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California EFV Ban Enjoined by Past issues of PLN have reported on legislative efforts to eliminate or restrict prisoners access to Extended Family Visits in California. A series of state court rulings have been issued [See PLN, Feb., Apr., Sep, 1995, for more details] on this topic. Unable to completely …
Tenth Anniversary of Peru Prison Massacres by [The following article is excerpted from the book Gloria al Día de Heroísmo, which is an account of the uprising and massacre of Peruvian political prisoners and Prisoners of War on June 19, 1986. This year marks the tenth anniversary of the uprising.] …
Article • June 15, 1996 • from PLN June, 1996
Pro Se Tips and Tactics by John Midgley This column discusses the defense of so-called "qualified immunity" that is available to public officers and employees sued under 42 U.S.C. Section 1983. I will first discuss what an "immunity" is, then what "qualified" immunity is as distinguished from "absolute" immunity, and …
Article • June 15, 1996 • from PLN June, 1996
Indian Journalist/Ex-Prisoner Denied Travel by M.N. Ravunni is the secretary of the Central Propaganda Committee of the Communist Party of Kerala in India. He is also the chief editor of the magazine Munnanipo-rali. In July, 1995, Mr. Ravunni applied for a passport to visit other countries, including the U.S. and …
Article • June 15, 1996 • from PLN June, 1996
Japanese Justice: The Police Detention and Prison Systems by Gary P Leupp by Gary P. Leupp Japanese justice officials boast of their extraordinarily high rate of conviction (99.94% in 1994). They imply that this rate results from efficient police work and careful judicial proceedings. When a high profile case (such …
Washington Prisoners Protest Money Seizure Law by In the May, 1995, issue of PLN we ran the article Harsher Prison Measures Opposed: "Family Values'' Stop Here which reported the solidarity demonstration held by some 20 people in front of the King County (Seattle), WA jail on March 20, 1995. That …
Washington Prison Doctor Has License Suspended, Again by In October, 1994, the Washington State Medial Quality Assurance Commission began an investigation into the qualifications of Dr. Thomas McDonnell, the supervising physician at the Washington Corrections Center (WCC) in Shelton, WA. The investigation began after the Commission received two anonymous complaints. …
Chemical Toilets May Violate Eighth Amendment in Massachusetts Class Action by A federal district court in Massachusetts has set for trial a class action suit by state prisoners claiming that chemical toilets pose a health hazard that violates the eighth amendment's ban on cruel and unusual punishment. Also to be …
Illinois DOC Violates Court Access Rights by A federal district court in Illinois held that the Illinois DOC violates the rights of segregated prisoners by requiring them to rely on a "runner system" in order to do legal research and litigate their claims. In a lengthy post trial ruling examining …
$176,000 Awarded in Attorney Fees by A federal district court in Illinois entered an award of $163,276 in attorney fees and $12,398 in costs pursuant to 42 U.S.C. § 1988 to prisoner plaintiffs who won $130,000 in damages at a jury trial after being beaten by prison guards. The court …
Article • June 15, 1996 • from PLN June, 1996
Filed under: Civil Procedure, Appeals
Ninth Circuit Expands Mailbox Rule by The court of appeals for the ninth circuit has held that a prisoner's notice of appeal is timely filed as long as it is mailed within the applicable time limit; the court does not require the notice to be mailed by a method that …
Article • June 15, 1996 • from PLN June, 1996
Washington Prisoners Have No Right to Earned Time by The state court of appeals for Division III has held that Washington state prisoners have no constitutional or statutory right to be allowed to earn "earned time" credits. Dagoberto Galvez was placed in administrative segregation where he was not allowed to …
Article • June 15, 1996 • from PLN June, 1996
A Matter of Fact by Welcome to this new feature of PLN. Often we run across amazing facts, figures, quotes, or statistics, but don't have the time, energy, or space to develop a full-length article. So, in the same vein as "News in Brief," this column will be consist solely …
Article • June 15, 1996 • from PLN June, 1996
Filed under: News, News in Brief
News in Brief by PA: On April 6, 1996, four prisoners in the Adams county prison used tools and a weighted sock to attack two guards and escape from the minimum security prison. Police said the escapees may have been picked up by an accomplice in a car. The prisoners …
Article • June 15, 1996 • from PLN June, 1996
Florida Prisoners Type Political Donor Lists by Florida state elections officials are hiring prisoners to type into a computer the names of big-money political donors. Secretary of State Sandra Mortham's office is under orders to make the contributions information available on the internet. Mortham said her office will save tax …
No Due Process in Seg Placement by In the August, 1995, issue of PLN we reported Sandin v. Conner, 115 S.Ct. 2293 (1995) in which the supreme court held that prisoners have no due process rights in disciplinary hearings as long as the length of their sentence is not affected, …
Article • June 15, 1996 • from PLN June, 1996
From the Editor by Dan Pens I welcome you to the 74th consecutive monthly issue of PLN. When we first published in 1990, the state of Washington attempted to deny delivery of PLN to every prisoner in the state. PLN made it clear that we'd challenge the ban in court, …
Article • May 15, 1996 • from PLN May, 1996
Summary Judgment Notice Must Be Given by Court by The court of appeals for the ninth circuit has reaffirmed that when a district court considers matters outside the pleadings in ruling on the sufficiency of a complaint it must give the plaintiff notice and allow the plaintiff an opportunity to …
Article • May 15, 1996 • from PLN May, 1996
Filed under: Civil Procedure, Discovery
Dismissal of Suit for Not Attending Deposition Reversed by The court of appeals for the ninth circuit held that a prisoner appearing at a deposition hearing, but refusing to testify, was not a "failure to appear" within the meaning of Fed.R.Civ.P. 37(d). Robert Estrada, a California state prisoner, had filed …
Article • May 15, 1996 • from PLN May, 1996
Jury Power in Action by A single mother in Cleveland, Ohio went on trial for welfare fraud. She was charged with "stealing" $11,000 in cash and food stamps over a two-year period. Between June 1988 to January 1990 she is accused of working at a $6,000-a-year part time job emptying …
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