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Prison Officials Liable for Holding Inmate Past Release Date by Gentry Slone is a Missouri state prisoner. He was sentenced to prison and once in prison his sentencing judge suspended Slone's sentence, effective December 21, 1989, and placed him on probation. The state did not appeal the judges order which …
Comic Book Censorship Overturned by Everett Lyon is an Iowa state prisoner. He ordered several religious comic books which prison officials censored claiming they would be "disruptive and produce violence" because they were allegedly "anti-catholic and blatantly bigoted." After exhausting his administrative remedies Lyon filed suit under § 1983 claiming …
State Liable for County Jail Overcrowding by Jail prisoners in the Harris County Jail, Texas, filed suit against county and state officials claiming that overcrowding at the jail violated the eighth amendment. The district court found that it did and that both state and county officials had acted with deliberate …
Nominal Damages Awarded in Prison Rape Case by Four Missouri state prisoners were repeatedly raped by other prisoners. Before and after the rapes they were unable to check into Protective Custody (PC). They filed suit against prison officials claiming the rapes violated their eighth amendment rights. After a trial, the …
Article • April 15, 1993 • from PLN April, 1993
Death Row Prisoners Can Marry by Roger Buehl is a Pennsylvania state prisoner on death row. In 1990 Buehl requested permission for a special one time visit in order to marry his girlfriend, Deborah Ayres. Prison officials denied the request citing a 1985 incident where Ayres had been caught smuggling …
Article • April 15, 1993 • from PLN April, 1993
Right to Religious Diet Clearly Established by Warren Bass is a Jewish New York state prisoner. Despite the recommendation of the prison rabbi that Bass was sincere in his religious beliefs and should receive a kosher diet, prison officials refused to provide Bass with a kosher diet. Bass filed suit …
Damages Awarded to HIV+ Jail Prisoner by Louise Nolley is an HIV+ prisoner held in the Erie County Jail in New York. She filed suit under § 1983 contending that various jail practices violated her rights. The objectionable practices included: automatically segregating HIV+ prisoners; denying HIV+ prisoners law library and …
Jury Must Be Asked If Prisoner Testimony Credible by Jeffrey Rainey was a North Carolina pretrial detainee. He claimed that in the course of a dispute with a jail guard the guard used excessive force against him by slamming him into a wall three times, injuring his back. He filed …
Court Cannot Supply Elements of Complaint by Joseph Pena is a prisoner at the Washington State Penitentiary. He was subjected to a digital rectal search without probable cause and filed suit under § 1983. Prison officials sought dismissal of the complaint on grounds Pena had failed to state a claim …
Prisoners Win Suit Over Circulating Petition by Dennis Wolfel and three other Ohio state prisoners, including longtime PLN supporter John Perotti, were infracted and disciplined for circulating a petition complaining of brutal prison conditions. The petition was going to be sent to Amnesty International, the international human rights group, to …
Article • March 15, 1993 • from PLN March, 1993
Prisoner Entitled to Religious Diet by Warren Bass is a New York state prisoner who filed suit under § 1983 after being denied a diet of meals prepared in accordance with his religious beliefs. The defendant prison officials moved for summary judgement on the basis of qualified immunity from money …
Article • March 15, 1993 • from PLN March, 1993
Right to Avoid Tobacco Smoke Exposure not Established by In part of the continuing split among the circuits on this issue, some circuits have held exposing prisoners to Environmental Tobacco Smoke (ETS) violates the eighth amendment, see: Hunt v. Reynolds, above. Other Circuits have held it does not. See: Wilson …
Article • March 15, 1993 • from PLN March, 1993
Prison Bosses Liable for Rights Violation by Willie Horne is a retarded New York state prisoner who was infracted, not provided with a counsel substitute at a disciplinary hearing, and was punished. Horne filed suit claiming that prison officials violated his due process rights by subjecting him to a disciplinary …
Article • January 15, 1993 • from PLN January, 1993
Wisconsin Parolees Have Liberty Interest in Avoiding Forced Medication by Jeffrey Felce is a Wisconsin parolee released on mandatory parole. While in prison Felce threatened prison and parole officials. They tried to commit him but were unable to do so because he was found to have mental problems but not …
Jail Inmates Entitled to Safe Cells by Jail Inmates Entitled To Safe Cells Two prisoners at the Birmingham, Alabama, jail committed suicide and their estates filed suit claiming violations of the detainees' eighth and fourteenth amendment rights. Both men hanged themselves with bed sheets hung from an iron bar across …
Hearing Officer Must Base Guilt Finding on Evidence by Hearing Officer Must Base Guilt Finding On Evidence Frank Zavaro is a New York state prisoner who was infracted for participating in a riot and assault on guards. A riot had broken out in a mess hall with several guards being …
Medical Treatment Cannot Be Delayed to Coerce Confession by Medical Treatment Cannot Be Delayed To Coerce Confession Wesley Taylor is a Missouri state prisoner who suffered a ruptured appendix. Upon arriving at the prison hospital, vomiting blood and in extreme pain, the prison doctor asked him if he had swallowed …
Article • December 15, 1992 • from PLN December, 1992
Government Entitled to Only One Qualified Immunity Appeal by Government Entitled To Only One Qualified Immunity Appeal In Mitchell v. Forsyth , 472 US 511, 105 S. Ct. 2806 (1982), the US Supreme Court clarified its prior rulings on qualified immunity. Government officials performing discretionary functions (such as prison officials, …
Unlawful to Knock Down Handicapped Prisoner by Unlawful To Knock Down Handicapped Prisoner Laneer Winder is a handicapped Illinois pretrial detainee in the Chicago jail. Due to a back injury Winder cannot walk more than short distances and needs leg braces to walk at all. While going from his cell …
Article • November 15, 1992 • from PLN November, 1992
Medication Must Be Delivered in Timely Manner by Medication Must be Delivered in Timely Manner Raymond Aswegan is a 70 year old Iowa state prisoner serving a life sentence at the Iowa State Penitentiary. Aswegan has numerous health problems including coronary artery disease, arthritis, obstructive pulmonary disease and a history …
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