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Jury Awards $8,000 in California Prison Assault by On November 23, 1998, a federal jury in Sacramento, California, awarded state prisoner Johnny Garcia $8,000 in damages stemming from a prison assault. On January 3, 1994, Garcia (a member of the Northern Mexican prison gang, AKA Norteño) was placed in administrative …
Judicial Sentence of Life in Solitary Upheld by The court of appeals for the Second circuit affirmed a court imposed sentence of life imprisonment in solitary confinement and prohibiting all communication with anyone except the defendant's attorney and close family members after the district court had approved them. The appeals …
Article • January 15, 1999 • from PLN January, 1999
California Parolee Gag Order Lifted by The California Department of Corrections (CDC) admits it made a mistake when one of its agents tossed a parolee in jail for refusing to sign off on a parole condition banning him from talking to the media. Arthur Putney, 52, was jailed after parole …
Failure to Protect in Prison Fight Violates 8th Amendment by Failure To Protect In Prison Fight Violates 8th Amendment In 1994, the duty of guards to protect prisoners in prison fights was clearly established by Farmer v. Brennan, 511 U.S. 825 (1994) according to a federal district court in Texas. …
Corcoran Prison Sex, Lies, and Videotape by Willie Wisely by W. Wisely Iheard yelling and screaming. I heard batons hitting," Connie Foster told California lawmakers at a joint legislative hearing into brutality at Corcoran prison July 28, 1998. Foster, who worked at the prison from 1987 to 1996, spoke quietly …
Article • August 15, 1998 • from PLN August, 1998
STGMU-tized in New Jersey by T.R. On March 4, 1998, approxmately 170 NJ state prisoners were rounded up by the Special Operation Group (S.O.G.) and Internal Affairs, cameras in hand, and shipped to this [Northern State] prison. We were handed a memo signed by the Assistant Commissioner, Howard Beyers and …
Knowledge of Risk May Establish 8th Amendment Liability by The court of appeals for the sixth circuit held that a prison investigator's report indicating a prisoner was at risk of attack was sufficient to establish eighth amendment liability on the part of supervisory prison officials, if they read it. The …
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 …
Jury Verdict in Prisoner Attack Affirmed by The court of appeals for the seventh circuit affirmed a jury verdict of $10,000 in favor of a prisoner whose cell was opened by a guard in order for him to be attacked by other prisoners. Edward Paulick, an Illinois state prisoner, was …
Article • April 15, 1997 • from PLN April, 1997
Racial Violence in California Lockups by Willie Wisely On Friday, September 27, 1996, rioting broke out among more than 200 black and Latino prisoners in New Folsom's B Facility. The violence lasted some 31 minutes with fighting on the yard, in the medical clinic, and in prison industries. Guards fired …
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 • November 15, 1996 • from PLN November, 1996
The Pelican Bay Factor by Abdul Olugbala Shakur [Editors' Note: The author submitted this manuscript in May of 1996. Because of our article backlog and space limitations we are only now printing it. The issues outlined in this article, however, have since received coverage in the mainstream press. We regret …
Article • August 15, 1996 • from PLN August, 1996
5th Circuit Bars Ad Seg Claims by The court of appeals for the fifth circuit has held that in the wake of Sandin v. Connor, 115 S.Ct. 2293 (1995) administrative segregation does not constitute a deprivation of any constitutionally protected liberty interest. Rolando Pichardo is a Texas state prisoner. Prison …
Article • July 15, 1996 • from PLN July, 1996
Gang War Assault States Claim by A federal district court in New York held that a prisoner who was attacked as part of a "war" between Hispanic and Jamaican prisoners stated an eighth amendment claim for prison officials' failure to protect him. Ted Knowles is a New York state prisoner …
Muslims Granted TRO by Afederal court in New York granted a Temporary Restraining Order (TRO) to Sufi Muslim prisoners which prevented the New York DOCS from implementing a policy banning the display of black Dhikr beads and banning possession of beads colored anything but black. The New York anti bead …
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 …
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 …
Article • June 15, 1995 • from PLN June, 1995
Gangs in OH by Reader Mail Earlier this year I found myself locked down in a series of segregation units, ultimately being placed in administrative control. I was charged (and found guilty) of an all encompassing violation that reads: "Participating in or organizing, whether individually or in concert with others, …
Article • January 15, 1995 • from PLN January, 1995
CT's "Gang Problem" by William Dwyer CT's "Gang Problem" The RICO concept of guilt by association has recently moved from the statute books and has now made its appearance into prison management. Within the past year or so Connecticuts Department of Corrections adopted a gang management policy. The policy designates …
Article • January 15, 1995 • from PLN January, 1995
Activists Labeled "Security Threat" by Reader Mail Being labeled as a "Security Threat Group" (gang) means anyone that is organizing and whose actions are considered disruptive to the prison system. For the most part the state [OH] is not focusing on real gangs, but rather focusing on prison activists and …
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