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Ad Seg Right to Eyeglasses and Toilet Paper by Vernon Williams is a California state prisoner in administrative segregation (ad seg) at San Quentin. He filed suit challenging numerous conditions of his confinement. The court granted Williams leave to proceed In Forma Pauperis. This is not a ruling on the …
Article • August 15, 1993 • from PLN August, 1993
Overcrowding Emergency Measures Get Old by In Worthington v. Fauver, 440 A2d 1128 (1982), the New Jersey Supreme Court upheld an order by the governor, under the state's Civil Defense and Disaster Control Act, transferring state prisoners from overcrowded state prisons to county institutions. After more than a decade of …
Article • August 15, 1993 • from PLN August, 1993
The Federal SRA: A Social Experiment Gone Astray by Lee Alphonso Moore In 1984 Congress confronted the rise in drug and firearm related crimes by instituting a social experiment. The social experiment became known as the Sentencing Reform Act (SRA) of 1984. Congress assumed longer federal prison sentences--without parole--would serve …
US Marshals Liable for Beating by Fred Sandoval is a federal prisoner. While being transported to a court hearing the Marshals Service placed him in a private jail run by the Wackenhut corporation, contracted to the US government. A Wackenhut guard antagonized another prisoner who, thinking Sandoval was the culprit, …
Article • August 15, 1993 • from PLN August, 1993
Court Reporters Entitled to Only Qualified Immunity by Jeffrey Antoine was convicted of bank robbery in the US district court in Tacoma, WA. He appealed his conviction and ordered a copy of the trial transcript from the court reporter, May Ruggenberg. After two years of delays, filing deadlines passing, time …
Article • August 15, 1993 • from PLN August, 1993
California Prisons Grow by Since 1973 the U.S. prison population has tripled. According to a recent study by the Sentencing Project, a record 1.1 million Americans are now behind bars at a cost of $20.3 billion a year. We now have the highest rate of incarceration in the world, far …
Article • August 15, 1993 • from PLN August, 1993
No Waiver of Witness Fees for IFP Litigants by Bobby Dixon is a California state prisoner. He filed suit under § 1983 claiming that he was denied adequate medical treatment by prison officials. The case went to trial before a magistrate judge who granted the defendants' motion for a directed …
Article • August 15, 1993 • from PLN August, 1993
Filed under: Commentary/Reviews, Reviews
Periodical Reviews by Journal of Prisoners in Prisons is a biannual publication from Canada. Each issue is about 140 pages in length in a bound soft cover book type format. The latest issue (Vol. 4, No. 2) has several excellent articles regarding control units including lengthy, detailed pieces on Marion …
Article • August 15, 1993 • from PLN August, 1993
Rules for Appointment of Counsel Clarified by Dee Farmer is a male to female transsexual federal prisoner. She filed suit against BOP officials claiming they were deliberately indifferent to her serious medical needs, in violation of the eighth amendment, by not providing her with medical and psychiatric treatment for her …
Choice Between Exercise and Access Struck Down by The message in this case is that both the right of access to the courts and the right to outdoor exercise are important ones. "To sanction the policy of forcing a prisoner to choose between two important, indeed fundamental, rights," the court …
Disobeying State Court Order Basis for Section 1983 Liability by Ernest Walters is an Iowa state prisoner. He was infracted for allegedly lying to a guard. He was found guilty at a disciplinary hearing and punished. Walters filed a post conviction action in state court and won a default judgement …
Article • August 15, 1993 • from PLN August, 1993
Shackling Plainitff Violates Right to Fair Trial by Edward Lemons is an Illinois state prisoner. He claimed that while in segregation he was attacked and severely beaten by prison guards. When his case went to trial the judge went along with the defendant's request that Lemons be handcuffed and manacled …
Article • July 15, 1993 • from PLN July, 1993
Prison Riot in Argentina by One prisoner was killed and several were injured by gunfire and several others managed to escape from Batan prison outside Mar de Plata, Argentina, when a riot erupted after a Feb. 8, 1993, break out attempt. According to differing reports, either 23 or 18 of …
Article • July 15, 1993 • from PLN July, 1993
Men in Prison: A Review by Paul Wright Generally, whenever we review publications in PLN we give you a brief synopsis of their highlights and ordering information. That is because as a newsletter we lack the space to do much more than this. Occasionally a publication will come along that …
Reduction In Damages Improper by Harry Weeks was a parapeligic Ohio state prisoner. For a two year period Weeks was housed in a control unit at the Southern Ohio Correctional Facility (SOCF) at Lucasville, OH. The control unit did not permit Weeks to have a wheelchair. L.R. Chaboudy was the …
Article • July 15, 1993 • from PLN July, 1993
Prison Breakout in Peru by On March 27, 1993, some 70 prisoners from the Cuzco jail in the Southern Andes of Peru escaped after at least 20 presumed members of the Communist Party of Peru (PCP) destroyed a back wall by exploding a vehicle loaded with explosives, according to a …
Arizona Prisoners Denied Adequate Mental Health Care by The treatment of seriously mentally ill prisoners in Arizona is "appalling," according to a recent decision today by United States District Judge Carl Muecke in Phoenix. Ruling in Casey v. Lewis, a class action lawsuit brought on behalf of all Arizona prisoners, …
Article • July 15, 1993 • from PLN July, 1993
Incompetent Medical Exam Violates 8th Amendment by Eugene Souza was a Rhode Island state prisoner. He developed acute appendicitis and sought treatment from prison doctors. The prison did not provide direct access to doctors; instead, sick prisoners were screened by a guard/nurse who would schedule doctor visits if they felt …
Article • July 15, 1993 • from PLN July, 1993
Confiscation of Legal Materials States Claim by Wayne Zilich is a Pennsylvania state prisoner. When he was transferred from prison to a county jail for court proceedings jail guards confiscated a number of his transcripts, legal materials and papers and refused to return them. Zilich filed suit under § 1983 …
Article • July 15, 1993 • from PLN July, 1993
Lack of Treatment States Claim by Charles Watson is a Maine state prisoner. Prior to entering prison he injured his hand. Once imprisoned he sought medical treatment for his hand injury. A prison nurse examined him and refused treatment, saying the DOC was not responsible for injuries incurred before confinement. …
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