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Visitor Awarded Damages by A man visiting his brother in jail was awarded damages both for battery and for violation of his civil rights, based on a guard's attack on him and making of racially derogatory remarks. On appeal, the Minnesota state appeals court ruled that because the racial slurs …
Evidence Required to Sustain Disciplinary Ruling by Robert Nicholson is a Rhode Island state prisoner. In 1988 he told prison officials and state police investigators that he had been assaulted by two prison guards. His complaint was later investigated by the FBI and Department of Justice (DOJ). The DOJ concluded …
Article • February 15, 1994 • from PLN February, 1994
Estate Proper Party When Defendant Dies by Jerry Young is a New York state prisoner. He filed suit under § 1983 claiming that Terry Patrice, a prison guard, had beaten him. During the pendency of the suit it appears that Patrice died. The attorney general filed a motion to dismiss …
What's Wrong in the Ohio DOC? by John Perotti It's been almost a year since the end of the siege at Lucasville. During this time investigations have been conducted by the State Legislature, State Highway Patrol and Scioto County Prosecutor's Office. The mass media has focused on "crimes" committed during …
Delay of Medical Care States Claim by Willie Harris was a pretrial detainee in the Coweta County, Georgia, jail. When he was arrested his hand was injured by tight handcuffs. Upon arrival at the jail, on September 6, 1990, he requested treatment for the injury. He was seen by the …
Article • February 15, 1994 • from PLN February, 1994
Qualified Immunity Law Clarified by Joseph Rankin was a pretrial detainee in the Harris County, Texas, jail. While awaiting a court appearance in a large holding cell a disturbance broke out after female prisoners passed in front of the cell. A deputy sheriff removed Rankin from the cell and, according …
Nominal Damages in Eighth Amendment Claim Upheld by Rederick Cummings was accused of attempting to rape a prison employee. During the course of "investigating" the rape allegations prison officials beat Cummings several times. Cummings filed suit alleging that the beatings violated his eighth amendment rights. At trial a jury found …
Prisoner's Assault Claim Must Go to Trial by Prisoner's Assault Claim Must Go To Trial William Moore is a prisoner at the Southern Ohio Correctional Facility (SOCF) in Lucasville. He filed suit under 42 U.S.C. § 1983 claiming that his eighth amendment rights were violated when prison guards came to …
Article • December 15, 1993 • from PLN December, 1993
Lucasville: A Brief History by John Perotti By John Perotti The pinnacle of the prisoners' rights movement had about reached its peak when I arrived at the Southern Ohio Correctional Facility (SOCF) in Lucasville, Ohio, in 1977. I had been transferred from the Ohio State Reformatory (OSR) in Mansfield, Ohio, …
Cop's Perjury Conviction Upheld by Normally PLN does not report on criminal cases but we thought this one might interest our readers. R.B. Springer was a Houston policeman. A Texas grand jury questioned him about numerous complaints of brutality and choking of prisoners and suspects. Springer denied any knowledge or …
Article • November 15, 1993 • from PLN November, 1993
Statement of Claim Must Rely Solely on Complaint by 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 …
Destruction of Evidence Allows Adverse Inference by Jerry McCrary-El is a Missouri state prisoner. He filed suit under § 1983 claiming that prison guards used excessive force in moving him to the back of his cell, within the prison's segregation unit, to place a cellmate in his cell. After a …
Murderer Fired From Prison Job by Paul Wright By Paul Wright Massachusetts is currently being ruled by the Republican Weld administration. Governor Weld was elected to office on a "tough on crime" platform. Weld is himself a former federal prosecutor. Among his more interesting campaign promises were those to restore …
Article • October 15, 1993 • from PLN October, 1993
Prohibition of Beatings Well Established Law by Steven Hill was a jail prisoner in the Tazewell County, IL, jail. When ordered to leave his cell to clear it for another prisoner Hill questioned why he was being moved. William Shelander, a guard, responded by grabbing Hill's hair and shoulder, pulling …
Elements of Jail RICO Suit Explained by Billy Joe Ashe is a Montgomery County, Texas, prisoner. He filed suit claiming that in retaliation for filing suit against members of the Sheriff's Department he and his co-plaintiff, and their prisoner witnesses, were subjected to a frightening pattern of physical violence and …
Article • August 15, 1993 • from PLN August, 1993
Shackling Plainitff Violates Right to Fair Trial by Edward Lemons is an Illinois state prisoner. He claimed that while in segregation he was attacked and severely beaten by prison guards. When his case went to trial the judge went along with the defendant's request that Lemons be handcuffed and manacled …
Palestinian Political Prisoners by Israeli prisons are in many respects a microcosm of the Israeli-Palestinian conflict. As places of detention and physical and psychological suffering, they represent in starkest terms the violent essence of occupation. On the other hand, Palestinian prisoners have turned them into fronts of struggle and steadfastness. …
GRAPO Prisoners Tortured by Paul Wright All too often we hear about the physical mistreatment and abuse of prisoners, political and social. The impression we are given by the mainstream media and the governments of the western industrialized countries is that such abuses only occur in places like the Middle …
The Evolution of Criminal Justice by Sandy Judd In twentieth century America, coerced confessions to criminal acts are not technically admissible as evidence in courts of law. Since the 1980's, however, a movement against the enforcement of such "technicalities" has developed within the federal courts. As more forms of questionable …
Guard Convicted of Beating Prisoner by As a general rule PLN doesn't report criminal cases. This is an exception because it directly pertains to prisoner civil rights and because its so unusual for prison staff to be charged, much less convicted, of assaulting prisoners. Michael Newman was a jail guard …
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