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Failure to Provide Medical Treatment Unlawful by The court of appeals for the fourth circuit has held that jail guards have a duty to provide medical care for injuries resulting from attacks by other prisoners. Failure to do so may subject them to eighth amendment liability. In its ruling the …
Article • February 15, 1996 • from PLN February, 1996
From the Editor by Dan Pens PLN has reached the point where we need at least one full time staff person on the outside. The amount of work that needs to be done is beginning to overwhelm our volunteers. The trouble with the idea that we pay someone is simple: …
Federal Prisons Erupt by Dan Pens At least five federal prisons erupted in violence within days after a vote in the U.S. House of Representatives to overrule a recommendation by the U.S. Sentencing Commission to end the 100 to 1 sentencing disparity between crack and powdered cocaine offenses. Information on …
Article • January 15, 1996 • from PLN January, 1996
CBCC Prisoners Struggle by On September 26, 1995, some 25 prisoners in A unit of the Clallam Bay Corrections center (CBCC) attacked two guards and then attempted to barricade themselves and the guards within the 33 cell pod unit. The guards succeeded in escaping after being sprayed in the face …
Article • January 15, 1996 • from PLN January, 1996
Maryland Medical Co-Pay Policy Upheld by In the November, 1995, issue of PLN we discussed case law and litigation strategy on challenging state laws requiring prisoners to pay for medical services. As more states pass such laws we foresee more litigation on the issue. A federal district court in Maryland …
Article • January 15, 1996 • from PLN January, 1996
Filed under: Organizing
Direct Action in Ohio by Ohio Prisoner by an Ohio Prisoner In January of 1992, the Federal Bureau of Prisons (BOP) announced plans to build a federal prison in Columbiana County, Ohio. They planned to take over land owned and farmed by local families for generations. Local farmers and working …
7th Circuit Clarifies "Frivolous" and Safety Standard by The court of appeals for the seventh circuit ruled that a district court must determine a suit is not only legally insufficient but that it cannot be saved by amendment before the court can dismiss the suit as frivolous under 28 U.S.C. …
Article • January 15, 1996 • from PLN January, 1996
Arizona Prisoners Charged for Electricity by Dan Pens The 1995 Arizona legislature passed a law (AZ Rev. Statutes § 31-239) that requires the AZ DOC to establish a plan wherein prisoners will be charged a monthly "utility fee." The statute directs the DOC to collect a monthly fee, "not to …
Article • January 15, 1996 • from PLN January, 1996
Voting Rights Case Reinstated by In the July, 1994, issue of PLN we reported Baker v. Cuomo, 842 F. Supp. 718 (SD NY 1993), where a district court in New York sua sponte dismissed a lawsuit filed by black and Hispanic prisoners under 42 U.S.C. § 1983 claiming that state …
Article • January 15, 1996 • from PLN January, 1996
Filed under: Work, Chain Gangs
Back on the Chain Gang by John Stossel of ABC's 20/20 calls himself a libertarian. But rather than criticizing the reappearance of chain gangs as an assault on human liberty, Stossel promoted them on the June 9, 1995, broadcast as "reasonable punishment" and "only fair." When one Alabama prisoner pointed …
Article • January 15, 1996 • from PLN January, 1996
Women Prisoners Lose Discrimination Suit by Women Prisoners Lose Discrimination Suit In the December '94 issue of PLN we reported Klinger v. Nebraska DOC , 31 F.3d 727 (8th Cir. 1994) which had reversed an earlier ruling, at 824 F. Supp. 1374 (D NE 1993), PLN . Vol. 4, No. …
Texas Anti-Litigation Law by Dan Pens In its 1995 session, the Texas legislature passed a bill that amends and modifies Subchapter B, Chapter 15 of the Civil Practice and Remedies Code, purportedly to combat "frivolous or malicious litigation filed by inmates." By now PLN readers should be familiar with this …
Sexual Extortion Violates Eighth Amendment by Afederal court in the District of Columbia held that a prisoner who was extorted for sex by a prison guard and labeled a snitch as a result states a claim for an eighth amendment violation and qualified immunity is not appropriate. Gregory Thomas is …
Article • January 15, 1996 • from PLN January, 1996
Failure to Prosecute Dismissal Reversed by The court of appeals for the second circuit has held that a district court abused its discretion in dismissing a prisoner's civil rights suit on a basis of failure to prosecute where the prisoner plaintiff allegedly refused to attend jury selection in his case. …
Article • January 15, 1996 • from PLN January, 1996
Filed under: Attorneys, Public Defenders
WADA Squeezed Out of Existence by Dan Pens The Washington Appellate Defenders Association (WADA) ceased operating on July 31, 1995, because the nonprofit firm and the state could not agree to terms for a new contract. Patricia Novotny, WADA's assistant director said, "Our decision wasn't, not to re-sign [the contract], …
Article • January 15, 1996 • from PLN January, 1996
Filed under: Political Prisoners, Media
NBC Slanders Freedom Fighter by Jaan Laaman On Oct. 1, NBC's Sunday Night Movie was titled, 'In The Line Of Duty: The Hunt For Justice." It was billed as the "true story" of the decade long government hunt for a group of anti-imperialist political fugitives who, when finally captured in …
Article • January 15, 1996 • from PLN January, 1996
Filed under: News, News in Brief
News in Brief by IN: Al Parke, the new warden at the Indiana State Prison has solved his understaffing problems by cutting the number of required staff at the prison. He now has all slots filled simply by decreasing the number of slots. VA: On June 30, 1995, Virginia's only …
Article • January 15, 1996 • from PLN January, 1996
From the Editor by Paul Wright Welcome to another issue of PLN . Readers who have been with us for awhile may recall that Ed Mead and I have a suit pending against the Washington State Indeterminate Sentence Review Board (ISRB), AKA the parole board. Ed was the co-editor of …
Texas Detainee Wins Damages for Ad Seg Placement by A federal district court in Texas awarded $700 in compensatory damages to a county jail prisoner placed in administrative segregation without due process and held there for fourteen days. The court also considered the matter of prisoners' right to safety from …
Article • December 15, 1995 • from PLN December, 1995
Denial of Toilet Unconstitutional by A district court in Texas has held that placing a jail detainee in a cell with an inoperable sink and toilet and barely functioning shower and denial of hygiene materials violates the eighth amendment. Isiah Sanford was a detainee in the Ector County Jail in …
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