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Unprovoked Assault States Claim by The sixth circuit court of appeals held that an unprovoked assault by Ohio prison guards states a claim for an eighth amendment violation. In doing so, the court rejected the prison guards' contention that unprovoked assaults do not, as a matter of law, state an …
Article • July 15, 1995 • from PLN July, 1995
Filed under: Work, Chain Gangs
AL Brings Back Chain Gangs by Ron Jones, commissioner of the Alabama DOC, has announced that it has ordered 300 sets of leg irons to the tune of $17,000 so prisoners can be put to work for the first 90 days of their sentences. Jones is carrying out a directive …
Article • July 15, 1995 • from PLN July, 1995
Filed under: Reviews, Organizing
The Rise and Fall of California's Radical Prison Movement (Book Review) by Mark Cummins This is a history of the California prison movement from 1950 to 1980, focusing on San Quentin state prison and highlighting the role that prison reading and writing played in the creation of radical prisoner ideology …
Denial of Witnesses Violates Due Process by A federal district court in New York has held that a prisoner's due process rights were violated at a disciplinary hearing when the hearing officer refused to call a guard as a witness and failed to interview the guard to determine what his …
Retaliatory Infraction States Claim by An Illinois district court has reaffirmed that prisoners retain a first amendment right to complain about prison conditions without fear of being subjected to retaliation by prison officials. Selma Geder, an Illinois state prisoner, filed numerous administrative grievances complaining about prison conditions. In retaliation for …
Article • July 15, 1995 • from PLN July, 1995
9th Cir. Upholds Attorney Fee Award by This is not a prison case per se. It involves the ninth circuit court of appeals upholding an award of attorney fees of $66,535 in a case where the plaintiff only recovered nominal damages of $1. Because prison litigation often involves small or …
Article • July 15, 1995 • from PLN July, 1995
Books Available: Cages of Steel by Ward Churchill Due to a shortage of space we are just giving short announcements to readers as to which books are available that may be of interest. The brevity of the review is no reflection on the quality of the book, just a matter …
Article • July 15, 1995 • from PLN July, 1995
4th Cir. Clarifies IFP Dismissal Standard by The court of appeals for the fourth circuit has limited the discretion of district courts to dismiss suits filed in forma pauperis (IFP) on grounds of frivolousness where the court believes the complaint is untimely. The court also discussed when a cause of …
Article • July 15, 1995 • from PLN July, 1995
Book Review: Prison Violence in America by M Braswell by M. Braswell, R. Montgomery and L. Lombardy. The book opens with a letter from George Jackson, excerpted from Soledad Brothers. What follows is a rather detailed and scholarly examination of numerous aspects of prison violence. Included are chapters on the …
CA Families Fight to Maintain Bonds by Willie Wisely Hundreds of family members, loved ones, friends, and advocates converged on the California Department of Corrections headquarters April 27, 1995, to express their support for family ties and opposition to a proposed administrative regulation which would eliminate family visits for a …
Article • July 15, 1995 • from PLN July, 1995
Supreme Court Turns Back Parole Challenge by In the July, 1994, issue of PLN we reported Morales v. California DOC, 16 F.3d 1001 (9th Cir. 1994). The appeals court held that a California statute that was modified to allow for parole hearings every three years instead of every year violated …
Article • July 15, 1995 • from PLN July, 1995
Filed under: News, News in Brief
News in Brief by WA: Dan Hughes, the city maintenance supervisor of West Richland used a work crew from the Coyote Ridge Correctional Center to fix the irrigation system, clean a forklift and paint a fuel tank at his home in 1992 and 1993. The prisoner work crew was under …
Article • July 15, 1995 • from PLN July, 1995
From The Editor by Dan Pens From the Editor by Dan Pens Paul says I can only have a thousand words; we have backlog of articles and cases waiting for space. So I'll get right to it. We recently started including a Adrop card in every issue. Sorry if they …
Article • July 15, 1995 • from PLN July, 1995
Filed under: Commentary/Reviews, Reviews
Prisoners and the Law by Review Prisoners and the Law is the title of the four volume set by law professor Ira Robbins. First published in 1985 the set is regularly updated, most recently in December of 1994. While many books on prisoner rights give an overview of the applicable …
Article • July 15, 1995 • from PLN July, 1995
Health Problems in WY by We have a new Health Service provider that took over from the state. They worry about costs over and above prisoners' health care. The name of the provider is Wexford Health Services, Inc. Their home office address is 4500 PGA Blvd. Suite 302, Palm Beach, …
Excessive Force Jury Instructions Affirmed by Robert Baker is a Missouri state prisoner. He filed suit under 42 U.S.C. § 1983 claiming that his eighth amendment rights were violated when prison guards swept garbage and water into his cell after which he fell and injured himself. While being taken to …
Article • June 15, 1995 • from PLN June, 1995
Just Say "No?" by Phillip McLaughlin by Philip McLaughlin   We are reprinting the following article because we think our readers will be interested in knowing about the forced drugging of prisoners. The legal background for this is that in 1989 the Washington state supreme court decided Washington v. Harper …
Article • June 15, 1995 • from PLN June, 1995
The Last Mile by Johnny "Byrd Dog" Byrd Sunday, March 13th, 1994, at 12:35 pm., exactly 35 hours and 26 minutes before my scheduled, state-sanctioned murder, the "Death Row Escort Squad" arrived at cell, saying "It's time Byrd Dog," "strip" said one. A number of men stood in front of …
Article • June 15, 1995 • from PLN June, 1995
New Habeas Book by Book Review Habeas Corpus Checklist is the 1995 book by Ira Robbins which gives an exhaustive overview of the law of federal habeas corpus petitions. The book is current through the Supreme Courts 1993-94 term. Useful for both attorneys and pro se litigants the book is …
Article • June 15, 1995 • from PLN June, 1995
Grand Jury Slams FL Prison, Again by Paul Wright By Paul Wright Glades Correctional Institute (GCI) is a medium security prison located near West Palm Beach in Florida GCI is no stranger to controversy. In PLN, Vol. 5, No. 9, we reported audits showing that GCI officials were paying $5.42 …
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