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Article • July 15, 2002 • from PLN July, 2002
From the Editor by Paul Wright PLN 's cumulative index is now available. The index has almost 500 different subject categories for all articles reported by PLN . No more time spent looking vainly for cases or articles under various topics. PLN 's new indexing system is designed for the …
Article • July 15, 2002 • from PLN July, 2002
Pro Se Tips and Tactics: Unknown Defendant Identities by John Midgley A recent Supreme Court case highlights a problem some prisoners face in finding the exact identities of defendants in civil rights cases. This column discusses this problem and some possible solutions. In most cases, you must sue individuals and …
Article • July 15, 2002 • from PLN July, 2002
Filed under: Mail, Mail Regulations
PLN Sues Oregon DOC Over Mail Censorship, Again by On April 2, 2002 Prison Legal News filed suit in federal court in Portland, Oregon, challenging the Oregon prison system's ongoing attempts to prevent Oregon prisoners from subscribing to PLN and receiving their subscriptions or book orders if they did subscribe. …
Article • July 15, 2002 • from PLN July, 2002
Filed under: Mail, Mail Regulations
PLN Sues Kansas DOC Over Censorship Policies by PLN Sues Kansas DOC over Censorship Policies On April 4, 2002, PLN sued the Kansas DOC challenging various prison-system-wide polices that prevent Kansas prisoners from being able to subscribe to PLN or to receive the books that PLN distributes. For at least …
Oregon Prisoners Sue for HCV Treatment by On November 1, 2001, a group of Oregon prisoners filed suit in federal court against the State of Oregon, the Oregon Department of Corrections (ODOC), and several individual ODOC medical personnel related to the systematic denial and delay of adequate diagnosis and treatment …
Moore Medical and Prison Industry Leaders Sign Agreements by Moore Medical Corporation, a leading supplier of medical, surgical, and pharmaceutical products, recently signed multi-year agreements with three major corrections industry organizations on September 5, 2001. Moore will provide internet, telesales, and catalog procurement services to the 65 facilities managed by …
Court Issues TRO Protecting Constitutional Right to Family Relationships by David Reutter by David M. Reutter A federal district court in New York has issued a Temporary Restraining Order (TRO) barring enforcement of a condition of probation prohibiting a female probationer from having contact with her child's father, DaShawn Johnson. …
Georgia Sheriff Charged in Murder of Successor by Lonnie Burton In November 2000, DeKalb County (GA) Sheriff Sidney Dorsey was locked in a close re-election bid with political rival Derwin Brown. Brown defeated Dorsey in that contest, but Sheriff Dorsey, apparently unwilling to accept the will of the voters, allegedly …
Deaths in Florida and Virginia Jails Spark National Investigations by Gary Hunter The badly bloated body of Kathy Kearns was removed from her Virginia Beach jail cell in the early morning hours of April 26, 2001. Testimony from witnesses and evidence from jail and city records show that Kearns desperately …
Article • July 15, 2002 • from PLN July, 2002
Illinois Man Awarded $15 Million for 15 Years of Wrongful Imprisonment by On October 29, 2001, a federal jury in Chicago awarded $15 million plus about $2 million in attorney fees to James Newsome, 45, who was wrongfully convicted of murder and spent 15 years behind bars. It was the …
Article • July 15, 2002 • from PLN July, 2002
Prison Population Growth Slows Dramatically in 2000 by In the year 2000, America's prison population slowed its growth dramatically, showing the lowest growth rate seen in 28 years. The state prison population experienced its first measured decline in nearly three decades. These data highlighted an August 2001 report published by …
Texas Jail Chaplain Rapes Female Prisoners by A federal district court in Texas held that genuine issues of material fact precluded summary judgment on a female prisoner's claims under 42 U.S.C Section 1983 arising from her being raped by a jail chaplain and retaliated against for speaking out about the …
Article • July 15, 2002 • from PLN July, 2002
Washington Malpractice Suits Allowed Against Defense Attorneys Despite Alford Plea by A Washington Court of Appeals has held that a defendant in a criminal prosecution may sue his former trial attorney for legal malpractice after his conviction was reversed for ineffective assistance, despite the fact that he entered an Alford …
Texas Prisoner Wins $130,000 from Jail for Poor Care, Beatings by A Texas state prisoner won $130,000 in damages after it was shown that he was denied medical care and not protected from violent prisoners while held at Williamson County Jail near Austin. Martin DiCarlo, 39, filed suit in U.S. …
Article • July 15, 2002 • from PLN July, 2002
Wrongly Paroled Texas Prisoner Entitled to Street Time by by Matthew T. Clarke The Texas Court of Criminal Appeals (CCA) has held that a prisoner erroneously released on parole was entitled to credit on both of his consecutive sentences for his time spent on the street. Earnest Millard, a Texas …
Article • July 15, 2002 • from PLN July, 2002
$603,500 in Washington Jail Guard Discrimination Suit by In November, 2001, a King County (Seattle) Superior Court jury awarded $603,500 in damages to Ralph Bunch, a former guard at the King County Juvenile Detention Center. In May, 1999, Bunch, who is black, filed suit against the county claiming he was …
Article • July 15, 2002 • from PLN July, 2002
Schenectady's Jail Strip Search Policy Unconstitutional by by Matthew T. Clarke A federal court in New York has held that the strip search policy of the City of Schenectady, New York, (the city) violates the Fourth Amendment prohibition against unreasonable searches. Elizabeth Gonzalez and Michael Fyvie, citizens who were allegedly …
Article • July 15, 2002 • from PLN July, 2002
Colorado Denial of Motion to Amend Complaint Reversed by The Colorado Court of Appeals held that provisions of the Colorado Government Immunity Act (CGIA) which precluded a prisoner's claim does not violate equal protection. The court also held that the trial court erred in denying the prisoner's motion to amend …
Article • July 15, 2002 • from PLN July, 2002
Alaska Filing Fee Statute Upheld by The supreme court of Alaska held that a state statute requiring prisoners to pay the filing fees in civil cases is constitutional, but that a superior court erred when it dismissed the plaintiff's case before the time limit it had imposed for the payment …
Article • July 15, 2002 • from PLN July, 2002
Filed under: Reviews, Medical, Hepatitis
Book Review: Dr. Melissa Palmer's Guide To Hepatitis Liver Disease by Phyllis Beck Penguin Putnam, NY, 2000, pb. 457 pages Review by Phyllis Beck A big thumbs up for Dr. Melissa Palmer's Guide to Hepatitis Liver Disease . The book's information is up-to-date, it is fully indexed, it includes a …
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