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Pelican Bay Ruling Issued by One prisoner publication hailed it as "A Moral Victory for Prisoners." The headline in a correctional trade magazine proclaimed "State Wins Pelican Bay Suit." Interpreting the 345-page Madrid v. Gomez opinion is difficult at best, and as shown by the contrasting headlines above, a reader's …
Helms Amendment Ruled On by In the December, 1994, issue of PLN we analyzed various provisions of the federal crime bill that was passed that year. One of the provisions was the Helms amendment which limited the relief that federal courts could grant in class action suits brought by prisoners …
9th Circuit Affirms Court Access Case by In a wide ranging ruling, a unanimous panel of the ninth circuit court of appeals affirmed most of a lower court ruling designed to ensure Arizona prisoners' right of access to the courts. In the May 1994 issue of PLN we reported Casey …
DA Liable for Preventing Court Appearance by Tobin Lemmons is an Oklahoma state prisoner. While in jail he filed a workers compensation complaint against his former employers with the aid of an attorney and law firm he hired for this purpose. On two occasions in 1991 the state judge before …
$157,000 Awarded in Retaliation Suit by Jory Lowrance is a Muslim New York state prisoner. In a seven year period he was transferred a total of 17 times to different state prisons. He filed suit under 42 U.S. C. § 1983 claiming that the transfers were in retaliation for his …
Article • March 15, 1995 • from PLN March, 1995
Confronting the Helms Amendment by In the December, 1994, issue of PLN we reported on and analyzed the federal crime bill and discussed one of its components, section 20409, which seeks to limit prisoners ability to challenge prison overcrowding via class action suits. Elizabeth Alexander, Associate Director for Litigation of …
Article • February 15, 1995 • from PLN February, 1995
Prisoners Entitled to Free Legal Mail Postage by Several prisoners at the Iowa Mens Reformatory (IMP) f led suit under 42 U.S.A. § 1983 seeking injunctive relief from the prisons policy of denying indigent prisoners in administrative segregation any free legal or personal postage. Prisoners in ad seg are not …
WA DOC Sanctioned in Grievance Mail Case by In the September, 1994, issue of PLN we reported OKeefe v. Murphy, the unpublished case by US District Judge Alan McDonald which held that prisoners mail to and from different government agencies was entitled to confidential treatment, i.e. being opened only in …
Ban on Japanese Publications Struck Down by Yu Kikumura is a member of the Japanese Red Army held at the US Penitentiary in Marion, IL. A Japanese national, he can read, speak or write very little English and Japanese remains his primary language. On more than 20 occasions Marion prison …
Article • September 15, 1994 • from PLN September, 1994
WA Mail Policy Illegal by Timothy O'Keefe is a prisoner at the Washington State Penitentiary (WSP) at Walla Walla. In October, 1993, O'Keefe tried to mail six pieces of outgoing mail as legal mail. The letters were addressed to the prison warden; US Postal Inspector; State Higher Education Coordinating Board; …
Article • September 15, 1994 • from PLN September, 1994
Prison Racial Segregation Illegal by In 1970s a federal judge issued an injunction enjoining racial discrimination in the operation or administration of the Louisiana State Penitentiary (LSP) at Angola, LA. The court ordered prison officials to immediately correct the effects of any past racial discrimination and to maintain Angola as …
Article • July 15, 1994 • from PLN July, 1994
Supreme Court Defines "Deliberate Indifference" in Prison Rape Case by The US Supreme Court heard only one prison related case in its 1994 term, and it resulted in a win for the prisoner. In Farmer v. Brennan the court was asked to answer what constitutes "deliberate indifference" to a prisoner's …
Ninth Circuit Approves Oregon Control Unit Conditions by Paul Wright By Paul Wright This is a case which challenged numerous conditions of confinement at the Oregon State Penitentiary's Disciplinary Segregation Unit (DSU), which is a control unit. The ruling does not bode well for prisoners seeking to question such conditions. …
Article • December 15, 1993 • from PLN December, 1993
Qualified Immunity for Black Box by Paul Knox is an Illinois state prisoner. After prison officials discovered four knives in his cell, Knox was infracted, found guilty and placed in segregation. Pursuant to prison policy, every time Knox left the segregation unit, to receive visitors, go to the hospital or …
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 …
Article • September 15, 1993 • from PLN September, 1993
Exposure to Secondary Smoke Can State Claim by Donald McKinney was a Nevada state prisoner who filed a civil rights complaint against prison officials, pursuant to 42 U.S.C. § 1983, claiming that his involuntary exposure to environmental tobacco smoke (ETS) from his cellmate's and other inmates' cigarettes posed an unreasonable …
Article • August 15, 1993 • from PLN August, 1993
California Visitor Search Ruling Modified by A 13-point injunction concerning searches of visitors to California prisons was scrutinized March 23 and modified in some particulars by the California Court of Appeals, First District. The injunction was the result of a suit challenging a program under which visitors' vehicles were subjected …
Money Damages Available for Consent Decree Violations by Two prisoners at the Georgia State Prison (GSP) filed suit under § 1983 concerning the confiscation of personal property and the procedures at prison disciplinary hearings. In the mid-70's these issues had been litigated as part of a class action suit by …
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 …
Court Bans Double Celling of New Prisoners by Prisoners at the Nebraska State Penitentiary filed a class action suit challenging numerous conditions of confinement at the penitentiary. Most of the claims relate to overcrowding and the overall poor living conditions which include: excessive noise, lack of ventilation, inadequate staff, assaults …
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