …

Corcoran Prison Cover-up

Article • February 15, 1997 • from PLN February, 1997

Filed under: Guard Misconduct, DOC/BOP misconduct, Gang Policies, Retaliation, Whistleblowing, Prison/Jail Murders, Exercise, Guard Brutality/Beatings, Shootings, Guard Unions

Corcoran Prison Cover-up by Willie Wisely by W. Wisely On October 7, 1994, former California prison guard Richard Caruso decided he had enough. The frequent shooting of prisoners forced into fights staged, then covered up, by guards at Corcoran prison's Security Housing Unit (SHU) weighed on his conscience. So, Caruso …

PI Granted on Winter Clothing Claim

Article • December 15, 1996 • from PLN December, 1996

Filed under: Conditions of Confinement, Exercise, Exposure to Cold, Clothing, Preliminary Injunctions/TRO's

PI Granted on Winter Clothing Claim by Afederal district court in New York granted a preliminary injunction ordering prison officials to provide segregation unit prisoners with winter clothes in order for them to have access to outdoor exercise. Ronald Davidson, a New York state prisoner, filed suit challenging the inadequacy …

IMU Placement Implicates Due Process

Article • September 15, 1996 • from PLN September, 1996

Filed under: Liberty Interests, Conditions of Confinement, Food, Ventilation, Exercise, Hygiene Supplies, Reading Materials, Lighting, Noise, Injunctions, Qualified Immunity, Publications/Books, Mail Regulations, Legal Mail, Ad-Seg Hearings

IMU Placement Implicates Due Process by The court of appeals for the ninth circuit held that an Oregon prisoner's transfer to an Intensive Management Unit (IMU) control unit may violate due process if done without procedural due process. The court also held that several control unit conditions stated a claim …

Segregation Enhancement May Violate Due Process

Article • July 15, 1996 • from PLN July, 1996

Filed under: Liberty Interests, Sanctions (Disciplinary Hearings), Notice of Hearing, Conditions of Confinement, Exercise, Bedding, Shelter, Qualified Immunity

Segregation Enhancement May Violate Due Process by A federal district court in New York held that extending a prisoner's term in segregation without a hearing may violate his right to due process because it imposed an atypical hardship because this particular prisoner was almost seven feet tall and had difficulty …

Zimmer Amendment Passed

Article • July 15, 1996 • from PLN July, 1996

Filed under: Exercise, Prisoner Privileges, Prisoner Property, Media, Censorship, Federal Legislation

Zimmer Amendment Passed by When president Bill Clinton signed the budget for the Department of Justice it included a rider inserted by Congressman Dick Zimmer (R-NJ). In its entirety it states: "None of the funds made available in this Act shall be used to provide the following amenities or personal …

Weight Lifting Info Available on the Internet

Article • February 15, 1996 • from PLN February, 1996

Filed under: Resources, Conditions of Confinement, Exercise

Weight Lifting Info Available on the Internet by Past issues of PLN have reported on the efforts to halt or curtail weight lifting in prison. Strength Tech, Inc., a supplier to the prison weight lifting industry, has created and dedicated an Internet web site to the issue of prison weight …

SC Takes Weights

Article • November 15, 1995 • from PLN November, 1995

Filed under: Conditions of Confinement, Exercise, Prisoner Privileges

SC Takes Weights by Joining Wisconsin, Mississippi and Arizona the South Carolina DOC banned weight lifting in its prisons in early July, 1995. All weight lifting equipment was removed from that state's prisons and will be made available to prison guards and students at the state Criminal Justice Academy. Prior …

Translators Required for Medical Interviews

Article • October 15, 1995 • from PLN October, 1995

Filed under: Conditions of Confinement, Exercise, Strip Cells, Injunctions, Interpreters, Suicides

Translators Required for Medical Interviews by Pretrial detainees and convicted prisoners held in the Kern County, CA jail filed a class action suit challenging the jail's use of padded safety cells for violent and suicidal prisoners and other jail conditions. The district court held that the "safety cells," consisting of …

Detainees Entitled to Exercise and Law Library

Article • October 15, 1995 • from PLN October, 1995

Filed under: Exercise, Court Access, Law Library Access/Adequacy, Qualified Immunity

Detainees Entitled to Exercise and Law Library by Pretrial detainees, like convicted prisoners, retain a right of access to the courts and to outdoor exercise. Jim Housley was a pretrial detainee in the Custer County jail in Oklahoma. He filed suit under 42 U.S.C. § 1983 claiming that his constitutional …

Translators Required for Medical Interviews

Article • August 15, 1995 • from PLN August, 1995

Filed under: Conditions of Confinement, Exercise, Strip Cells, Injunctions, Interpreters, Suicides

Translators Required for Medical Interviews by Pretrial detainees and convicted prisoners held in the Kern County, CA jail filed a class action suit challenging the jail's use of padded safety cells for violent and suicidal prisoners and other jail conditions. The district court held that the safety cells, consisting of …

WA Passes Record Anti-Prisoner/Defendant Legislation

Article • August 15, 1995 • from PLN August, 1995

Filed under: Discrimination, Sex Offender Registration, Sex Offenders (Discrimination), Prison Industries, Prison Labor, Medical Expenses, Sanctions (Disciplinary Hearings), Victims, Boot Camps, Overcrowding, Staffing, Exercise, Hygiene Supplies, Public Defenders, Prisoner Privileges, Education, Good Time, Parole, Probation, Seizure of Prisoner Funds, Restitution, Immigration, Extended Family Visiting, Religious Names, State Legislation

WA Passes Record Anti-Prisoner/Defendant Legislation by Paul Wright By Paul Wright In the March, 1995, issue of PLN I gave a rundown on most of the anti-prisoner and defendant legislation then pending in the legislature. After we had gone to press for that issue Ida Ballasiotes, the rabid chair of …

Qualified Immunity Granted for Denial of Exercise

Article • July 15, 1995 • from PLN July, 1995

Filed under: Eighth Amendment, Exercise, Qualified Immunity, Control Units/SHU/Solitary Confinement

Qualified Immunity Granted for Denial of Exercise by In the May, 1994, issue of PLN we reported Allen v. City and County of Honolulu, 39 F.3d 936 (9th Cir. 1994) which held that prison officials were not entitled to qualified immunity for denying a segregated prisoner at least one hour …

Pen, Photocopies and Exercise Must Be Provided

Article • June 15, 1995 • from PLN June, 1995

Filed under: Exercise, Court Access, Writing Implements, Photocopies, Qualified Immunity

Pen, Photocopies and Exercise Must Be Provided by Prisoners held in segregation and control units have a clearly defined right to court access, which includes proper writing materials and adequate writing materials. They also have a well defined right to outdoor exercise. John Allen and Terry Smith are Hawaii state …

AZ DOC Takes Weights

Article • June 15, 1995 • from PLN June, 1995

Filed under: Conditions of Confinement, Exercise

AZ DOC Takes Weights by In December, 1994, the Arizona DOC completed its project of removing all weight lifting equipment from its prison system. The weight equipment was donated by the DOC to various schools and non profit organizations with athletic programs. This is part of the long running campaign …

Prisoners Can't be Forced to Choose Between Law Library and Recreation

Article • May 15, 1995 • from PLN May, 1995

Filed under: Exercise, Law Library Access/Adequacy, Qualified Immunity, Control Units/SHU/Solitary Confinement

Prisoners Can't be Forced to Choose Between Law Library and Recreation by John Allen is a Hawaii state prisoner held in a Special Housing Unit (SHU) after allegedly assaulting a guard. His SHU confinement was indefinite. While in SHU he could use the law library and outdoor recreation area only …