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Article • February 15, 1992 • from PLN February, 1992
Bush Campaign Silences Prisoner by Brett Kimberlin is a federal prisoner serving time for drug and weapons charges. In November, 1988, a few days before the presidential elections, he was going to have a press conference where he was going to relate his account of having sold marijuana to now …
Racial Discrimination in Prison Challenged by Racial Discrimination In Prison Challenged New York's Elmira Correctional Facility is plagued by racism toward prisoners in the areas of job placement, housing assignments, and discipline, the U.S. District Court for the Western District of New York held. Relying on both anecdotal and statistical …
Receiving State is Agent of Sending State; Qualified Immunity Examined by Receiving State Is Agent Of Sending State; Qualified Immunity Examined An Iowa prisoner was under punitive segregation when he was transferred to the Texas prison system and released to the general population. When he was later transferred back to …
Consent Decree Creates a Liberty Interest by Consent Decree Creates A Liberty Interest Stephen Rodi, a Rhode Island state prisoner filed suit under § 1983 claiming he had been put in administrative segregation without cause, notice or opportunity to be heard. The district court dismissed the complaint for failure to …
Court Supports Supervisory Liability Claim by James Johnson, a prisoner at the Cummins Unit of the Arkansas Department of Corrections, appealed from the district court's dismissal of his §1983 complaint. The complaint alleged that Johnson suffered an inguinal hernia, which was diagnosed in January 1984. The prison doctor recommended surgery …
Evidence Must Be Presented at Disciplinary Hearing by Evidence Must Be Presented At Disciplinary Hearing Eddie Griffin, a Pennsylvania state prisoners was infracted for possessing a fermented beverage. Prison guards destroyed the liquid in question prior to the disciplinary hearing. At the hearing Griffin was found "guilty" solely on the …
Article • December 15, 1991 • from PLN December, 1991
Prisoners May Not Be Subjected to Freezing Temperatures by In 1982 outside temperatures at the Stateville prison in Illinois plunged to 22 degrees below zero with a wind-chill factor of 80 degrees below zero. The heating system in a cell block with 300 men malfunctioned and frigid air circulated through …
Unlawful Orders Cannot Be Enforced With Violence by A female California state prisoner was ordered to submit to a strip search by male prison guards. She refused to be strip searched and was Tasered. She filed suit under the Fourth, Eighth and Fourteenth amendments. The District Court applied an Eighth …
Article • November 15, 1991 • from PLN November, 1991
Can't Search Visitor Leaving Prison by Prison officials suspected that an inmate's minor sister had been smuggling marijuana in to him during her regular visits. An officer was posted to watch the inmate and his sister during the next visit. He did not see them pass anything. At the close …
Article • October 15, 1991 • from PLN October, 1991
Search of Prison Visitors Without Probable Cause Illegal by Search Of Prison Visitors Without Probable Cause Illegal Lenora Daugherty is the wife of a Tennessee prisoner who was subjected to a visual body cavity search and a search of her vehicle in 1988 as a condition to be able to …
Article • October 15, 1991 • from PLN October, 1991
Prisoner Allowed to Possess Petition by Prisoner Allowed To Possess Petition A New York state prisoner at Attica was infracted after prison guards found and confiscated a petition complaining of prison conditions in his cell. The prisoner was infracted for possessing the petition even though no prison rule or regulation …
Article • August 15, 1991 • from PLN August, 1991
Legal Mail May Not be Read by Legal Mail May Not Be Read A Florida prisoner filed suit under § 1983 after a letter from his attorney, addressed to him and marked "legal mail," was opened and read in his presence by a prison guard. The guard confiscated the letter …
Article • August 15, 1991 • from PLN August, 1991
Prisoners Must Be Fed by Alvin Cooper was a pre-trial detainee in Texas and filed a § 1983 suit claiming that jail guards were refusing to feed him. The officials did not deny the allegation but claimed Cooper wasn't fed because he refused to appear fully dressed at all meals. …
Article • July 15, 1991 • from PLN July, 1991
No Warrantless Search of Departing Visitor by No Warrantless Search Of Departing Visitor Prison officials strip-searched a prisoner's sister at the conclusion of a visit because of a suspicion that she was smuggling marijuana to him. Nothing was found. She brought suit under 42 U.S.C. section 1983. The defendant prison …
Prisoner Victims of Guard Assault Win Damages by Prisoner Victims Of Guard Assault Win Damages Ten prisoners in the D.C. jail learned they were being transferred to another facility. A number of the inmates passively resisted the transfer. They alleged that after the transfer, they were beaten by correctional officers. …
Article • May 15, 1991 • from PLN May, 1991
Exposure to Secondary Smoke Found Unlawful by Exposure To Secondary Smoke Found Unlawful The federal 9th Circuit Court of Appeals has ruled that exposing prisoners to ETS (Environmental Tobacco Smoke) violates the 8th amendments right for prisoners to be free from cruel and unusual punishment. The Court has decided that …
Article • March 15, 1991 • from PLN March, 1991
Disclosure of AIDS Condition Violates Right to Privacy by Disclosure Of AIDS Condition Violates Right To Privacy The federal district court in New Jersey ruled that disclosure of a person's medical condition, especially exposure to or infection with HIV (the virus suspected of causing AIDS), is disclosure of a "personal …
Article • February 15, 1991 • from PLN February, 1991
Texas Woman Wins $125,000 Settlement by A woman won a $125,000 settlement from the Texas Board of Pardons and Paroles that may set a precedent for more civil suits involving parole decisions. The woman was raped by a man who had been sentenced in 1977 to 123 years in prison …
Deliberate Indifference Demonstrated by Proof of prison administrators' "consistent pattern of reckless or negligent conduct" in providing prisoners with medical care is enough to establish the deliberate indifference to prisoners' serious medical needs necessary to make out an Eighth Amendment violation and hence to subject the officials to civil liability. …
Convict Entitled To Have Officer Called As Witness At Hearing, And To Have Independent Evaluation Of Informant's Allegations by Convict Entitled To Have Officer Called As Witness At Hearing, And To Have Independent Evaluation Of Informant's Allegations A prisoner at Sing Sing filed a federal civil rights suit challenging the …
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