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Consent Decrees Create Enforceable Right by A federal district court in South Carolina held that a consent decree created an enforceable due process right and a prisoner's § 1983 claim for violation of the consent decree was not barred by Sandin v. Conner, 115 S.Ct. 2293 (1995). As court's explore …
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 …
Tent City Jail Erupts in Flames by Most PLN readers are aware of Maricopa County Sheriff Joe Arpaio's reputation as "the meanest sheriff in America," infamous for his tent-city jail, stripped of amenities, sweltering in the Arizona sun under a large neon "Vacancy" sign. Arpaio is unabashedly proud of his …
Article • March 15, 1997 • from PLN March, 1997
BOP Brutality Info Wanted by Kenneth Trentedue died at the Federal Transfer Center in Oklahoma City some time between 9:00 p.m. on August 20 and 3:00 in the morning of August 21, 1995. According to U.S. Department of Justice officials, Kenneth committed suicide. The Oklahoma State Medical Examiner, however, refuses …
Detainee Excessive Force Jury Instructions Reversed by The court of appeals for the seventh circuit held that a district court erred when it instructed a jury on jail guards' good faith immunity defense. Anyone bringing an excessive use of force involving pretrial detainees to trial will find this case helpful. …
Beating Damages Affirmed; PLRA Not Retroactive on Vacated Attorney Fees by The court of appeals for the seventh circuit affirmed a jury verdict awarding damages to two prisoners who were beaten by prison guards and then denied medical care for their injuries for nearly two days. The court held that …
Article • February 15, 1997 • from PLN February, 1997
Stunning Revelations by Adrian Lomax Recently Governor Thompson signed into law a bill permitting prisoner chain gangs in Wisconsin. In a high-tech twist on the old Southern chain gangs, Thompson's program includes requiring prisoners to wear electrical stun belts in addition to being chained at the ankle. When activated, the …
Lawsuits Target Georgia Prison Abuse by Robert Bensing by Robert Bensing, Esq. Prisoners in Georgia have recently filed two lawsuits, challenging the Georgia Department of Corrections' (GDC) shakedowns of Georgia prisons. A shakedown entails a search of an entire prison's prisoner population and prisoner living areas. While the shakedowns are …
Article • February 15, 1997 • from PLN February, 1997
Notes from the Unrepenitentiary by Laura Whitehorn In the last months of 1996, the court system in Israel legalized torture. Preventing "terrorist attacks" makes it necessary, the courts ruled, to use physical torture to extract information from Arab "suspects." Fifty years ago the nazis used similar rationales to justify the …
Circus is in Town by by Mr. Wolf Russian novelist Fyodor Dostoevsky wrote, 'The degree of a civilization in society can be judged by entering its prisons and jails." By the events which unfolded in Phoenix, Arizona during September, 1996, it is no doubt evident now to the world at …
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 …
Article • December 15, 1996 • from PLN December, 1996
Texas Guard Cleared in Controversial Shooting by Last month PLN reported "In Harm's Way: Texas Prisoner Killed," about the fatal shooting of 21-year-old prisoner Daniel Miguel Avellaneda by 35-year-old French Robertson Unit prison guard Neal Harms. Six weeks and one day after the July 8 shooting, a Jones County grand …
Article • November 15, 1996 • from PLN November, 1996
Eight Corcoran Guards Fired, Five Reinstated by On the morning of May 15, 1995, five prisoners at the Calipatria state prison stormed an A Facility program office and stabbed a sergeant. Other guards rushed to help and a wild brawl ensued. Eight guards were injured in the melee. [See: 'CA …
Macing and Restraints State Eighth Amendment Claim by The court of appeals for the fourth circuit held that not allowing a prisoner to wash after being maced and placing him in four point restraints created a fact question requiring a trial to determine if his eighth amendment rights were violated. …
Article • November 15, 1996 • from PLN November, 1996
Disciplinary Records Inadmissible Evidence by The court of appeals for the second circuit vacated a jury verdict in favor of prison guards holding that the prisoner plaintiff's prison disciplinary record should not have been admitted as evidence. Christopher Hynes, a New York state prisoner, filed suit claiming prison guards chained …
Article • October 15, 1996 • from PLN October, 1996
Court Responsible for Jury Demand by The court of appeals for the second circuit held that checking a box on a civil cover sheet constituted a timely demand for a jury trial. Tyrone Wright, a New York state prisoner, filed suit claiming he was beaten by prison guards. When Wright …
Jail Guards File Suit by Five jail guards, disciplined for throwing a blanket over the head of a mentally ill detainee and choking him into a coma, have sued the Santa Clara (Calf.) County Department of Correction and its two highest officials, claiming that they were unjustly scapegoated. The lawsuit, …
Article • October 15, 1996 • from PLN October, 1996
Prisoner Testimony Must Be Considered in Spears Hearing by The court of appeals for the fifth circuit held that a district court abused its discretion when it heard a prisoner's testimony during a Spears hearing and then disregarded it and dismissed the complaint. Danny Eason, a Texas state prisoner, filed …
Challenging Evil That Ills This Society by Ed Kinane The September 1995 New York State Prison Strike [The following is reprinted from Peace Newsletter, 3/96.] Musaa has served 13 years of a 20 year sentence in the NYS penal system. He has earned three degrees with an emphasis on political …
$168,500 Awarded in Prisoner's Death by Gregory Stampley, 46, was convicted in 1993 of kidnapping and making terroristic threats. He was sentenced to eight years and sent to the Minnesota Correctional Facility in Stillwater. Prison doctors who examined him diagnosed paranoid schizophrenia, aggressive-personality disorder and bipolar disorder. According to court …
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