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Amnesty International Seeks Human Rights Abuse Info by Amnesty International Seeks Human Rights Abuse Info Amnesty International (A.I.) is working on a comprehensive report on human rights in the United States, inclusive of prisons, jails, and immigration detention centers. The primary purpose of this report is to document where there …
Presence of Prison Rape in Utah Denied by Julia Lutsky Early in 1996 Utah's Legislature mandated that state prison hospitals achieve national accreditation. Consequently, the National Commission on Correctional Health Care (NCCHC) was given a three-day review of Utah prison medical records and a tour of Utah prisons, including interviews …
Prison Disciplinary Proceedings Cognizable Under § 1983 in Florida by Prison Disciplinary Proceedings Cognizable Under § 1983 In Florida AFlorida state appellate court held that a denial of staff assistance, documentary evidence, and witness testimony in a prison disciplinary hearing states a due process claim under 42 U.S.C. § 1983, …
Jury Awards $201,501 to Raped Indiana Prisoner by John Emry By John Emry Graylon Bell was placed in the Plainfield Correctional Facility operated by the Indiana Department of Correction in January of 1994. Shortly after, another prisoner, Grady Vaxter, started hitting on Bell hinting Vaxter was interested in Bell and …
Farmer Loses at Jury Trial by In the July, 1994, issue of PLN we reported Farmer v. Brennan, 114 S.Ct. 1970 (1994), where the supreme court held that prisoners have an eighth amendment right to be protected by prison officials from rape or attack by other prisoners. Farmer proceeded to …
Farmer Remanded Again, for Discovery by The court of appeals for the seventh circuit held a district court erred in dismissing a case without allowing the plaintiff to conduct discovery in order to oppose the defendants' motion for summary judgment. In doing so the court gives a detailed discussion of …
Prison Officials Liable for Double Celling by In the September, 1996, issue of PLN we reported Jensen v. Gunter , 73 F.3d 808 (8th Cir. 1996) where the appeals court vacated a district court ruling that double celling practices at the Nebraska State Penitentiary (NSP) violated the eighth amendment where …
Warden Liable for Prison Rape by The court of appeals for the sixth circuit held that supervisory prison officials can held liable under the eighth amendment when they ignore the risk of sexual assault to vulnerable prisoners that are later raped. Timothy Taylor is a Michigan state prisoner who is …
Article • May 15, 1996 • from PLN May, 1996
Prison Rape Opponents Sue to Protect Award-Winning Web Site from Internet Censors by Stop Prisoner Rape, Inc., a nationally organized group dedicated to fighting against the rape of incarcerated persons of all genders and ages, joined the American Civil Liberties Union and 19 other plaintiffs today (Feb. 7, 1996) in …
7th Circuit Clarifies "Frivolous" and Safety Standard by The court of appeals for the seventh circuit ruled that a district court must determine a suit is not only legally insufficient but that it cannot be saved by amendment before the court can dismiss the suit as frivolous under 28 U.S.C. …
Article • November 15, 1995 • from PLN November, 1995
New Statewide Data Show Prison Rape a Widespread Problem by Over a fifth of male prisoners are sexually victimized behind bars according to a newly released survey of an entire state's prison system. A summary of results from the spring, 1994 survey, which covered all four Nebraska prisons and was …
No Habeas for Jailhouse Lawyer Aid by In a rather novel ruling the third circuit has ruled that federal courts lack authority to issue writs of habeas corpus to ensure that an imprisoned pro se litigant has the assistance of a jailhouse lawyer at trial. Michael Jones is a New …
Police Report Inadmissible in Rape Case by William Miller is a Michigan state prisoner. He filed suit under 42 U.S.C. § 1983 claiming that he was subjected to cruel and unusual punishment when a prison supervisor and two guards were informed he was in danger, did nothing to protect him …
Retaliation Suit Requires Trial by Allan Dillon is a Virginia state prisoner who was raped by another prisoner. Lawrence Dury was the Virginia DOC (VDOC) internal affairs investigator assigned to investigate the rape. During a search of Dillon's cell pursuant to the investigation, Dury discovered papers indicating that Dillon was …
No Right to Self-Defense in Prison by John Rowe is an Indiana state prisoner. A prisoner named Michael Evans was moved into a cell next to Rowe and Rowe complained to staff, who did nothing. Evans sent Rowe a note demanding sexual favors. The next morning Evans entered Rowe's cell …
Rape Victim States Claim by James Johnson is a Connecticut state prisoner. He filed suit against various prison officials claiming they were deliberately indifferent to his physical safety after he was placed in a cell with a prisoner who had a known history of sexual assaults who raped him. He …
Article • May 15, 1994 • from PLN May, 1994
Prison Rape Survivors Sought by Stop Prisoner Rape (SPR) is a non-profit organization dedicated to stopping the all too common practice of sexual assaults within prisons and jails. SPR has recently received numerous media requests where television programs, magazines and journalists are seeking prison rape survivors to interview for news …
Article • March 15, 1994 • from PLN March, 1994
S.Ct. Hears Argument in Prisoner Attack Case by On January 12, 1994, the U.S. Supreme Court heard oral argument in Farmer v. Brennan , Case no. 92-7247. Farmer is a transsexual federal prisoner who was raped after being placed in general population at the U.S. Penitentiary at Terre Haute, IN. …
Article • January 15, 1994 • from PLN January, 1994
Materials on Prison Rape Survival Available by The Safer Society Program has recently produced and published a series of audio tapes made by ex-prisoners specifically for men confined in jails and prisons. Rape in prison is an important issue that has received all too little attention due to the stigmas …
Florida Conditions Victory Reversed by This 42 U.S.C. § 1983 case was initiated by ten present and former prisoners at Glades Correctional Institution (GCI) in Florida. They sought money damages and injunctive relief for cruel and unusual punishment and other unconstitutional conditions of confinement. The district court held a trial …
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