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Detainee States Claim for Retaliation and Med Needs by The court of appeals for the seventh circuit has held that pretrial detainees are entitled to adequate medical care and have a right to be free from retaliation for complaining of guard misconduct. Richard Murphy was a pretrial detainee in the …
Trial Required on Clothing Claim by When prison guards apply force maliciously and sadistically, they are violating the eighth amendment and can be held liable for their actions. Courtney Wilkens is a Missouri state prisoner. Prison guards claimed Wilkens was wearing gang colors in the prison dining hall and attempted …
Article • September 15, 1995 • from PLN September, 1995
Court Formulates New "Use of Force" Standard by While pretrial detainees are imprisoned against their will and in many cases are similar in circumstance to convicted detainees they are legally innocent of any crime. This is an important distinction when it comes to detainees litigating jail conditions. PLN regularly reports …
Article • September 15, 1995 • from PLN September, 1995
NY Prisoners Awarded Damages in Beatings by A June 4, 1992 incident at the Clinton Correctional Facility started when a prisoner standing in "rec line" waiting to be escorted to the keeplock recreation yard dropped a piece of candy on the floor. Several of his buddies started laughing and jostling …
Guard Gets 10 Years for Beating Prisoner to Death by On May 23, 1995, Joel Lambright was sentenced to a 2 to 10 year sentence after being convicted of manslaughter for beating and kicking to death Michael McCoy, a prisoner. [See PLN Jan., 1995] Initially charged with murder, Lambright was …
Article • September 15, 1995 • from PLN September, 1995
CA Prisoners Assault Prison Office by Dan Pens On May 5, 1995, at 9:45 am, five prisoners at the Calipatria maximum security prison walked into an "A Facility" program office and stabbed a sergeant. Three other guards rushed to her aid and they too were stabbed in a brawl that …
Detainee Entitled to Medical Care by The mere fact that a prisoner is "seen" by a doctor does not, by itself, constitute "medical care." Terry Guidry was a pretrial detainee in the Jefferson County Detention Center in Texas when he got into a fight with another prisoner. Instead of trying …
Detainees Entitled to Non-Punitive Conditions by Pretrial detainees, who have not been convicted of any crimes, may not be punished in any manner. This includes housing them in jail conditions that could be construed as punitive. Dale Miller filed suit over conditions at the Cook County (Chicago) Jail. He claimed …
Pelican Bay Ruling Issued by One prisoner publication hailed it as "A Moral Victory for Prisoners." The headline in a correctional trade magazine proclaimed "State Wins Pelican Bay Suit." Interpreting the 345-page Madrid v. Gomez opinion is difficult at best, and as shown by the contrasting headlines above, a reader's …
Brief • July 26, 1995
Allaway v. Martin, NY, Plaintiff Motion to Compel Discovery, Guard Excessive Force, 1995 UNITED STAI'ES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK CHARLES ALLAWAY, Plaintiff, -againstCorrectional Officers STEPHEN MARTIN, HOWARD PICKMAN, SCOTT DARRAH, JAY SISKAVICH, RONALD BOYSE, and D. DuBREY, Correctional Sergeants HAROLD BOYLE and TIMOTHY MURTHA, Lieutenant BRUCE McCORMICK, …
Appointment of Counsel by In the February, 1994, issue of PLN we extensively discussed the third circuits ruling in Tabron v. Grace, 6 F.3d 147 (3rd Cir.1993) which set forth the standards district courts should use when ruling on pro se prisoner plaintiffs motion for appointment of counsel. The ruling …
PA Class Action Settlement Published by The October, 1994, issue of PLN reported that on August 12, 1994, attorneys representing all Pennsylvania state prisoners had reached a settlement with prison officials of that state regarding almost every aspect of prison conditions in that state. The district court has published the …
Unprovoked Assault States Claim by The sixth circuit court of appeals held that an unprovoked assault by Ohio prison guards states a claim for an eighth amendment violation. In doing so, the court rejected the prison guards' contention that unprovoked assaults do not, as a matter of law, state an …
Excessive Force Jury Instructions Affirmed by Robert Baker is a Missouri state prisoner. He filed suit under 42 U.S.C. § 1983 claiming that his eighth amendment rights were violated when prison guards swept garbage and water into his cell after which he fell and injured himself. While being taken to …
VA Guards Indicted in Beatings by In September of 1993 Charles Coates, a prisoner in the Greensville Correctional Center at Jarratt, VA, was handcuffed and shackled when a prison guard lifted him up and slammed him to the floor face first. Coastes says he blacked out and when he awoke …
Winds of Unrest Blowing Over Arizona by Rainman In the August 1994 issue of PLN it was reported that many oppressive policies were being instituted in the Arizona prison system ("Oppression on the Rise in Arizona"). These changes, for the most part, are nothing more than a return to the …
Retaliatory Threats Illegal by Leon Burgess is a Missouri state prisoner. Burgess disrupted a prison disciplinary hearing and guards responded by holding him down, while he was handcuffed, as another guard tried to force a towel into his mouth. When that failed the guard wrapped the towel around Burgess neck …
Harassing Searches State Claim by Alnoraindus Burton is an Illinois state prisoner. He filed suit under 42 U.S.C. § 1983 claiming that after he filed administrative grievances against prison guards who used racist slurs against him he was subjected to a widespread campaign of harassment and retaliation by the guards. …
Article • May 15, 1995 • from PLN May, 1995
NC DNA Testing Statute Upheld by Past issues of PLN have reported on the legal and political issues involved in DNA testing. Several states and the federal government have passed laws in the last five years which mandate the taking of blood from prisoners in order to compile a DNA …
Article • April 15, 1995 • from PLN April, 1995
CDC Issues New Shooting Policy by In the March, 1995, issue of PLN we reported that the FBI was investigating the California Department of Corrections' (CDC) policy of shooting prisoners. That policy had lead to CDC guards shooting and killing at least 27 prisoners between 1989 and 1994, compared to …
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