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Article • May 15, 1992 • from PLN May, 1992
Delay of Legal Files States Claim by Delay Of Legal Files States Claim A Washington D.C. prisoner was transferred to various state and federal prisons. In the course of the transfers Lorton prison officials delayed and refused to send the plaintiff, Crawford El, his property containing his legal materials. Crawford …
Prison Officials Cannot Delay Access to Case Law by Prison Officials Cannot Delay Access To Case Law Washington state prisoner Mark Larue was transferred out of state to the Illinois DOC while pursuing a collateral attack on his conviction. The lawyer representing Larue withdrew from the case and the state …
Florida Visiting Rules Create Liberty Interest by William Van Poyck is a Florida death row prisoner convicted of killing a prison guard while helping another prisoner escape. While Van Poyck was awaiting trial in the Palm Beach County jail he met Deborah Chisholm, a nurse at the jail. After he …
Article • April 15, 1992 • from PLN April, 1992
Court Reporters Entitled to Absolute Immunity by Court Reporters Entitled To Absolute Immunity Jeffrey Antoine was charged with bank robbery and tried in US district court in Tacoma, WA. Shanna Ruggenberg was the court reporter at trial and was responsible for producing the transcript for Antoine's appeal after he was …
Article • April 15, 1992 • from PLN April, 1992
Qualified Immunity Granted in Digital Rectal Searches by Qualified immunity Granted In Digital Rectal Searches In a case that may affect the many Washington state prisoners who were subjected to digital rectal searches, the 4th circuit court of appeals upheld a jury finding of qualified immunity for Arizona prison officials …
CBCC Publisher Only Rule Upheld on Qualified Immunity Grounds by Martin Johnson was a federal prisoner sent to the Clallam Bay Corrections Center (CBCC) in Washington state as a boarder. He filed suit challenging numerous aspects of prison conditions under the due process clause of the federal constitution. The district …
Article • March 15, 1992 • from PLN March, 1992
Prisoner Must Be Informed of HIV Status by Prisoner Must Be Informed Of HIV Status Tyrone McIlwain was a Virginia prisoner who overdosed on heroin and was taken to the Prince William hospital emergency room for treatment. Without his knowledge or consent, blood tests were performed which revealed he was …
Credibility of Informants Must be Weighed by Credibility Of Informants Must Be Weighed Jerome Russell, a New York state prisoner at Greenhaven prison, was infracted for assaulting another prisoner. Three confidential informants submitted statements to prison officials identifying Russell and four others as the assailants. At his hearing Russell requested …
'Partial Victory' In Attica Prisoners' Case by From: Workers World Newspaper A bitterly divided jury returned a mixed verdict Feb. 4 in the lawsuit by former inmates at Attica Prison against four former New York state officials. The suit by the Attica Defense Committee grew out of the bloody, murderous …
Article • February 15, 1992 • from PLN February, 1992
Prisoner Can Receive Diploma in Mail by Bobby Griffin is a Missouri state prisoner who graduated from a college paralegal course. Upon graduation the college mailed him his diploma and grade transcript. This was rejected by prison officials who claimed prison regulations prohibited prisoners from having original diplomas and transcripts …
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 …
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