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Ninth Circuit Rules on Washington ADA Suit by Leonard Feldman [Editor's Note: Leonard Feldman is the Seattle attorney representing the plaintiff in the case discussed below.] Sean Duffy, the plaintiff in Duffy v. Riveland, 1996 WL 583384 (9th Cir. October 11, 1996), is a prisoner at the Washington State Reformatory …
County Liable for Trustee's Work; No Remedy for Illegal Detention by The court of appeals for the fifth circuit held that a county was properly liable where it did not reimburse a jail detainee for work he performed on public property. The court also held that a pretrial detainee's work …
Beating Shackled Prisoners States Claim by A federal district court in Georgia held that the eighth amendment prohibits the beatings of handcuffed and shackled prisoners. Federal prison employees are not immune to state law claims of assault and battery. The case involves two federal prisoners at the US Penitentiary in …
No Immunity for Retaliatory Discipline by The court of appeals for the fifth circuit has reaffirmed that prison officials who retaliate against prisoners who exercise their constitutional rights are not entitled to qualified immunity. The court also held that district court orders refusing to dismiss pendent state law claims are …
OK Prisoners Have Disciplinary Hearing Remedy by In the May, 1994, issue of PLN we reported Waldon v. Evans, 861 P.2d 311 (Okl. Cr. 1993) which held that Oklahoma state courts could hear prisoners challenges claiming due process violations in prison disciplinary hearings. In a new ruling, the Oklahoma Court …
Federal Courts Must Rule on State Law Claims in Beating by Michael McLaurin is an Arkansas state prisoner. A prison guard accused McLaurin of stealing cigarettes from another prisoner despite assurances from both prisoners that McLaurin was only holding the cigarettes as a favor to the owner. The guard struck …
Prisoners Have Right to Prompt Sentence Computation by David Plumb is an Oregon state prisoner. He filed suit under § 1983 claiming that his right to due process under the fourteenth amendment and his right to be free from cruel and unusual punishment under the eighth amendment were violated by …
Wisconsin Lacks Adequate State Remedies for Due Process Violations by Varees Smith is a Wisconsin state prisoner. He was infracted for allegedly charging another prisoner to do legal work. He filed suit under § 1983 claiming his due process rights were violated when a disciplinary hearing was held without notice …
Court Cannot Supply Elements of Complaint by Joseph Pena is a prisoner at the Washington State Penitentiary. He was subjected to a digital rectal search without probable cause and filed suit under § 1983. Prison officials sought dismissal of the complaint on grounds Pena had failed to state a claim …
Transferred Con Has Right to Books of Sending State by AUtah prisoner was subjected to what he claimed was an involuntary out-of-state transfer to an Arizona prison. The transferred prisoner filed a pro se habeas corpus petition in Superior Court of Arizona seeking, inter alia , access to legal research …
Expungement of Infraction Reversed by Michael Elkin is a New Jersey state prisoner. During the process of obtaining and testing a urine sample from Elkin, prison officials did not comply with the terms of a consent decree requiring urine samples to have a "continuity of evidence" attached and completed. Elkin …
Article • October 15, 1992 • from PLN October, 1992
Prisoner Fined for Frivolous Suit by Astate prison inmate sued a prison guard for $3.55 in actual damages, an injunction, and a declaratory judgement. His claim was that the guard took his coffee bag and two packs of cigarettes. Six days after the suit was filed, the trial court found …
Article • August 15, 1992 • from PLN August, 1992
Adverse Change in Board Rules is Ex Post Facto by Adverse Change In Board Rules Is Ex Post Facto The Oregon Court of Appeals has reaffirmed its holding that application of parole board rules not in effect when a prison committed his crime, and which had the effect of potentially …
Test for Calling Witnesses at Disciplinary Hearing by An inmate was found guilty of fighting and creating a dangerous disturbance on the basis of his being identified in a photo of the fight by an unidentified person. At the disciplinary hearing, he denied the charges and requested the name of …
Can't Stop Con's Legal Help Due to Transfer by Can't Stop Con's Legal Help Due To Transfer A New York prisoner incarcerated at Attica was granted authorization to provide legal assistance to two other inmates after completing a law clerk training program sponsored by the Department of Correctional Services. When …
Article • April 15, 1992 • from PLN April, 1992
Guard Liable for Hitting Prisoner by Guard Liable For Hitting Prisoner Ronald Neal is a Michigan state prisoner who was punched in the groin by a prison guard. Neal filed suit under 1983 claiming that his 8th amendment and due process rights had been violated, he also included a pendent …
Detainee's Beating is Cruel and Unusual by Detainee's Beating Is Cruel And Unusual Marcus Miller was a detainee in the Tulsa, OK, jail when he was ordered out of the jail law library. Miller refused and jail guards knocked him to the floor, handcuffed him and put him in a …
Article • January 15, 1992 • from PLN January, 1992
Alaska Con Has Liberty Interest in Prison Job by An Alaskan prisoner was subjected to a random urine test using the Enzyme Multiplied Immunoassay Technique (EMIT). He tested positive for marijuana use. Immediately after the test results came in, and without a disciplinary hearing, the prisoner was removed from his …
Article • November 15, 1991 • from PLN November, 1991
Sheriff Can't Release AIDS Test Results by Sheriff Can't Release Aids Test Results While awaiting transfer from a county jail to an Alabama prison, a convicted prisoner was given the opportunity to voluntarily submit to an AIDS test. he did so, but only after being assured by the county health …
Article • November 15, 1991 • from PLN November, 1991
Washington Supreme Court Rules on Lifers by John Midgley Washington Supreme Court Rules On Lifers John Midgley, Attorney At Law As most prisoners in the system now know, the Washington Supreme Court in August handed down its decision in the " lifer" case, In re Powell, et al., 117 Wn.2d …
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