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Article • February 15, 1994 • from PLN February, 1994
How to Secure the Attendance of Witnesses at Trial by Paul Wright By Paul Wright Most prisoner civil rights claims are filed by prisoner litigants who are representing themselves because they either cannot afford or cannot obtain counsel to do so. They can rarely afford to pay the relevant filing …
Article • February 15, 1994 • from PLN February, 1994
Filed under: Court Access, Judiciary
Rule of Law or Rule of Five? by Mark Tushnet By Mark Tushnet During her confirmation hearings Ruth Bader Ginsburg repeatedly described the role of the Supreme Court Justice as one of enforcing the rule of law. When she begins to work on the Court's cases, though, she may find …
Officials Must Assess Informant's Credibility by Kevin Richardson is a New York state prisoner. In 1985 he was infracted for allegedly stabbing James Caroline, another prisoner. At the disciplinary hearing Caroline submitted a statement on Richardson's behalf stating that Richardson was not the assailant. The hearing officer heard testimony, outside …
Article • February 15, 1994 • from PLN February, 1994
More Censorship and Repression in Indiana by On November 7, 1993, guards at the Maximum Control Complex (MCC) in Westville, Indiana, searched the cell of Shaka Shakur seeking to confiscate all copies of Human Rights Held Hostage , a civil/human rights publication. Not finding any copies they searched the other …
Article • February 15, 1994 • from PLN February, 1994
Filed under: Crime/Demographics, Crime
Class Differences in Crime Control by Ed Mead By Ed Mead The other day a prisoner at a women's prison wrote and asked me how we, as revolutionaries, would handle crime problems differently than the existing government is now doing. The biggest difference would be both a social and an …
Article • February 15, 1994 • from PLN February, 1994
Loved One in Prison? by As a writer and spouse of an incarcerated man, I am putting together a book to help people deal with the problems involved in having a loved one in prison. Through the initial detainment, trial, jail time and resulting imprisonment, the family on the outside …
Article • February 15, 1994 • from PLN February, 1994
Shackling of Con Litigants Discussed by Joe Woods is an Illinois state prisoner. He sued prison officials claiming his eighth amendment rights were violated when they did not feed him for two days during a lockdown. A jury ruled in favor of the prison official defendants. Woods appealed claiming that …
Court Upholds Silencing of Dan Quayle's Drug Supplier by Brett Kimberlin is a federal prisoner serving a 51 year sentence on drug and weapons charges. He briefly gained a bit of notoriety during the 1988 presidential campaign when he claimed that he had supplied drugs to George Bush's vice-presidential running …
Article • February 15, 1994 • from PLN February, 1994
Filed under: Commentary/Reviews, Reviews
Reviews by Paul Wright By Paul Wright Jail Suicide Update is a quarterly newsletter published by the National Center on Institutions and Alternatives. While focusing primarily on suicide prevention in jails its information is useful for prison administrators seeking to prevent suicides in prison as well as attorneys litigating custodial …
Article • February 15, 1994 • from PLN February, 1994
Attorneys File Briefs for Peruvian POW's by Paul Wright By Paul Wright On October 5, 1993, National Lawyers Guild (NLG) president Peter Erlinder and attorney Leonard Weinglass filed petitions with the Inter-American Commission on Human Rights on behalf of Abimael Guzman, the imprisoned chairman of the Communist Party of Peru …
Article • February 15, 1994 • from PLN February, 1994
Murder Incorporated by Bill Dunne By Bill Dunne The U.S. Bureau of Prisons recently designated the U.S. penitentiary at Terre Haute, Indiana, as the facility at which prisoners sentenced to death by the federal courts will be housed until they are executed by lethal injection. The federal government has never …
Article • February 15, 1994 • from PLN February, 1994
From The Editor by Paul Wright From the Editor By Paul Wright Welcome to another issue of PLN. You will notice that we are still experimenting with different formats. Our goal is to improve our appearance and at the same time make it more readable, just like the "real" magazines. …
Article • January 15, 1994 • from PLN January, 1994
Making Con Drink from Toilet States Claim by Making Con Drink From Toilet States Claim Apro se prisoner at the Indiana State Prison, Craig Thomas, filed a civil rights claim under 42 U.S.C. § 1983. The complaint raised a number of issues, only one of which survived the state's motion …
No Cause of Action in Reversed Disciplinary Sanction by Victor Sowell is a New York state prisoner. He was infracted for inciting a riot, assault and disobeying a direct order. He was transferred to a different prison and placed in segregation prior to his disciplinary hearing. At the hearing Sowell …
Ninth Circuit Approves Oregon Control Unit Conditions by Paul Wright By Paul Wright This is a case which challenged numerous conditions of confinement at the Oregon State Penitentiary's Disciplinary Segregation Unit (DSU), which is a control unit. The ruling does not bode well for prisoners seeking to question such conditions. …
Classification Chief Liable for Attack by Classification Chief Liable For Attack Israel Nelson was convicted in an Ohio court of assaulting his common law wife and was sent to a medium security prison. His wife contacted him and informed him that her brother, a major cocaine dealer, was plotting to …
Article • January 15, 1994 • from PLN January, 1994
Conditions Habeas Requires Administrative Exhaustion by Raleigh Irby is a prisoner at the federal Metropolitan Correctional Center (MCC) in Chicago. He petitioned the district court for release under 28 U.S.C. § 2241 (the habeas corpus statute) because he was not receiving adequate medical treatment for severe congenital disk disease. The …
Article • January 15, 1994 • from PLN January, 1994
Common Law Right to Inspect Court Records by This is not a prison case but it involves a net maker's suing a competitor for theft of trade secrets. In the course of the litigation various documents were submitted under seal and protective order to the court. That litigation was settled. …
Article • January 15, 1994 • from PLN January, 1994
Visitor Cannot Withdraw Consent to Search Once Search Has Begun by Visitor Cannot Withdraw Consent To Search Once Search Has Begun This prison case comes to us via a suppression of evidence hearing in a federal drug prosecution. Arthur Spriggs went to visit a prisoner at the Lorton Reformatory, a …
WI Prisoners Not Entitled to Minimum Wage by In part of the continuing struggle to obtain minimum wages for their labor, five Wisconsin prisoners filed suit under the Fair Labor Standards Act (FLSA) 29 U.S.C. § 201 et seq. The Wisconsin prison industries program, under the name of Badger State …
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