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Article • December 15, 1994 • from PLN December, 1994
MI DOC Creates Liberty Interest in Seg Release by Wendell Mackey is a Michigan state prisoner. He was found guilty of possessing contraband and assaulting another prisoner and placed in administrative segregation. After spending nearly one year in segregation, he was reclassified and scheduled to be released to general population. …
Article • December 15, 1994 • from PLN December, 1994
Women Prisoners Lose Equal Protection Suit by In the December, 1993, issue of PLN, we reported on Klinger v. Nebraska Department of Corrections, 824 F. Supp. 1374 (D Neb. 1993) which had resulted in a significant victory for Nebraska's female prisoners who had filed a class action suit claiming they …
Article • December 15, 1994 • from PLN December, 1994
Kurdish Prisoners Resist by Kurdish political prisoners at the Diyarbakir maximum security prison in Turkey battled soldiers on October 4, 1994, in an attempt to block the torture and interrogation of another prisoner. Turkish soldiers fired shots into the air and tear gassed the prisoners, who responded by throwing broken …
Article • December 15, 1994 • from PLN December, 1994
Court Orders Return of Disks by Charles Oropallo is a New Hampshire state prisoner. Pursuant to prison regulations, in 1991 Oropallo ordered a Smith Corona word processor with disk storage capacity. In 1992, prison rules changed, prohibiting the possession of "computers" with a memory storage capacity. As a result, his …
Article • December 15, 1994 • from PLN December, 1994
Obtaining Prisoner Witnesses by This case involves an effort by state government defendants in a civil rights suit to obtain the presence of a witness to testify on their behalf. The case provides a useful discussion of writs of habeas corpus ad testificandum, whereby parties to civil or criminal actions …
Article • December 15, 1994 • from PLN December, 1994
Filed under: News, News in Brief
News in Brief by France: A French prison worker's union said it was suing 100 prisoners and detainees as a symbolic protest of under staffing in France's crowded jails. The unions said its members wouldn't be overworked if prisoners had respected the law and stayed out of jail. Jamaica: Three …
Article • December 15, 1994 • from PLN December, 1994
Fast Food Style Death Penalty Defense by Harris County, Texas, which encompasses Houston, is the death-penalty capital of the U.S. [See: Houston, Death Penalty Capital of USA on page 15 of this issue]. What better place for a lawyer to develop and market the same techniques that made fast food …
Article • December 15, 1994 • from PLN December, 1994
Pro Se Litigants Subject to Rule 11 Sanctions by Lee Warren is a former Washington state prisoner. While confined at the McNeil Island Corrections Center (MICC) he claims he was assaulted by a staff cook. He filed suit under 42 U.S.C. § 1983 in US district court in Seattle in …
Article • December 15, 1994 • from PLN December, 1994
Russian Jails in Crisis by For decades the United States government used its propaganda machine to rail about the former Soviet Union's prison system. That the American government is silent about the new Russian prison system is more an indication of the fact that Russia has formally restored capitalism and …
Article • December 15, 1994 • from PLN December, 1994
From the Editor by Paul Wright By Paul Wright Welcome to another issue of PLN. Everyone at PLN would like to extend our thanks to the Peradam Foundation for their generous grant to PLN of $3,900 which will enable us to buy computer equipment necessary for the magazine' s production. …
Article • November 15, 1994 • from PLN November, 1994
No Immunity for Beating by Thomas Munz was an Iowa state prisoner called to testify in federal court. Munz was taken to the court by federal marshals. En route to the court, while bound hand and foot, Munz became violent and vandalized the interior of the marshal's car. When Munz …
Article • November 15, 1994 • from PLN November, 1994
Filed under: Civil Procedure, Discovery
Lawyers Deny Inmate Discovery Pending Motion to Dismiss in Federal Court by Allan Parmelee In all the lawsuits brought by federal prisoners against prison staff, the U.S. Attorney who defends them will usually file a Motion to Dismiss or in the Alternative for Summary Judgement in favor of the defendants. …
Evidence Must Support Disciplinary Charge by Indiana is unique in that it does not provide any state court remedy for prisoners who lose good time in prison disciplinary hearings. As a result, Indiana state prisoners seeking the restoration of lost good time or expungement of infractions must file directly in …
Article • November 15, 1994 • from PLN November, 1994
Shortened Pens States Claim by Two prisoners in the segregation unit of the Waupun Correctional Institution at Waupun, Wisconsin, filed suit challenging the prison's practice of issuing segregation prisoners only the ink tube portion of a ball-point pen with which to write. Prisoners who modify the ink tube in anyway …
Article • November 15, 1994 • from PLN November, 1994
Filed under: Medical, HIV/AIDS
Asian Prison News by Indonesia: The warden at the Kedungpane prison in Semrang announced that new good time releases would be offered to prisoners who donated blood and organs. Each blood donation by a prisoner would result in a six month time reduction per year. Donation of an organ would …
Article • November 15, 1994 • from PLN November, 1994
DOJ Releases ADA Advisory Report by In 1990, Congress passed the Americans with Disabilities Act (ADA), 42 U.S.C. § 12131-12134, which prohibits discrimination against the disabled by state and local government entities. The ADA applies to criminal justice agencies, including prisons and jails. The Department of Justice (DOJ) is one …
Article • November 15, 1994 • from PLN November, 1994
Change in Parole Eligibility Actionable Under Section 1983 by Thomas Lewis is a Tennessee state prisoner convicted in 1984 and sentenced to 30 years in prison. At the time of his conviction prisoners became eligible for parole consideration after serving thirty percent of their sentence. In 1989 the Tennessee DOC …
Article • November 15, 1994 • from PLN November, 1994
U.S. S.Ct. to Hear Prison and Parole Cases by The 1994-95 term of the United States Supreme Court began on October 3, 1994. Among the cases scheduled for hearing by the Supreme Court are two cases previously reported in PLN which will have wide ranging effect. California Department of Corrections …
Article • November 15, 1994 • from PLN November, 1994
A Prison a Week by According to the Bureau of Justice Statistics Bulletin, Prisoners in 1993, the nationwide 7.4% growth rate of state and federal prison populations in 1993 translates to 1,254 additional prisoners each week. This rate of growth can only be supported by building one 1,254 bed prison …
Retaliation Suit Requires Trial by Allan Dillon is a Virginia state prisoner who was raped by another prisoner. Lawrence Dury was the Virginia DOC (VDOC) internal affairs investigator assigned to investigate the rape. During a search of Dillon's cell pursuant to the investigation, Dury discovered papers indicating that Dillon was …
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