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Article • June 15, 1995 • from PLN June, 1995
Pen, Photocopies and Exercise Must Be Provided by Prisoners held in segregation and control units have a clearly defined right to court access, which includes proper writing materials and adequate writing materials. They also have a well defined right to outdoor exercise. John Allen and Terry Smith are Hawaii state …
Retaliatory Infractions Illegal by Prison employees are forbidden from filing false disciplinary charges against prisoners in retaliation for prisoner complaints against other employees. Milton Payne, a New York state prisoner, witnessed a prison guard set a fire in a cell and reported this to prison authorities. Shortly thereafter prison guards …
No Immunity for Cold Filthy Cell by Melvin Wilson is an Illinois state prisoner. He filed suit under 42 U.S.C. § 1983 claiming he was discharged from his prison job due to his race and when placed in segregation he was placed in a filthy, roach infested, leaking cell whose …
Article • May 15, 1995 • from PLN May, 1995
IL DOC Confinement Policy Illegal by The director of the Illinois DOC (IDOC) has promulgated a regulation under which all prisoners that it receives must be held for at least 60 days before they are released. Ronald Rooding was convicted and sentenced to one year in jail. After deducting good …
Prisoners Can't be Forced to Choose Between Law Library and Recreation by John Allen is a Hawaii state prisoner held in a Special Housing Unit (SHU) after allegedly assaulting a guard. His SHU confinement was indefinite. While in SHU he could use the law library and outdoor recreation area only …
Disciplinary Evidence Must be Reliable by Michael Walsh is a New York state prisoner. He was infracted for allegedly exposing himself to and threatening a prison guard. At the disciplinary hearing, Walsh called as a witness another guard who had co-signed the infraction report. The guard testified that she was …
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 …
DA Liable for Preventing Court Appearance by Tobin Lemmons is an Oklahoma state prisoner. While in jail he filed a workers compensation complaint against his former employers with the aid of an attorney and law firm he hired for this purpose. On two occasions in 1991 the state judge before …
Court Clerk Suable by Don Curry is an Illinois state prisoner who was convicted of sexual assault in 1990. He filed a notice of appeal in the county court. Illinois law requires, upon receipt of a notice of appeal, that the circuit court clerk prepare and deliver a copy of …
$157,000 Awarded in Retaliation Suit by Jory Lowrance is a Muslim New York state prisoner. In a seven year period he was transferred a total of 17 times to different state prisons. He filed suit under 42 U.S. C. § 1983 claiming that the transfers were in retaliation for his …
State Prisons Subject to RA & ADA by State Prisons Subject to RA & ADA Anthony Torcasio is an extremely obese Virginia state prisoner who is 5' 7" tall, weighs over 460 pounds and has a girth of 78" . He filed suit under 42 U. S. C. § 1983 …
S.Ct. to Hear Quayle Retaliation Claim by On January 20, 1995, the US Supreme Court announced that it had granted certiori to hear a prison retaliation case and it may have an interesting effect on the 1996 presidential campaign if Dan Quayle, George Bush's former vice president, changes his mind …
Attorney General Subject to Suit by Attorney General Wendy Ritz ordered the court reporter not to prepare the transcript, despite the court order to the contrary, because she thought the petition would be dismissed on procedural grounds. The state court called the AGs conduct "outrageous" and ordered the attorney generals …
Article • March 15, 1995 • from PLN March, 1995
Liability for Filming Search Affirmed by In the November, 1994, issue of PLN we reported Ayeni v. Mottola, 848 F Supp 362 (ED NY 1994) which denied qualified immunity to Secret Service (SS) agents who allowed a CBS television crew to film the search of a familys home. The Ayeni …
Article • March 15, 1995 • from PLN March, 1995
Medical Indifference Suit Requires New Trial by William Hathaway is a New York state prisoner. In 1973 he underwent hip fusion surgery and had three metal pins inserted into his left hip joint. He continued to experience pain after the surgery and in 1977 sought medical assistance from Dr. Schlesinger, …
Article • February 15, 1995 • from PLN February, 1995
No Immunity for Sweat Lodge Denial by Ralph Thomas is a Nebraska state prisoner. He filed suit under 42 U.S.C. § 1983 claiming that prison officials had violated his right to religious freedom by denying him daily access to the prisons sweat lodge for prayer. He claimed this denial also …
Visitor Search Held Illegal by Lenora Daugherty frequently visited her husband at the Turney Center, a Tennessee state prison. Prior to one of Daughertys visits a prison guard told the warden that he had received information that she was smuggling drugs into the prison. The warden also received two letters …
No Immunity for Visitor Strip Search by Tina Spear regularly visited her boyfriend, Daniel Wade, at the Northpoint Training center, a Kentucky state prison. Upon arriving for a visit on Christmas day in 1990 prison officials told her she would not be allowed to visit Wade unless she submitted to …
AZ Passes Repressive Prison Laws by As part of the national trend towards bashing prisoners the 41st session of the Arizona legislature recently passed a number of repressive laws designed to make life harder for prisoners as well as restrict their access to the courts. The laws went into effect …
No Interlocutory Appeal From Judgement by In the July, 1994, issue of PLN we reported Littlewind v. Rayl, 839 F.Supp. 1369 (ND 1994). The case involved a North Dakota state prisoner who, after assaulting a guard, was put into four point restraints, naked, for seven hours, 23 hours in three …
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