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Article • July 15, 1994 • from PLN July, 1994
Delay in Treatment States Claim by Dean Delker is an Oregon state prisoner. He filed suit under § 1983 seeking injunctive and monetary relief from prison officials who refused to authorize surgery to treat his inguinal hernia (this is a hole in the abdominal wall where the intestine pokes through; …
Article • July 15, 1994 • from PLN July, 1994
Photos Unlawful by Scott Lattany was a federal pretrial detainee representing himself pro se on criminal charges in Philadelphia. Lattany was taken from his cell to the jail parking lot where he and other prisoners were photographed by U.S. Marshalls. Lattany protested the picture taking as illegal and racist, one …
Prison Industries Supervisor Liable for Attack by Jay Holloway is a prisoner at the Iowa State Penitentiary (ISP). He was assigned to work in the prison industries building under the supervision of Ray Miller. While at work Holloway was attacked by four other prisoners who believed he had summoned a …
2nd Cir. Declines to Rule on Informant Testimony by Jerome Russell is a New York state prisoner. He was infracted for allegedly assaulting another prisoner. At the disciplinary hearing the hearing, officer questioned the investigating guard who had provided statements from the victim and three informants who identified Russell as …
English Only Rule for Prayer Illegal by DeMont Conner is a Hawaii state prisoner. He filed suit under section 1983 claiming prison officials had violated his due process rights by punishing him for praying in Arabic with another prisoner and that the disciplinary hearing itself did not comport with due …
Rape Victim States Claim by James Johnson is a Connecticut state prisoner. He filed suit against various prison officials claiming they were deliberately indifferent to his physical safety after he was placed in a cell with a prisoner who had a known history of sexual assaults who raped him. He …
Intake Center Prisoners Have Right of Access to Courts by After conviction and sentencing, Oregon prisoners are taken to the Oregon Corrections Intake Center (OCIC) which conducts an initial assessment and classifies the prisoner to the prison he/she will ultimately be sent. The average stay is between four to twelve …
Article • June 15, 1994 • from PLN June, 1994
Public Strip Searches Unlawful by Alvin Canell is an Oregon state prisoner held at the Oregon Corrections Intake Center (OCIC), which is jointly operated by the Oregon DOC and Clackamas County. Upon arriving, leaving or after any trip outside of OCIC, prisoners are made to disrobe, lift their genitals, bend …
Phone Company State Actor for Section 1983 by Milton Griffin-El is a Missouri state prisoner. He filed suit against MCI Telecommunications Corporation and state prison officials over the phone company's practice of announcing to persons called by prisoners that the calls originated from a prison. The court upheld MCI's practice …
Article • May 15, 1994 • from PLN May, 1994
Qualified Immunity Hinges on All Relevant Law by While this is not a prison case we are reporting it because it is a Supreme Court ruling affecting qualified immunity defenses. Qualified immunity allows government officials to escape liability for money damages, even when they violate constitutional rights, as long as …
Informants Must be Reliable by John Brewer is an Ohio state prisoner. While held at the Southern Ohio Correctional Facility (SOCF) in Lucasville he was infracted for stabbing another prisoner. At his disciplinary hearing he was found guilty of aggravated assault based on statements by confidential informants. The finding was …
Jail Detainees Have Right to Library Access by This case involves a consolidated appeal of one suit by three Wisconsin county jail detainees and one by an Indiana jail detainee. All of the plaintiffs claimed their right of access to the courts was violated because the jails they were held …
Jail Sued Under ADA by In 1990 Congress passed the Americans with Disabilities Act (ADA), 42 U.S.C. § 12131-12134, which prohibits discrimination against the disabled by public services. Readers will note that this law applies to prisons and jails who can be sued for failing to provide disabled prisoners with …
Article • April 15, 1994 • from PLN April, 1994
Court Rules on Control Unit Law Library Access by Abdul Akbar is a Delaware state prisoner confined in the Maximum Security Unit (MSU) of the Delaware Correctional Center (DCC). The MSU is a control unit for the long-term segregation of prisoners that prison officials allege to be a danger within …
Article • April 15, 1994 • from PLN April, 1994
Detainees Have Right to be Vermin Free by Two federal pretrial detainees housed under contract in the Allegheny County Jail (ACJ) in Pennsylvania sued jail officials for a wide variety of ailments affecting jail prisoners. Among the issues they filed suit on were: inadequate ventilation, extreme temperatures, excessive noise, use …
MO Ad Seg Practices Unlawful by Several prisoners at the Missouri State Penitentiary (MSP) filed suit after they were held in administrative segregation (ad seg) for periods ranging between nine and thirty days without a hearing or an opportunity to challenge the information upon which the ad seg was allegedly …
BOP Liable for Recalculating Sentence by Kent Alexander is a former federal prisoner. In 1986 he was released after serving a three year federal sentence. Eighty days later he was arrested for "violation of parole" and placed in FCI Tucson. The prison administrative systems manager, Luis Rivera, told Alexander that …
Excluding Alibi Witness Unconstitutional by Kelvin Moye is a New York state prisoner. He was infracted for stabbing another prisoner. At his disciplinary hearing Moye requested a statement from a prisoner whose testimony would indicate that Moye could not have committed the stabbing. The hearing officer refused to obtain a …
Work Release Revocation Requires Hearing by Billy Jackson was an Arkansas state prisoner. She was placed in work release but later quit her job and her parole officer could not locate her at her address of record. She was later arrested on charges of public drunkenness, returned to prison and …
Double Celling Pre-Trial Detainees Violates Due Process by Several animal rights protestors arrested while demonstrating against an annual pigeon shoot filed suit against Schuykill County Prison in Pennsylvania, and it's officials, alleging that the conditions of confinement during their stay at the prison violated their constitutional rights. The conditions complained …
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