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Article • November 15, 1996 • from PLN November, 1996
Publisher Entitled to Notice of Magazine Censorship by The court of appeals for the fourth circuit held that publishers are entitled to notice and an opportunity to be heard when their publications are censored by prison officials. Virginia DOC Operating Procedure 852 sets forth the process by which censorship of …
Article • November 15, 1996 • from PLN November, 1996
Filed under: Excessive Force, Shootings
In Harms' Way: Texas Prisoner Shot by On July 8, 1996, 21-year-old Texas prisoner Daniel Miguel Avellaneda was fatally shot by Texas Department of Criminal Justice (TDCJ) prison guard Neal Harms. The TDCJ identified Harms as a 35-year-old guard who had no disciplinary infractions in his 14 months on the …
Article • November 15, 1996 • from PLN November, 1996
A Matter of Fact by The U.S. Department of Justice (DOJ) collected nearly $550 million in assets from civil forfeiture from "criminals" (many of whom were not convicted of criminal offenses) in 1994, and shared almost $235 million of this booty with state and local law enforcement agencies. In 1994, …
Article • November 15, 1996 • from PLN November, 1996
Filed under: News, News in Brief
News in Brief by AZ: In September, 1996, the DOC terminated its military style boot camp, stating it did not work. A study indicated that only 22% of those who complete the four month boot camp in lieu of serving traditional prison time were not re-arrested after graduation. That was …
Article • November 15, 1996 • from PLN November, 1996
From the Editor by Paul Wright Welcome to another issue of PLN. As the holiday season approaches readers might want to consider purchasing gift subscriptions of PLN for friends and relatives. PLN continues to be reader supported and increasing our circulation is the only way we can significantly reduce our …
Article • October 15, 1996 • from PLN October, 1996
Extending Release Date Violates Eighth Amendment by A federal district court in Illinois held that the eighth amendment is violated when a prisoner is held almost two years past his release date. Don Campbell, an Illinois state prisoner, was released from prison in 1986 to serve a two-year term of …
Article • October 15, 1996 • from PLN October, 1996
Court Responsible for Jury Demand by The court of appeals for the second circuit held that checking a box on a civil cover sheet constituted a timely demand for a jury trial. Tyrone Wright, a New York state prisoner, filed suit claiming he was beaten by prison guards. When Wright …
Article • October 15, 1996 • from PLN October, 1996
Filed under: Work, Prison Industries
UNICOR Hogs Body Armor Market by Dan Pens In the July '96 issue of PLN we published "Furniture Manufacturers Threatened by UNICOR," an article about how Federal Prison Industries, Inc. (FPI, which uses the trade name UNICOR), dramatically expanded its "market share" of furniture sold to the military and government …
Article • October 15, 1996 • from PLN October, 1996
The "Honorable Men" Defense by Mumia Abu-Jamal [Editor's Note: With this issue PLN welcomes its third quarterly columnist, Mumia Abu-Jamal, a political prisoner on death row in Pennsylvania.] "The noble Brutus hath told you Caesar was ambitious: If it were so, it was a grievous fault; And grievously hath Caesar …
Pepper Spray Madness by Lynn Wilson [The author is an attorney in private practice in Seattle, Washington, and a frequent writer on police accountability issues. She is also on the Steering Committee of the National Coalition on Police Accountability. This article first appeared in the Spring 1996 Issue of COVERT …
Less than Lethal Force Liability by The April, 1995, issue of the Creighton Law Review contains and extremely informative article titled Less Than Lethal Force Weaponry: Law Enforcement and Correctional Agency Civil Law Liability for the Use of Excessive Force, by Neal Miller. While much of the article's focus is …
PI Granted in Haircut Claim by A federal district court in Kentucky granted a motion for a Preliminary Injunction (PI) to a Hasidic Jew whose claimed his religious beliefs were violated when prison officials forced him to cut his hair. Several Kentucky state prisoners in Protective Custody (PC) filed suit …
Article • October 15, 1996 • from PLN October, 1996
Texas Parole Rules on Litigants and Victim Statements Enjoined by A federal district court in Texas issued an extensive injunction prohibiting the Texas Board of Pardons and Paroles (TBPP) from taking into account either a prisoner's litigation history or unverified protest statements which oppose a prisoner's parole in making parole …
Article • October 15, 1996 • from PLN October, 1996
Pepper Spray Unsafe? by COPWATCH, a citizens' group in Berkeley, CA, has noted an increase of in-custody deaths, and has pointed to pepper spray as possibly causing or contributing to those deaths. According to Berkeley Police Department Captain Doran, however, police officials consider pepper spray a safe alternative to firearms …
Article • October 15, 1996 • from PLN October, 1996
Indigents Entitled to Full Credit for Pretrial Detention by The court of appeals for the tenth circuit held that a defendant who is incarcerated prior to trial due to indigency (unable to afford bail) must be given full credit towards the minimum and maximum sentences he is convicted of. James …
Right to Witnesses and Court Access Well Established by A federal district court in Kansas held prisoners had a well established rights in 1984 to call witnesses at disciplinary hearings and to be free from retaliation for exercising their right of access to the courts. Jerry Smith, a Kansas state …
Jail Guards File Suit by Five jail guards, disciplined for throwing a blanket over the head of a mentally ill detainee and choking him into a coma, have sued the Santa Clara (Calf.) County Department of Correction and its two highest officials, claiming that they were unjustly scapegoated. The lawsuit, …
Article • October 15, 1996 • from PLN October, 1996
Smoke and Mirrors by Review by George Everett Smoke & Mirrors has less to do with drugs than it does with the true casualties of the long-fought War on Drugs -- the many civil liberties that all of us have lost, especially in the last decade, as federal policy has …
Article • October 15, 1996 • from PLN October, 1996
De Novo Review Required of Magistrate's Report by The court of appeals for the eighth circuit held that a district court's erroneous statement that no objections had been filed to a magistrate's report and recommendation constituted prima facie evidence that the district court did not perform the requisite de novo …
Court Okays Disclosure of AIDS Status by The court of appeals for the seventh circuit held that prison officials may casually disclose a prisoner's AIDS status to other prisoners and staff but that denying barber services is unconstitutional. Dennis Anderson was an Illinois state prisoner with AIDS. The prison warden …
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