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Discipline For Rude Letter Struck Down by Lobester Loggins is a Missouri State prisoner. In 1989 he sent his brother a letter. Pursuant to prison policy a prison mail clerk opened and read the letter, which stated in part that "there's a beetle eyed bitch back here who enjoys reading …
Article • January 15, 1994 • from PLN January, 1994
Only One Appeal on Qualified Immunity by Only One Appeal On Qualified Immunity This case involves a taxpayer suing an IRS agent claiming her constitutional rights were violated when the agent garnished her wages and seized her house, even though he knew she owed no taxes. While this is not …
Prosecutorial Liability Explained by Stephen Buckley sought damages, under 42 U.S.C. § 1983, from prosecutors for fabricating evidence during the preliminary investigation of a highly publicized rape and murder case in Illinois, and form making false statements as a press conference announcing the return of an indictment against him. He …
Damages Awarded to Paraplegic Prisoner by Robert Hicks was a pretrial detainee in the Jefferson County jail in Kentucky. He attempted to escape by climbing out of a window, his rope broke and he was severely injured in the resulting fall. After a stay in the local hospital he was …
Article • December 15, 1993 • from PLN December, 1993
Qualified Immunity for Black Box by Paul Knox is an Illinois state prisoner. After prison officials discovered four knives in his cell, Knox was infracted, found guilty and placed in segregation. Pursuant to prison policy, every time Knox left the segregation unit, to receive visitors, go to the hospital or …
Article • December 15, 1993 • from PLN December, 1993
Segregation of HIV+ Prisoners Upheld, Again by James Camarillo was an HIV positive California state prisoner. He has since been released on parole. While in custody of the California DOC he was transferred to a housing unit of HIV+ prisoners. Camarillo filed suit under § 1983 claiming that the transfer …
Retaliation for Legal Action States Claim by Eric Schroeder is a Hawaii state prisoner. While at a minimum security prison he was assigned to a work crew under the supervision of a guard he had previously sued. Schroeder claims that the guard threatened him, used anti-semitic slurs and falsely infracted …
Prosecutorial Liability Explained by Stephen Buckley sought damages, under 42 U.S.C. § 1983, from prosecutors for fabricating evidence during the preliminary investigation of a highly publicized rape and murder case in Illinois, and for making false statements at a press conference announcing the return of an indictment against him. He …
Chained Detainee Wins Restraint Case by At the Madison County Jail in Indiana a pre-trial detainee named Jones became despondent and tried to hang himself, after learning that his four months pregnant girlfriend had taken a job as an exotic "topless" dancer. Jail officials busted Jones and moved him to …
Lack of Shower/Bathroom Curtains Violate Privacy by Douglas Arey is a Maryland State prisoner. While at a recently built pre release center he complained that the lack of shower curtains and bathroom partitions, which allowed female guards to observe his genitals, violated his right to privacy. Prison officials took no …
Litigation and Service Protected by First Amendment by Eric Schroeder is a Hawaii State prisoner. While working in the prison law library he assisted other prisoners with their legal problems. Another prisoner asked Schroeder to serve Tranquillino Mabellos, a staff education specialist at the prison, with a summons and complaint …
Article • November 15, 1993 • from PLN November, 1993
Well Established Right to Release From Control Unit by Well Established Right To Release From Control Unit Harvey hall is a Missouri State prisoner. While in protective custody at the Missouri State penitentiary (MSP) Hall was found in possession of contraband and placed in the Special Management Facility (SMF). After …
Article • October 15, 1993 • from PLN October, 1993
Censoring Legal Mail States Claim by Henry Lavado was a federal prisoner whose legal mail from attorneys, the ACLU and various state and federal law enforcement agencies was opened and read outside of his presence. Some of his legal mail was opened and read in his presence. Lavado filed suit …
No Qualified Immunity for Denial of Medical Care by George Cornelious was assaulted and badly beaten in Jefferson City, MO. While receiving treatment at a local hospital he was arrested due to an outstanding warrant. The treating doctor gave the arresting police a head injury monitoring sheet on which to …
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 …
Article • October 15, 1993 • from PLN October, 1993
Right to Hot Water Clearly Established by Philip Mathews is an Illinois state prisoner. While he was confined in the segregation unit of the Stateville prison he was held in a cell without hot water for eleven months. His repeated oral and written requests that the hot water be fixed …
Law Librarian Liable for Access Violations by A Lorton prisoner at the Occoguan Facility brought suit under 42 U.S.C. §§ 1983 and 1988 and the first, fifth, sixth and fourteenth amendments to the constitution. The complaint alleged a pattern of exclusion and harassment in connection with his use of the …
Prisoners Retain Right of Bodily Privacy by Male Georgia state prisoners filed suit concerning the assignment of female prison guards to prison living units. The prisoners claim that the female guards act unprofessionally when they view male prisoners in their undershorts, showering and using the toilet. They claim that the …
Article • August 15, 1993 • from PLN August, 1993
9th Circuit Announces New Qualified Immunity Rule by This case arises from the strip searching of arrested AIDS protestors at a federal building demonstration in Portland, OR. While this is not a prison case the appeals court has announced a new rule concerning the qualified immunity doctrine which is often …
Article • August 15, 1993 • from PLN August, 1993
Probation Officers Only Entitled to Qualified Immunity by Charlene Gelatt is a New York state probationer. After being convicted of grand larceny she was placed on probation and ordered to pay restitution. She had her probation supervision transferred to Florida. Richard Wahila is a New York state probation officer. He …
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