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Elements of Jail RICO Suit Explained by Billy Joe Ashe is a Montgomery County, Texas, prisoner. He filed suit claiming that in retaliation for filing suit against members of the Sheriff's Department he and his co-plaintiff, and their prisoner witnesses, were subjected to a frightening pattern of physical violence and …
Judge Cannot Make Credibility Findings by Roland Pettengill is an Arkansas state prisoner. While in segregation he went to yard. Before entering the yard he alerted sergeant George Veasey that an enemy of his was in the yard. Veasey gave Pettengill the choice of going to yard with his enemy …
Unsworn Declarations Admissible by This is a case that will be useful to prisoners in control units or smaller prisons where public notary services are difficult to obtain. Sam Williams is a Michigan state prisoner convicted of murder who was transferred from a max to medium security prison. After a …
Inhumane Conditions Suit Requires Trial by Marshal Jackson, an Indiana state prisoner filed suit on the subhuman prison conditions he was subjected to in the Indiana penal system. He claimed he was forced to live with filth, inadequate plumbing, roaches, rodents, poor lighting, inadequate heating, rusted out toilets, drinking water …
Court Must Rule on Discovery Before Dismissal by Court Must Rule On Discovery Before Dismissal John Dean was awaiting trial in an Alabama jail when he got into a dispute with a former death row inmate awaiting a retrial. Dean was stabbed and slashed several times and had his head …
Article • April 15, 1992 • from PLN April, 1992
Claims Regarding Conditions in State Prison Were Sufficient to Survive Summary Judgment by On December 30th the U.S. Court of Appeals for the Fourth Circuit provided some illumination as to what sort of allegations by an inmate regarding allegedly unconstitutional prison conditions are adequate to withstand a motion by prison …
Article • April 15, 1992 • from PLN April, 1992
Complaint Should Not Be Dismissed for not Complying with Local Rule by Stephen Stackhouse, a former Pennsylvania state prisoner, filed a civil rights suit claiming he was denied due process and subjected to cruel and unusual punishment while in prison. The defendants filed for dismissal and for summary judgement, Stackhouse …
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 …
Summary Judgment on Retaliation by Summary Judgment On Retaliation The prisoner's appearance in court was a protected activity, and prison disciplinary action, taken immediately upon his return from court, provided circumstantial evidenced that prison officials retaliated against him for the exercise of his right of access to the courts. The …
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