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Article • February 15, 1998 • from PLN February, 1998
Resources for Smoking Litigation: Health Effects of Smoking; Legal Cases on Smoking by Health Effects of Smoking: The American Lung Association offers a detailed, comprehensive series of booklets and reports which detail the negative health effects of smoking, exposure to second hand smoke, etc. Contact: ALA, 1740 Broadway, New York, …
Article • February 15, 1998 • from PLN February, 1998
Filed under: Medical, Skin, Complaints
7th Circuit Defines "Serious Medical Needs" by The court of appeals for the seventh circuit announced that medical conditions that cause pain, but are not life threatening, constitute serious medical needs for eighth amendment purposes. In doing so, the court clarified this area of law for the seventh circuit. Carlos …
Article • February 15, 1998 • from PLN February, 1998
Cold Cell Violates 8th Amendment by The court of appeals for the seventh circuit held that extremely cold prison cells violate the eighth amendment but poor cell ventilation in summer does not. Anthony Dixon is an Illinois state prisoner in protective custody at Stateville. He filed suit claiming that in …
Bureau of Prisons Gag Rule Enacted by Effective June 20, 1997, the Department of Justice and its Federal Bureau of Prisons (BOP) enacted changes to 28 CFR (chapter V, subchapter A, Part 501) governing general management and administration of BOP prisons. The new rules allow the federal government to target …
Article • February 15, 1998 • from PLN February, 1998
Actual Injury Required in Legal Mail Claim by In the December, 1995, issue of PLN we reported Bieregu v. Reno , 59 F.3d 1445 (3rd Cir. 1995) where the third circuit held that a prisoner need not show harm to a court claim when the confidential) of his legal mail …
Article • February 15, 1998 • from PLN February, 1998
Filed under: News, News in Brief
News in Brief by CA : Joe Sandoval, 60, resigned as secretary of California's Youth an Adult Correctional Agency on August 15, 1997, saying he wanted to spend more time with his family. Upon his resignation governor Pete Wilson appointed Sandoval to the state's Narcotic Addict Evaluation Authority. The position …
Washington "Bulk Mail" Ban of PLN Struck Down by Since PLN began publishing in 1990 it has experienced sporadic attempts at censorship by the Washington DOC. This has ranged from a statewide ban of the first three issues to harassment of the editors. Unable to articulate a threat to "legitimate …
Trial Required in Oklahoma Beating Case by The court of appeals for the tenth circuit held that a prisoner's claim for declaratory and injunctive relief are mooted once he is released from incarceration and that questions of fact regarding the application of force by guards precludes summary judgment in their …
Article • February 15, 1998 • from PLN February, 1998
WSP Ban on Gift Subscriptions Enjoined by In two separate, unpublished rulings, different federal magistrates in Spokane, Washington, held that a Washington State Penitentiary policy requiring that prisoners purchase all magazine subscriptions and books from their prison trust accounts was unconstitutional. Both courts enjoined the policy. WSP Policy 450.100 states …
Article • February 15, 1998 • from PLN February, 1998
West Virginia Prisoners Lose Computers by Following the lead of prisoncrats in Washington, New Jersey, Wyoming, and Alaska, West Virginia DOC officials ordered the removal of all prisoner-owned personal computers from state prison cells. Corrections Commissioner Bill Davis, who took office August 1, 1997, issued a memorandum to all state …
Article • February 15, 1998 • from PLN February, 1998
Where to Now For Prison Smoking? by Paul Wright Where To Now For Prison Smoking? By Paul Wright As noted in last month's article, "Smoking, Lies and Hypocrisy," notes, the tobacco settlement between the states and the tobacco industry will have no impact on prisoners, assuming it is actually implemented. …
Article • February 15, 1998 • from PLN February, 1998
Filed under: Work, Prison Industries
Union Denounces Prison Labor by Iowa DOC officials are aggressively marketing prison labor to private firms, with a goal of placing prisoners in at least 650 private-sector jobs. Iowa prisoners currently make license plates, produce furniture for government offices, and do telemarketing to promote Iowa tourism. They also make sandwiches …
Article • February 15, 1998 • from PLN February, 1998
From the Editor by Dan Pens Greetings and welcome to another issue of PLN . Several readers have pointed out that PLN editorials are needlessly long. Naturally, my feelings were bruised. The truth hurts. From now on, though, the limit on PLN editorials is 500 words (a half-page) rather than …
Brief • February 11, 1998
Poindexter v. US, WV, Settlement Release, Vehicle, 1998
Brief • January 23, 1998
Love El v. District of Columbia, DC, Complaint, Slip and Fall, 1998 .i :- , t:.~ _~ ~~ i I';" ~ I.,. ,.; " )'r~~} \,\,:~\i\;-.i . "', ,/ ~ . , ', ••' SUP~~J,~f~COURT OF THE DISTRICT 60-~~c~iuMBIA CIVIL DIVISION FI L ~ 0 Darryl Vi~."ClZrrI- '-evil··IL ~2.J2: 333 …
Article • January 15, 1998 • from PLN January, 1998
Motion for Seized Property Subject to PLRA Fee by The court of appeals for the fifth circuit held that a federal prisoner's motion for the return of seized property period had run. The district court did not reconsider its ruling. The court of appeals vacated and remanded. The appeals court …
Article • January 15, 1998 • from PLN January, 1998
New York Work Release Creates Liberty Interest by Afederal district court in New York held that prisoners have a liberty interest in that state's Temporary Release Program (TRP) which requires due process before they can be removed from it. Franklin Greaves was a TRP participant, as such he lived and …
Article • January 15, 1998 • from PLN January, 1998
Filed under: PLRA, Filing Fees (PLRA)
Mailbox Rule Applies to Trust Fund Statement by The court of appeals for the ninth circuit held that Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379 (1988) applies to the filing of trust fund account statements as required by 28 U.S.C. § 1915(a)(2) of the PLRA's filing fee requirements. …
Article • January 15, 1998 • from PLN January, 1998
Mandamus Appeal Denied as Third Strike by The court of appeals for the tenth circuit held that 28 U.S.C. § 1915(g), which bans in forma pauperis civil actions for prisoners that have had three or more actions dismissed as frivolous, malicious or for failing to state a claim, prevents the …
Article • January 15, 1998 • from PLN January, 1998
Legal Material Confiscation May Violate First Amendment by The court of appeals for the eighth circuit held that a factual dispute required a trial to determine if a prison package policy was arbitrarily applied in a manner that violated the first amendment. Clyde Weiler, a Missouri state prisoner, was sent …
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