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Agreement Reached in State-Wide Pennsylvania Prison Case by On Aug. 12, 1994, lawyers representing the prisoners announced that they have reached a settlement with the State of Pennsylvania in Austin v. Lehman, the state-wide prison conditions case filed in November, 1990. The agreement has been presented to U.S. District Judge …
Correct Jury Instructions Needed for Beating Trial by Keith Howard is a Missouri state prisoner. Upon returning to the prison after an outside medical visit, Howard was ordered to strip for a search. He refused and was thrown to the floor by several guards, hand-cuffed, forcibly stripped and taken to …
Article • October 15, 1994 • from PLN October, 1994
$1 Million for Boiling Prisoner by Vaughn Dortch is a California prisoner held at the Pelican Bay prison control unit. After suffering mental deterioration Dortch covered himself in fecal matter. The administration ordered guards to wash it off and the guards took Dortch to the prison infirmary where they placed …
Article • September 15, 1994 • from PLN September, 1994
New Trial for Beating by Clifton Thomas is an Illinois state prisoner. While confined at the Pontiac Correctional Center, Thomas was accused of stabbing another prisoner. The state sought and received a court order to obtain a blood sample from Thomas to aid in the investigation of the stabbing. Prison …
Prisoners Have Right to Jury from Community by Emmanuel Mitchell is a Tennessee state prisoner. He sued prison officials claiming excessive use of force and placement in an unsanitary cell. After a jury trial judgment was entered in favor of prison officials, Mitchell filed a motion for a new trial …
Suit Filed Against "Shoot to Wound" Policy by Suit Filed Against "Shoot to Wound" Policy The American Civil Liberties Union's National Prison Project, based in Washington, D.C., and Reno attorney Donald Evans filed a class action lawsuit in the U.S. District Court on May 16th, 1994 against the governor of …
Law Students Entitled to Attorney Fees by Ten prisoners at the District of Columbia's prison in Lorton, VA, filed suit claiming they had been shackled, handcuffed and severely beaten by prison guards. They were then infracted, found guilty and placed in segregation without due process. Unable to afford counsel the …
Article • June 15, 1994 • from PLN June, 1994
Evidentiary Hearing Cannot Replace Trial in Beating Suit by Clifton Johnson is an Arkansas state prisoner. He filed suit under 42 U.S.C. § 1983 alleging that prison guards had beat, kicked and stomped him without provocation when he requested his property in the prison segregation unit. A magistrate held an …
$35,000 Awarded for Beating by Leon Davis is a Georgia state prisoner. He filed suit claiming that his eighth amendment right to be free from cruel and unusual punishment was violated when a guard shoved him down the stairs of a fire escape and another guard punched him in the …
Article • May 15, 1994 • from PLN May, 1994
Guard's Attack for Smoking States Claim by Allain Norman was a detainee in the Norfolk County jail in Virginia. While being processed into custody he asked a trusty for a drag off his cigarette. As soon as he began to smoke, jail deputy Otis Taylor ran down the hallway and …
Article • May 15, 1994 • from PLN May, 1994
Prisoner Beating Filmed by The January 5, 1994, issue of the New York Times reported that two New York state DOC guards, Korey Gordon and Edward Sharrow, had been fired after they were caught on video tape brutally beating prisoner Jason McDade. McDade was handcuffed and not resisting when the …
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, …
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