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State Judges Can Be Sued for Injunctive Relief in Federal Court by State Judges Can be Sued for Injunctive Relief in Federal Court Carrol Olson is a Kansas state probationer convicted of issuing a worthless check. Olson sought to appeal his conviction in the Kansas Court of Appeals. The state …
Parolees Have a Right to Bodily Privacy by Parolees Have A Right To Bodily Privacy Afemale parolee in California was ordered to provide a urine sample for drug testing by a male parole officer. While she was in a bathroom stall providing the sample, the male parole officer entered the …
Article • November 15, 1992 • from PLN November, 1992
Muslims Entitled to Prayer Oils by Three Michigan state prisoners at the Jackson State Prison filed suit under section 1983 claiming that a policy banning all use of prayer oils to Muslim prisoners violated their first amendment rights. The district court appointed counsel to represent the prisoners. Both parties moved …
Article • November 15, 1992 • from PLN November, 1992
Parole Officers Can Be Sued by Stephen Mee was a Colorado parolee whose parole was revoked by Jose Ortega, his parole officer, for alleged harassment. Ortega kept Mee in jail despite being told by the local prosecutor that because no violation of criminal law had occurred, Mee could not be …
Prisoner Entitled to Receive Medication by Lawrence Hill is an Ohio state prisoner. While in the Cincinnati jail Hill tested positive for tuberculosis and was prescribed medication to prevent it from becoming active and to eradicate it. The medication had to be taken continuously for one year otherwise the bacteria …
Washington Feces Watch and Visiting Policy Create Liberty Interest by Rogaciano Mendoza was a prisoner at the Washington State Penitentiary (WSP) at Walla Walla in 1989 when prison officials discovered a broken balloon containing a white substance in the visiting room bathroom being used by Mendozas 6 children. Mendoza was …
Interstate Compact Does Not Create Liberty Interest by Fred Pletka was an Iowa prisoner in disciplinary confinement at the Iowa State Penitentiary when he was transferred to Texas under the interstate corrections compact. Shortly after arriving in Texas Pletka was released into the general prison population. Later, when he was …
Article • August 15, 1992 • from PLN August, 1992
Censoring Mail From Courts Violates Due Process by John Stone-El is an Illinois state prisoner whose mail to and from the courts and government officials was opened and read outside his presence. Stone-El filed suit seeking money damages and injunctive relief for the violation of his constitutional rights. He then …
Infracting Cop Cannot Hear Own Infraction by John Diercks is a prison informant in protective custody (PC) in Jefferson City, MO. While in PC Diercks approached a prison official and asked him to make the urine samples of two prisoners "disappear" in exchange for which Diercks would supply the names …
Article • July 15, 1992 • from PLN July, 1992
Inmate Assaulted by Guard Wins Suit by An inmate's suit claimed that he was beaten by a number of officers in the presence of the sheriff. The court found that the beating was unprovoked. It was possible that the inmate had been talking loudly, but "that was no justification for …
Article • May 15, 1992 • from PLN May, 1992
Delay of Legal Files States Claim by Delay Of Legal Files States Claim A Washington D.C. prisoner was transferred to various state and federal prisons. In the course of the transfers Lorton prison officials delayed and refused to send the plaintiff, Crawford El, his property containing his legal materials. Crawford …
Prison Officials Cannot Delay Access to Case Law by Prison Officials Cannot Delay Access To Case Law Washington state prisoner Mark Larue was transferred out of state to the Illinois DOC while pursuing a collateral attack on his conviction. The lawyer representing Larue withdrew from the case and the state …
Florida Visiting Rules Create Liberty Interest by William Van Poyck is a Florida death row prisoner convicted of killing a prison guard while helping another prisoner escape. While Van Poyck was awaiting trial in the Palm Beach County jail he met Deborah Chisholm, a nurse at the jail. After he …
Article • April 15, 1992 • from PLN April, 1992
Court Reporters Entitled to Absolute Immunity by Court Reporters Entitled To Absolute Immunity Jeffrey Antoine was charged with bank robbery and tried in US district court in Tacoma, WA. Shanna Ruggenberg was the court reporter at trial and was responsible for producing the transcript for Antoine's appeal after he was …
Article • April 15, 1992 • from PLN April, 1992
Qualified Immunity Granted in Digital Rectal Searches by Qualified immunity Granted In Digital Rectal Searches In a case that may affect the many Washington state prisoners who were subjected to digital rectal searches, the 4th circuit court of appeals upheld a jury finding of qualified immunity for Arizona prison officials …
CBCC Publisher Only Rule Upheld on Qualified Immunity Grounds by Martin Johnson was a federal prisoner sent to the Clallam Bay Corrections Center (CBCC) in Washington state as a boarder. He filed suit challenging numerous aspects of prison conditions under the due process clause of the federal constitution. The district …
Article • March 15, 1992 • from PLN March, 1992
Prisoner Must Be Informed of HIV Status by Prisoner Must Be Informed Of HIV Status Tyrone McIlwain was a Virginia prisoner who overdosed on heroin and was taken to the Prince William hospital emergency room for treatment. Without his knowledge or consent, blood tests were performed which revealed he was …
Credibility of Informants Must be Weighed by Credibility Of Informants Must Be Weighed Jerome Russell, a New York state prisoner at Greenhaven prison, was infracted for assaulting another prisoner. Three confidential informants submitted statements to prison officials identifying Russell and four others as the assailants. At his hearing Russell requested …
'Partial Victory' In Attica Prisoners' Case by From: Workers World Newspaper A bitterly divided jury returned a mixed verdict Feb. 4 in the lawsuit by former inmates at Attica Prison against four former New York state officials. The suit by the Attica Defense Committee grew out of the bloody, murderous …
Article • February 15, 1992 • from PLN February, 1992
Prisoner Can Receive Diploma in Mail by Bobby Griffin is a Missouri state prisoner who graduated from a college paralegal course. Upon graduation the college mailed him his diploma and grade transcript. This was rejected by prison officials who claimed prison regulations prohibited prisoners from having original diplomas and transcripts …
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