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Article • September 15, 1995 • from PLN September, 1995
CA Prisoners Assault Prison Office by Dan Pens On May 5, 1995, at 9:45 am, five prisoners at the Calipatria maximum security prison walked into an "A Facility" program office and stabbed a sergeant. Three other guards rushed to her aid and they too were stabbed in a brawl that …
BOP Prisoners Must Exhaust Administrative Remedies by PLN recently reported the U.S. Supreme Court decision in McCarthy v. Madigan , 503 US ___, 112 S.Ct. 1081 (1992), which held that federal prisoners did not have to exhaust administrative remedies (the grievance system) prior to filing suit in federal court. In …
Some Evidence Must Support Guilty Finding by When prison officials violate clearly defined procedural due process standards in a prison disciplinary hearing, they are not immune from § 1983 liability. Frederick Gilbert is a New York state prisoner. After 25 tape decks and 37 AC adapters were stolen from the …
Attorney Fees Awarded in MCC Suit by Past issues of PLN have reported on repression and conditions at the Maximum Control Center (MCC) in Westville, IN and the legal challenges to those conditions as well as political struggle around it. The lawsuit was settled which resulted in numerous changes being …
Detainee Entitled to Medical Care by The mere fact that a prisoner is "seen" by a doctor does not, by itself, constitute "medical care." Terry Guidry was a pretrial detainee in the Jefferson County Detention Center in Texas when he got into a fight with another prisoner. Instead of trying …
Article • September 15, 1995 • from PLN September, 1995
INS Detainees Trash Private Prison by On June 18, 1995, some 300 im migrants being held at the privately-run Esmor Immigration Detention Center in Elizabeth, New Jersey, chased out the guards, trashed the facility and held off federal, state and local law enforcement agents for nearly six hours. Police finally …
Supreme Court Rejects Govt Inter-Locutory Appeals in Civil Rights Suits by In a significant ruling the supreme court, in a unanimous opinion, has held that public officials who are sued cannot file inter-locutory appeals when a district court denies their motion for summary judgment based on the sufficiency of the …
Article • September 15, 1995 • from PLN September, 1995
Live From Death Row by David Gilbert by Mumia Abu-Jamal (Review by David Gilbert) "Perhaps we can shrug off and shred some of the dangerous myths laid on our minds like a second skin--such as ... the 'right[s]' to a fair trial even. They're not rights -- they're privileges of …
Article • September 15, 1995 • from PLN September, 1995
IL Change in Good Time Statute Unlawful by On December 22, 1994, the Illinois state supreme court held that an Illinois statute eliminating certain categories of prisoners from those eligible to early good conduct credit at an accelerated rate violates the state and federal constitutions when applied retroactively. The primary …
Diabetic Sues for Meals by Prisoners with medical conditions are entitled to special diets if needed to avoid illness. Robert Taylor is a diabetic and an Illinois state prisoner. His medical condition requires that he receive a special diet to insure that he receives the proper amount of sugars and …
Article • September 15, 1995 • from PLN September, 1995
Editorial by Dan Pens Welcome to another issue of Prison Legal News. This issue marks another step in our evolution. For the past year Paul and I have struggled to edit the content of the newsletter, trying as much as possible to keep the fluff out in order to make …
Article • September 15, 1995 • from PLN September, 1995
Filed under: News, News in Brief
News in Brief by Ohio: On July 10, 1995, Lonnie Stuckey, 35, a former prison guard at the Ohio Reformatory for Women was convicted on six counts of sexual battery for having sex with female prisoners in his care. At his trial Stuckey claimed he had a consensual sexual relationship …
Article • September 15, 1995 • from PLN September, 1995
Civil Forfeiture and Criminal Prosecution as Double Jeopardy by Jeffrey Steinborn They did it. That's right- your Government did it. Having been warned by their lawyers of the constitutional defects (and inherent unfairness) in their policy of impoverishing a drug defendant through civil forfeiture, then prosecuting him or her with …
Article • August 15, 1995 • from PLN August, 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 …
Hearing No Substitute for Trial by The court of appeals for the eighth circuit has held that a district court evidentiary hearing cannot serve as a substitute for a full trial, doing so violates a prisoner's seventh amendment right to a jury trial. Harold Hobbs, an Arkansas state prisoner, was …
Article • August 15, 1995 • from PLN August, 1995
OR DOC To Ban Smoking by The Oregon DOC has announced plans to ban smoking in all its facilities by October 1, 1995. The ban will be implemented in a four phase plan which gradually limits, then eliminates, the areas in which prisoners may smoke. The DOC will offer smokers …
Fear Constitutes Actual Injury by A district court in Illinois has held that the fear a prisoner experiences when attacked by another prisoner, in the absence of any physical injury, is sufficient injury to state a claim for compensatory damages under section 1983. Anthony Jones is an Illinois state prisoner …
Article • August 15, 1995 • from PLN August, 1995
Filed under: International, Immigration
INS Deportation Hearings Required Prior to Release by Boyd F Campbell The Ninth U.S. Circuit Court of Appeals reversed and remanded a lower court decision that denied relief to an alien inmate convicted of an aggravated felony who claimed the Immigration and Naturalization Service (INS) was not taking steps to …
Article • August 15, 1995 • from PLN August, 1995
No Immunity for Smoke Exposure by The Court of Appeals for the Eighth Circuit has affirmed a lower court ruling denying prison officials qualified immunity from money damages for exposing a prisoner to Environmental Tobacco Smoke (ETS). George Weaver, a Nebraska state prisoner, was placed in a cell with a …
WA Passes Record Anti-Prisoner/Defendant Legislation by Paul Wright By Paul Wright In the March, 1995, issue of PLN I gave a rundown on most of the anti-prisoner and defendant legislation then pending in the legislature. After we had gone to press for that issue Ida Ballasiotes, the rabid chair of …
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