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RFRA Must Be Argued on Merits by Prisoners at the Nebraska State Penitentiary filed suit under the Religious Freedom Restoration Act (RFRA) 42 U.S.C. § 2000bb claiming that prison officials had violated their right to practice their religion. The prisoners are adherents to Asatru, an Icelandic term for the ancient …
BOP Phone Litigation Update by In the March, 1994, issue of PLN we reported on Washington et al. v. Reno, et al., a lawsuit filed by women prisoners at FCI Lexington challenging the federal Bureau of Prisons (BOP) newly implemented Inmate Telephone System (ITS). [Editor's Note: For a full account …
Article • November 15, 1994 • from PLN November, 1994
MI Parole Consent Decree Vacated by In 1977 Michigan state prisoners filed a class action suit challenging the procedures by which they were granted or denied parole. In 1981 the US district court in Michigan entered a consent decree settling a lawsuit between the Michigan state Parole Board and Michigan …
Article • November 15, 1994 • from PLN November, 1994
Filed under: Work, Prison Labor
Detainees Can't Be Forced to Work by Dickie Cokeley is an Arkansas state prisoner. While confined in the Arkansas DOC his criminal conviction was reversed by a federal court. Upon reversal of his conviction Cokeley asked prison officials to place him on an unassigned work status. They refused to do …
Article • November 15, 1994 • from PLN November, 1994
Killer Workplace by On June 15, 1994, a conference on workplace violence was held at Boeing's Renton campus near Seattle, WA. The topic was growing workplace violence, defined as workers striking out rather than companies maiming, poisoning, exploiting workers and the community. According to Dr. Kevin Flynn, a consultant to …
Article • November 15, 1994 • from PLN November, 1994
WA Digital Probe Suits Barred by In 1984 the Washington state DOC opened two control units and initiated a policy whereby all prisoners transferred to the Intensive Management Units (IMU) were subjected to a digital rectal probe, or digital rape, upon entry. The "searches" were conducted on a blanket basis …
Article • November 15, 1994 • from PLN November, 1994
Refusal to Help Prisoner Eat Illegal by A Wisconsin state prisoner suffering from amyotrophic lateral sclerosis (ALS), also known as Lou Gehrig's disease, had difficulty eating due to weakness in his arms, hands, jaw, facial and throat muscles used in eating due to the disease's progression. Part of the treatment …
Admin Reversal Doesn't Affect Disciplinary Hearing Suit by Robert Walker is a New York state prisoner. During a search of Walker's cell prison guards found a knife and excess bedding and infracted him for their possession. At his disciplinary hearing Walker pleaded not guilty and maintained the knife and bedding …
Article • November 15, 1994 • from PLN November, 1994
The London Hanged: Crime and Civil Society in the 18th Century (Book Review) by Sandy Judd by Peter Linebaugh (Cambridge University Press, 1992) Review by Sandy Judd A title like The London Hanged might make a person think this is another book about death--an 18th century version of those true …
Ad-Seg Placement Without Hearing Illegal by Huey Wright is a New York state prisoner. In 1983 Wright was attacked in his cell by two other prisoners and placed in segregation on disciplinary charges. Three days later the disciplinary charges were dismissed by a hearing officer but Wright was retained in …
$273,000 Settlement for Gassing by A hallucinating diabetic was sprayed in the face with a chemical spray called "Freeze + P." after he had been arrested and tried to escape. The spray contains tear gas and a red pepper derivative. After being held in the Montgomery County, Alabama, jail for …
$1.7 Million Settlement for Beating by A homeless man arrested for not paying a $100 fine for shoplifting food was booked into the Los Angeles County Jail. He refused to take an X-ray test for tuberculosis and was placed into an unsupervised hallway with a much taller prisoner who had …
Article • October 15, 1994 • from PLN October, 1994
The Forgotten Crime Victim by Willie Wisely In the seemingly unending clamor for revenge against people in prison and those accused of committing a crime, a particularly vulnerable, unchampioned, group remain overlooked. Casualties of America's "War On Crime," a growing number of people have lost their lives to the unchecked …
Article • October 15, 1994 • from PLN October, 1994
Filed under: Medical, HIV/AIDS
No Right to HIV Testing by In 1989 a Kentucky state prisoner, John Doe, requested testing for the HIV virus which causes AIDS. His request was denied because he did not meet the criteria for HIV testing established by Kentucky Corrections Cabinet Policy 13.5. That policy states: "Testing for the …
Article • October 15, 1994 • from PLN October, 1994
U.S. Number 1 (in Murder, Violence, Imprisonment, etc.) by The United Nations released its 1994 Human Development Report in mid June, 1994. According to the report, the United States is first in murders, first in military spending, first in rapes and first in road accidents in the industrialized world. It …
Article • October 15, 1994 • from PLN October, 1994
Prisoner Mail Trashed at Waupun by In the editorial in the September, 1994, issue of PLN, we noted that subscribers at the Waupun Correctional Institution at Waupun, WI. had complained of not receiving their issues of PLN. Shortly thereafter we learned why. The August 4, 1994, edition of the Wisconsin …
Article • October 15, 1994 • from PLN October, 1994
Amnesty Criticizes OK Control Unit by On June 14, 1994, Amnesty International (AI) released a report harshly criticizing the control unit at the Oklahoma State Penitentiary (OSP) at McAlester. An AI investigation team toured the prison's H. Unit in March, 1994, and found that some 350 prisoners are held 23 …
Peruvian Government to Stand Trial for Prison Massacres by On June 19, 1986, political prisoners of the Communist Party of Peru (PCP) held at three prisons revolted demanding government compliance with agreements previously reached governing the prisoners' conditions of confinement. The Peruvian government of then President Alan Garcia refused to …
Article • October 15, 1994 • from PLN October, 1994
Name Change Statute Upheld by Kevin Mathews is a Texas state prisoner who filed suit under § 1983 challenging the constitutionality of § 32.22 of the Texas Family Code. The statute in question prohibits convicted felons from changing their names unless the person has been discharged from parole or probation, …
Article • October 15, 1994 • from PLN October, 1994
Fraudulent Police Chemist Flees Justice by A former West Virginia state police chemist, Fred Zain, 43, accused of rigging criminal evidence in two states is missing and being sought by Texas authorities. Texas state district Judge Mickey Pennington issued what is called a "capias warrant" in Texas, meaning any law …
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