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Article • July 15, 1994 • from PLN July, 1994
Supreme Court Defines "Deliberate Indifference" in Prison Rape Case by The US Supreme Court heard only one prison related case in its 1994 term, and it resulted in a win for the prisoner. In Farmer v. Brennan the court was asked to answer what constitutes "deliberate indifference" to a prisoner's …
English Only Rule for Prayer Illegal by DeMont Conner is a Hawaii state prisoner. He filed suit under section 1983 claiming prison officials had violated his due process rights by punishing him for praying in Arabic with another prisoner and that the disciplinary hearing itself did not comport with due …
Article • July 15, 1994 • from PLN July, 1994
Prison Overcrowding Crisis Continues, Says ACLU Report by Washington, D.C. - February 14, 1994- Thirty-nine states, plus the District of Columbia, Puerto Rico and the Virgin Islands, are under court order to reduce prison overcrowding and/or to remedy unconstitutional conditions, according to the new Status Report released today by the …
The ACLU Takes Indiana Prison Officials to Court by Mentally ill prisoners shackled to their beds, sick prisoners denied treatment, indigent prisoners forced to pay for medication or do without -- these and other deplorable conditions at the Westville Correctional Center have forced attorneys for the prisoners to return to …
PLN Suit Filed Against ISRB by Paul Wright By Paul Wright Readers may recall that former PLN coeditor Ed Mead was released from prison in October, 1993, after serving nearly 18 years in prison. The day after he was released he was required to sign a standard conditions of release …
RFRA Supersedes O'Lone by O'Lone As reported in PLN, Vol. 5, No. 6, the Religious Freedom Restoration Act (RFRA) was signed into law by President Clinton in November, 1993. It forbids government infringement of religious rights and claims. The RFRA is already being applied to prisoner civil rights actions with …
Prisoners Retain Right Against Self-Incrimination by Coy Phelps is a patient involuntarily committed in a Federal Medical Center (FMC) after having been acquitted of criminal charges by reason of insanity. He filed suit challenging both the statutes allowing his commitment and the conditions of confinement he was subjected to. He …
WA Prisoners Must Exhaust State Remedies by John Dewyer is a Washington state prisoner. He is serving a determinate, SRA sentence. At a prison disciplinary hearing he was found guilty of an unspecified offense and sanctioned by 15 days of segregation and 30 days loss of good time, the latter …
Article • July 15, 1994 • from PLN July, 1994
From The Editor by Paul Wright From the Editor By Paul Wright Welcome to another issue of PLN. We apologize to our readers for the delays caused in recent months. Our new printer is working out quite well and as a result we are able to bring you more pages …
Article • July 15, 1994 • from PLN July, 1994
Filed under: News, News in Brief
News in Brief by KS: The state legislature enacted a death penalty law that becomes effective July I, 1994. The law restored the death penalty in Kansas for the first time since 1972 when the US Supreme Court struck down as unconstitutional Kansas' death penalty statute. Governor Joan Finney allowed …
Article • July 15, 1994 • from PLN July, 1994
Media Hype Exposed by Anyone who watches TV or reads corporate media publications is well aware of the unrelenting propaganda barrage of hysterical stories attacking prisoners, criminal suspects, etc., as part of a "crime wave." With the collapse of the former USSR the ruling elite has been in desperate search …
Article • July 15, 1994 • from PLN July, 1994
Filed under: Medical, HIV/AIDS
HIV+ Cellmate Doesn't State Claim by This is yet another addition to the growing area of HIV/AIDS in prison case law. Andrew Marcussen is an Iowa state prisoner. He filed suit claiming prison officials were deliberately indifferent to his safety by assigning an HIV+ prisoner to his cell, thus, he …
Article • July 15, 1994 • from PLN July, 1994
Prison Psychologist Opens Brothel by While this case has little bearing on prison litigation per se we thought our readers would find it informative and amusing. William Knapp is the Principal Psychologist for the Nevada Department of Prisons. He was fired from his job after initiating and pursuing a venture …
Article • June 15, 1994 • from PLN June, 1994
No Miranda Rights in Prison by PLN does not normally report on criminal cases, however, that line is sometimes blurry and we will report on cases which will affect or interest our readers. Marco Garcia was a prisoner in the Hillsborough County Jail in Florida. He was observed by jail …
Article • June 15, 1994 • from PLN June, 1994
Filed under: Prison Labor, Organizing
Prison Labor and the Need for Representation by H Rosenberg By H. Rosenberg The 1993 session of the Washington State Legislature, passed a bill into law, mandating that Washington State DOC double the size of the Institutional Industries program within the next several years. The bill in essence creates more …
Article • June 15, 1994 • from PLN June, 1994
IL Bans Prisoner Name Changes by The Illinois legislature recently passed Public Act 88-25, effective July 6, 1993, which prohibits convicted felons from changing their names while incarcerated. The act also prohibits felons from changing their names until two years after being paroled or pardoned. Anthony Bogan is a PLN …
Article • June 15, 1994 • from PLN June, 1994
Stun Gun Use Violates Constitution by J.B. Hickey was an Arkansas state prisoner in the Pulaski County jail awaiting transfer to the penitentiary. Jail officials ordered him to clean his cell and he refused. Jail deputies told Hickey they would shoot him with a stun gun unless he cleaned his …
ISR Seg Conditions Suit Not Frivolous by Twelve prisoners in the segregation unit of the Indiana State Reformatory (ISR) filed suit challenging their conditions of confinement. They claimed that their right to freely practice their religious faith was violated when they were denied access to religious programs; their right of …
Article • June 15, 1994 • from PLN June, 1994
Repression Ohio Style by John Perotti By John Perotti On April 14, 1994, the 60th day of a hungerstrike by Danny Cahill (see PLN, April, 1994), state representatives Rhine McLin and Samuel Bateman ordered Lebanon Correctional Institution officials to take them to Danny's isolation cell. Danny had been experiencing daily …
NV Disciplinary Seg Rules Create Liberty Interest by Andrew Walker was a federal prisoner housed in the Nevada state prison system. During a cell search guards found a knife in Walker's cell. After the knife was found, Walker was placed in segregation. Prison officials claimed it was administrative segregation (ad …
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