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Article • October 15, 1995 • from PLN October, 1995
AZ's War on the Federal Judiciary by In large class action suits when courts find constitutional violations they sometimes order large-scale changes. This is especially the case in institutional reform litigation that typically involves prisons. To ensure that court orders are being carried out and to measure progress, which sometimes …
Population Cap, Fines Affirmed by The court of appeals for the fifth circuit has affirmed a district court ruling which set population caps on the population of a county jail and imposed fines for each prisoner over the cap held at the jail. The court also affirmed the lower court …
Article • October 15, 1995 • from PLN October, 1995
South Africa Bans Death Penalty by On June 6, 1995, the Constitu tional Court of South Africa issued a ruling banning capital punishment in that country. The court was established earlier this year to interpret South Africa's new constitution, the first to guarantee equal rights for all citizens. During the …
Article • October 15, 1995 • from PLN October, 1995
WA Publisher Only Rule Challenged by In the February, 1995, issue of PLN we reported on Sindars v. Riveland, an unpublished ninth circuit ruling reversing dismissal of a Washington state prisoner's challenge to the Washington DOC's "publisher only" rule which mandates that all written materials be sent from the publisher. …
AZ Court Affirms Food Packages by In an Order dated April 7, 1995, United States District Judge C.A. Muecke ruled in Hook v. Arizona, No. CIV 73-97 PHX CAM, that Arizona inmates will continue to receive three 25 pound food packages at Christmas. Arizona inmates will also be allowed once …
Article • October 15, 1995 • from PLN October, 1995
Asbestos Exposure States Claim by A district court in Massachusetts has held that a suit claiming exposure to asbestos states a claim for violation of the eighth amendment. County jail prisoners filed suit claiming they were exposed to "raw, open and dry asbestos fibers" on exposed pipes within the jail. …
Article • October 15, 1995 • from PLN October, 1995
US Prison Population Report by According to the Department of Justice the American prison population has grown more than 2.5 times between 1980 and 1993. As of 1993, the latest year statistics are available, 2.6% of the US adult population, 4.9 million adults, were on parole, probation, in prison or …
Article • October 15, 1995 • from PLN October, 1995
Filed under: Work, Prison Industries
The Bottom Line: California's Prison Industry Authority by Willie Wisely Imagine a half-billion dollar manufacturing company that uses slave labor, has little overhead, ignores state and federal laws regulating workplace safety, includes hazardous materials in the construction of its products, forces customers to buy those products under penalty of law, …
Article • October 15, 1995 • from PLN October, 1995
Filed under: Reviews, Court Access
The Citebook by Paul Wright Review by Paul Wright The Citebook is a 275 page book written by Tony Darwin designed to help laypersons help themselves in researching their litigation. Now in its eleventh printing the book is organized by subject and gives a brief description of relevant cases. This …
Article • October 15, 1995 • from PLN October, 1995
AZ Chain Gangs Protested by When Arizona became the second state to reinstate the use of prison chain gangs, Donna Hamm wasn't going to allow it to happen without her voice of protest being heard. On June 12, 1995, Ms. Hamm, a long time prisoner rights activist, PLN supporter, former …
Article • October 15, 1995 • from PLN October, 1995
Worked to Death: OH Work Release Programs by Dan Cahill By Dan Cahill Many of us have been concerned about the possibility of abuse and tragedy in the unprotected use of prison labor. Over the past several years Ohio legislators have made it legal to market prison labor to private …
7th Cir. Clarifies "Deliberate Indifference" for Medical Cases by To state an eighth amendment violation, prisoners must do more than claim mere negligence by prison medical staff. Willie Sellers was a federal prisoner held at the infamous penitentiary at Marion. He is also a diabetic. He filed suit claiming that …
MN Passes Laws Against Prison Litigators by The 1995 session of the Minnesota state legislature passed laws aimed directly at jailhouse layers. MN Statute § 243.241 titled "Civil Action Money Damages" was created. It states: "Money damages recovered in a civil action by an inmate confined in a state correctional …
Article • October 15, 1995 • from PLN October, 1995
Detainees Entitled to Exercise and Law Library by Pretrial detainees, like convicted prisoners, retain a right of access to the courts and to outdoor exercise. Jim Housley was a pretrial detainee in the Custer County jail in Oklahoma. He filed suit under 42 U.S.C. § 1983 claiming that his constitutional …
Article • October 15, 1995 • from PLN October, 1995
Loompanics Unlimited by Loompanics modestly bills itself as "the best book catalog in the world." If it's not the best it is certainly the most diverse, having all the books you've heard about but probably haven't seen in the neighborhood bookstore. Loompanics is a publisher and vendor that pushes the …
All Writs Act Limited by The seventh circuit court of appeals has given a narrow interpretation to the All Writs Act, 28 U.S.C. § 1651, by holding that a district court lacked the authority to order the Illinois DOC to transport a prisoner to a medical expert witness's office for …
Article • October 15, 1995 • from PLN October, 1995
FL Enacts More Anti-Prisoner Laws by On June 14, 1995, several laws affecting prisoners were passed into law without the signature of Governor Lawton Chiles. Under this legislation prisoners convicted after October 1, 1995, must serve at least 85% of their sentences in prison. Other laws will expand the prison …
Article • October 15, 1995 • from PLN October, 1995
CBCC EFV Stabbing Trial by In the March, 1995, issue of PLN we reported that Todd Hiivala, a prisoner at the Clallam Bay Correction Center (CBCC) in Washington, stabbed his wife Heather several times during an Extended Family Visit (EFV) on January 7, 1995. Hiivala was shot by tower guard …
Article • October 15, 1995 • from PLN October, 1995
Disciplinary Segregation Bars Criminal Prosecution by PLN rarely reports unpublished court rulings but we do so occasionally when such rulings have a news value to readers or state a novel legal theory. This is such a case. A superior court in Norfolk County Massachusetts has held that filing criminal charges …
Article • October 15, 1995 • from PLN October, 1995
Cocaine Sentencing Disparities May Change by The Sentencing Guidelines Com mission (SGC) is an independent body created by Congress in 1984 to reduce sentencing disparities in the federal court system. This has included creating sentencing guidelines which greatly restrict the discretion of judges in imposing sentences. In 1986 and 1988 …
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