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Fear Alone Doesn't Violate Eighth Amendment: No Immunity for Retaliation by The court of appeals for the seventh circuit held that a prisoner's fear of being attacked, by itself, does not violate the eighth amendment. The court also held that prison officials who retaliate against prisoners who complain about prison …
Article • June 15, 1997 • from PLN June, 1997
Texas Sheriff Exploits Prisoner Labor by 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 …
No Frivolousness Review Allowed When Filing Fee Paid by 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 …
Article • September 15, 1996 • from PLN September, 1996
Filed under: Classification, Transfers
Mass Transfer Madness by Willie Wisely by W. Wisely On April 1, 1996, the California Department of Corrections began the first phase of its "180/270" transfer plan for Level IV prisoners. All prisoners housed in Level IV prisons have been classified for retention in either a "180" or "270" degree …
Retaliation Claims Survive Sandin, but PI Reversed by The court of appeals for the ninth circuit has held that prisoner retaliation claims have survived the supreme court ruling in Sandin but that prisoners bear a heavy burden when seeking a preliminary injunction (PI) on a retaliation claim. In the December, …
Prison Officials Can't Moot Law Library Suit by Transfer by The court of appeals for the ninth circuit has ruled that prison officials cannot moot a court's order for injunctive relief by transferring the prisoner plaintiff to another prison. It also held that issues not raised in parties' opening appeal …
Washington Court Access Suit Settled by Paul Wright In the April, 1994, issue of PLN we reported the filing of Scott v. Peterson which challenged numerous aspects of court access for Washington state prisoners. On October 31, 1995, most of the suit was settled and the settlement terms were effective …
Article • January 15, 1995 • from PLN January, 1995
Conditions in Thai Prisons for US Prisoners by Reader Mail Right now there are 31 American women and approximately the same number of men incarcerated in Thailand prisons on drug charges. Justice and impartial legal representation are not part of the equation here. Trials take years; guilt is assumed upon …
Federal Crime Bill Passes by Paul Wright By Paul Wright In the October and November, 1993, issues of PLN, I wrote articles about the "anti-crime" proposals that had been submitted in the US Congress by democrats and republicans, respectively. I predicted then the most repressive aspects of both proposals would …
Article • November 15, 1994 • from PLN November, 1994
Transferee Entitled to Sending State Case Law by James Clayton is an Oklahoma state prisoner subjected to an involuntary out of state transfer to New Mexico. Clayton had several pro se legal matters pending in Oklahoma state courts at the time of his transfer. The New Mexico prison system did …
Article • November 15, 1994 • from PLN November, 1994
Refusal to Help Prisoner Eat Illegal by A Wisconsin state prisoner suffering from amyotrophic lateral sclerosis (ALS), also known as Lou Gehrig's disease, had difficulty eating due to weakness in his arms, hands, jaw, facial and throat muscles used in eating due to the disease's progression. Part of the treatment …
Biased Hearing Officer Violates Due Process by 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 …
Article • November 15, 1993 • from PLN November, 1993
Seg Prisoners Entitled to Congregate for Religious Services by 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" …
Article • October 15, 1993 • from PLN October, 1993
Cops Shaft Informant by In 1989 John Fay was serving a 15-35 year sentence for a second degree murder committed in 1973 and a 1984 armed robbery. While at the county jail pending a hearing on the robbery conviction, Fay came in contact with two guys who had just been …
Article • August 15, 1993 • from PLN August, 1993
Dismissal Error for Failing to Obey Local Rules by Ronald Kilgo is a Georgia state prisoner. When he was in the Fulton County Jail he filed suit under § 1983 because jail officials had repeatedly refused his requests for medical treatment of a back injury and had subjected him to …
Article • August 15, 1993 • from PLN August, 1993
Overcrowding Emergency Measures Get Old by In Worthington v. Fauver, 440 A2d 1128 (1982), the New Jersey Supreme Court upheld an order by the governor, under the state's Civil Defense and Disaster Control Act, transferring state prisoners from overcrowded state prisons to county institutions. After more than a decade of …
Article • July 15, 1993 • from PLN July, 1993
No Qualified Immunity for Medical Indifference by Dennis Hamilton is an Alaska state prisoner. After an ear operation prison officials tried to fly him to a federal prison in Oklahoma. The trip was aborted after the first leg of the trip due to extreme ear pain caused by flying. Hamilton's …
Article • June 15, 1993 • from PLN June, 1993
DC Not Proper Venue for BOP Suits by James Cameron is a federal prisoner. While at the penitentiary at Terre Haute he suffered a massive heart attack. Prison doctors stated he should receive a low sodium diet. The prison at Terre Haute could not provide a special diet and the …
Transfers May Violate Eighth Amendment by Timothy Taylor is a small, mentally retarded Michigan state prisoner. While at the Jackson state prison Taylor was transferred to a camp where he was raped. After being raped prison officials labeled him a homosexual and he was denied a job and resident home …
Transferred Con Has Right to Books of Sending State by AUtah prisoner was subjected to what he claimed was an involuntary out-of-state transfer to an Arizona prison. The transferred prisoner filed a pro se habeas corpus petition in Superior Court of Arizona seeking, inter alia , access to legal research …
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