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Article • April 15, 1994 • from PLN April, 1994
Court Rules on Control Unit Law Library Access by Abdul Akbar is a Delaware state prisoner confined in the Maximum Security Unit (MSU) of the Delaware Correctional Center (DCC). The MSU is a control unit for the long-term segregation of prisoners that prison officials allege to be a danger within …
Article • April 15, 1994 • from PLN April, 1994
No Right to Gate Money by Several New York state prisoners filed suit under § 1983 over a plan enacted by the New York state legislature which revoked the $40 gate money previously given to prisoners upon their release by the state. They also challenged a plan under which prison …
Article • April 15, 1994 • from PLN April, 1994
Report on Indiana Control Unit Issued by The Coalition Against Indiana Control Units (CAICU) has issued it's report Human Rights Violations and Torture on the Rise at the Maximum Control Complex at Westville, IN: Profile of a Supermax . The report details and documents the conditions of confinement suffered by …
Article • April 15, 1994 • from PLN April, 1994
Ad Seg as Punishment Unlawful by Ad Seg As Punishment Unlawful Greg Stevens is an HIV+ Arkansas state prisoner, he is also missing a finger. Due to his medical condition he received a medical limitations slip which prohibited him from working in the prison fields. He reported to work in …
Article • April 15, 1994 • from PLN April, 1994
Mexican Prisoners Speak Out by [PLN is committed to keeping it's readers informed of those who are in prison as a result of the struggle for social and economic justice. By now everyone has heard about the rebellion which rocked Mexico when, on Jnauary 1, 1994, guerrillas of the Zapatista …
Article • April 15, 1994 • from PLN April, 1994
Filed under: Organizing
Stop the Ohio Super-Max! by Ohio presently imprisons some 41,000 prisoners in 23 different penitentiaries designed to hold 21,738. It plans to build six more prisons, including a super-maximum, or Super Max, prison which will confine only 500 prisoners and cost taxpayers $15 million to build. Super max prisons, such …
Article • April 15, 1994 • from PLN April, 1994
Detainees Have Right to be Vermin Free by Two federal pretrial detainees housed under contract in the Allegheny County Jail (ACJ) in Pennsylvania sued jail officials for a wide variety of ailments affecting jail prisoners. Among the issues they filed suit on were: inadequate ventilation, extreme temperatures, excessive noise, use …
Article • April 15, 1994 • from PLN April, 1994
Ohio Targets Activists as "Gang Members" by John Perotti Ohio Targets Activists As "Gang Members" By John Perotti The Department of Rehabilitation and Corrections (DORC) instituted a regulation prohibiting "gang related activity." This was implemented to fall in line with their overall intention to follow in the footsteps of California, …
MO Ad Seg Practices Unlawful by Several prisoners at the Missouri State Penitentiary (MSP) filed suit after they were held in administrative segregation (ad seg) for periods ranging between nine and thirty days without a hearing or an opportunity to challenge the information upon which the ad seg was allegedly …
Article • April 15, 1994 • from PLN April, 1994
IL Prisoners Have No Right to a Valid Classification System by State prosecutors' use of extreme language and personal opinion in letters that they are required to submit to the department of corrections for use in making initial prison security classifications of newly committed prisoners does not violate the constitution …
Article • April 15, 1994 • from PLN April, 1994
5th Cir. Guts Legal Mail Standard by Van Lee Brewer and Claude Harris are Texas state prisoners. They filed suit under § 1983 claiming that prison officials had opened and read their incoming legal mail from the courts, attorneys and government officials outside their presence. They also claimed their outgoing …
Article • April 15, 1994 • from PLN April, 1994
Legal News in Brief - 9th Cir. Amends LeMaire Opinion by The Court of Appeals for the ninth circuit recently amended an opinion concerning the constitutionality of conditions in the Oregon State Penitentiary's (OSP) Disciplinary Segregation Unit (DSU). PLN reported the decision in Vol. 5, No. 1 (January, 1994). The …
BOP Liable for Recalculating Sentence by Kent Alexander is a former federal prisoner. In 1986 he was released after serving a three year federal sentence. Eighty days later he was arrested for "violation of parole" and placed in FCI Tucson. The prison administrative systems manager, Luis Rivera, told Alexander that …
Article • April 15, 1994 • from PLN April, 1994
AZ Prisoners Have Right to Court Access by Antonio Bustamonte is an Arizona state prisoner held at the Winslow prison. In April of 1992 a riot broke out at the prison resulting in Bustamonte's housing unit being locked down. One of the consequences of the lockdown, in which prisoner's were …
Excluding Alibi Witness Unconstitutional by Kelvin Moye is a New York state prisoner. He was infracted for stabbing another prisoner. At his disciplinary hearing Moye requested a statement from a prisoner whose testimony would indicate that Moye could not have committed the stabbing. The hearing officer refused to obtain a …
Article • April 15, 1994 • from PLN April, 1994
9th Cir. Explains Review of Religious Claims by Jason Ward is the only Orthodox Jewish prisoner at the Ely State Prison in Nevada. He filed suit under § 1983 claiming that prison officials had violated his right to free exercise of his religion by not providing him with a kosher …
Article • April 15, 1994 • from PLN April, 1994
Court Cannot Dismiss Suit When Partial Filing Fee Paid by Robert Butler is a Nevada state prisoner. He filed suit under § 1983 alleging his defense attorney and trial judge at his state court trial had conspired together in order to deny him a fair trial. The district court granted …
Article • April 15, 1994 • from PLN April, 1994
GA Parole Rules Create Liberty Interest by Stephen Sultenfuss is a Georgia state prisoner serving sentences for two drug convictions. Under the rules of the Georgia Board of Pardons and Parole (GBPP) he should have served 10 months in prison. Disregarding their own rules the GBPP imposed a period of …
Article • April 15, 1994 • from PLN April, 1994
Brazilian Guard Gets 516 Years by On October 23, 1993, Celso Jose De Cruz, a military police investigator, was sentenced by a Brazilian judge to a record 516 years in prison for the murder of 18 prisoners. A jury had found Cruz, 46, guilty of all 18 counts of murder. …
Okay to Disclose Informant's Identity by David Sterling is a federal prisoner. He is also an informant. During the course of disciplinary proceedings against his cellmate, Lawrence Pekoske, Sterling provided information to Bureau of Prisons (BOP) officials under a promise of confidentiality. Pekoske filed a request to examine his prison …
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