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Qualified Immunity for Hearing Officers by The second circuit court of appeals has reaffirmed that prison disciplinary hearing officers are only entitled to qualified immunity, not absolute immunity from suit. As part of a pilot project the New York Department of Corrections in 1986 instituted the Inmate Hearing Officer program …
Medical Evidence Required to Win Delay Claim by The court of appeals for the eighth circuit has held that in order to prevail on an eighth amendment deliberate indifference to serious medical needs claim, the prisoner plaintiff must submit verifying medical evidence at the summary judgment stage. Larry Beyerbach, a …
Article • November 15, 1995 • from PLN November, 1995
Nevada DOC Psychologist Moonlights as Pimp by In the July, 1994, issue of PLN we reported the saga of William Knapp, the chief psychologist of the Nevada DOC whose ambition was to open up a Western theme brothel. We mentioned the case, Knapp v. Miller, 843 F. Supp. 633 (DC …
WA Civil Commitment Law Ruled Unconstitutional by In a tersely worded decision, Fed eral District Court Judge John C. Coughenour drove a stake into the heart of Washington's controversial civil commitment law (Wash. Rev. Code § 71.09). He ruled the statute unconstitutional on its face, citing: "the violation of the …
Article • November 15, 1995 • from PLN November, 1995
OH Visitor Search Illegal by The Franklin County Court of Appeals in Ohio has held that an anonymous letter alleging drug smuggling by a prison visitor is insufficient to constitute "reasonable suspicion" which would authorize a strip search of the visitor. Terry Morris, the warden of the Chillicothe Correctional Institution, …
Article • November 15, 1995 • from PLN November, 1995
TX Death Row Protest by On June 28, 1995, two wings of Texas death row prisoners demonstrated for an hour against a scheduled execution. The prisoners shouted, set fires and banged on the bars. The execution was stayed by a court order. One hundred prisoners have been executed in Texas …
Article • November 15, 1995 • from PLN November, 1995
Filed under: News, News in Brief
News in Brief by PA: On August 2, 1995, SCI Graterford prison guards Keith Robertson and Martin Williams were arrested for drug possession with intent to deliver. Both guards were seen, during an investigation, dumping drugs behind vending machines and trash bins within the prison. FL: Israel Martinez was charged …
Article • November 15, 1995 • from PLN November, 1995
From the Editor by Dan Pens Thanksgiving can be a tough holiday to celebrate inside a prison cage. This will be my fifteenth. The first few were mostly about self-pity. As I became more politically conscious, however, Thanksgiving took on a different meaning. It traditionally commemorates starving European conquerors giving …
Retaliatory Discipline Violates Due Process by A federal district court in New York has held that retaliatory infractions violate due process and that housing an asthmatic prisoner on an upper tier may violate the eighth amendment. Prison officials and detectives are also liable when they interrogate prisoners concerning crimes and …
Article • October 15, 1995 • from PLN October, 1995
Translators Required for Medical Interviews by Pretrial detainees and convicted prisoners held in the Kern County, CA jail filed a class action suit challenging the jail's use of padded safety cells for violent and suicidal prisoners and other jail conditions. The district court held that the "safety cells," consisting of …
Article • October 15, 1995 • from PLN October, 1995
Madrid Published by In the August, 1995, issue of PLN we reported Madrid v. Gomez, the class action suit challenging conditions at Pelican bay State Prison in California. We noted that as we went to press the ruling had not been published despite having been issued on January 10, 1995. …
Article • October 15, 1995 • from PLN October, 1995
Article Clarification by In the August, 1995, PLN our ar ticle WA Passes Record Anti-Prisoner/Defendant Legislation commented at length on House Bill 2010. We were somewhat skeptical of provisions within the bill that designated efforts to explore establishing a kosher kitchen at the Airway Heights prison near Spokane, WA for …
Article • October 15, 1995 • from PLN October, 1995
Delay in Dental Care States Claim by The eighth circuit court of appeals has reaffirmed the long-standing principle that delaying dental care for prisoners violates the eighth amendment. Ronald Boyd, a Missouri state prisoner, began suffering pain to his jaw on June 1, 1991. He requested to see a dentist. …
Article • October 15, 1995 • from PLN October, 1995
Jail Population Report by Like the prison population the nation's jail population has soared in recent years, overshadowed by prison crowding. According to a recent Department of Justice report, Jails and Jail Inmates 1993-94, the national jail population was at an all time record high of 490,442 detainees as of …
10,000 Kurdish POWs on Hungerstrike by Since 1984 the Kurdish people in Turkey led by the Kurdish Workers Party (PKK) have been engaged in a war for an independent socialist homeland. The Turkish government has responded with a brutal military and political campaign of terror and genocide, similar to that …
Retaliatory Infraction Illegal by The court of appeals for the second circuit reaffirmed that infractions in retaliation for prisoners' exercise of constitutionally protected rights are unlawful. The court also noted that administrative dismissal of such charges do not bar § 1983 actions for damages resulting from punishment imposed at the …
Death Row Prisoners Keep Right to Contact Visits with Counsel by The court of appeals for the tenth circuit has held that condemned and maximum security prisoners held in an Oklahoma control unit are entitled to contact visits with their attorneys. The court also held that all violations of prisoners' …
Article • October 15, 1995 • from PLN October, 1995
Reader Mail: PA Settlement Correction by Scott Rudnick Regarding your article in the July issue of Prison Legal News on page 11 about the Pennsylvania Department of Corrections, you state "attorneys representing all PA state prisoners had reached a settlement...." Two Pennsylvania prisons were not part of that litigation. SCI …
No Immunity for Hearing Officers by Prison officials who hear and decide prisoners' administrative appeals from disciplinary hearings are only entitled to qualified immunity for their actions. Jerry Young is a New York state prisoner. He was found guilty of misconduct at five separate prison disciplinary hearings and sentenced to …
Article • October 15, 1995 • from PLN October, 1995
Gunslingers Dressed in Hot Pink by Alabama has been in the forefront of new, not necessarily good, ideas lately. The state that brought back chain gangs has announced, in May, 1995, that it will begin dressing male prisoners who habitually expose themselves to female guards in hot pink pants and …
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