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Fifth Circuit Applies New Standard to Detainee Claims by The court of appeals for the fifth circuit has significantly weakened the constitutional protections afforded pretrial detainees by adopting a new standard affording significantly less protection than prior supreme court decisions had mandated. Haley Hare committed suicide while in the Corinth, …
Evidence Required for Disciplinary Sanction, Sandin Questioned by A federal district court in Indiana refused to dismiss a prisoner's habeas corpus petition challenging his disciplinary segregation because it was not clear what constituted a deprivation sufficient to invoke due process. A hearing officer's failure to indicate the evidence relied on …
Article • October 15, 1996 • from PLN October, 1996
MCC Settlement Upheld by The court of appeals for the seventh circuit held that a district court properly approved a settlement agreement dismissing a prison conditions class action suit over the objections of numerous plaintiffs. In 1991 prisoners at the Maximum Control Complex (MCC) in Indiana filed suit challenging numerous …
Article • October 15, 1996 • from PLN October, 1996
Plaintiff Entitled to Respond to Qualified Immunity Defense by The court of appeals for the fifth circuit held a district court improperly dismissed a prisoner's civil rights complaint when it did not allow the plaintiff to respond to the defendants' qualified immunity defense. Donald Todd, a federal prisoner, filed suit …
Article • October 15, 1996 • from PLN October, 1996
Filed under: News, News in Brief
News in Brief by AL: Gabel Taylor was shot and killed on July 18, 1996, after winning a bible knowledge contest. Taylor and his killer were comparing their knowledge of the bible. When Taylor won his opponent became angry, left, returned with a gun and shot him. CA: On August …
Article • October 15, 1996 • from PLN October, 1996
Prisoners May Be Allowed to Lead Religious Services by A federal district court in Pennsylvania ruled that a prison rule prohibiting prisoners from leading religious services may be unconstitutional. Four Muslim prisoners in a Pennsylvania state prison filed suit challenging a prison rule which prohibited prisoners from leading religious services. …
Article • October 15, 1996 • from PLN October, 1996
Parolee's Jail Rights Discussed by The court of appeals for the fifth circuit addressed, for the first time ever, the question of what rights are retained by a parolee who is charged with a crime and is also held on a detainer. Steven Hamilton was on parole for various sex …
Texas Shaving Rule Declared Illegal by A federal district court in Texas ruled that a prison rule requiring prisoners be clean shaven violated a Muslim prisoner's religious rights and enjoined the rule. Johnson Lewis, a Texas state prisoner and a Muslim, filed suit claiming that prison regulations requiring that all …
Article • October 15, 1996 • from PLN October, 1996
Filed under: Editorials, Organizing
From the Editor by Dan Pens Welcome to another edition of PLN. Last month we intended to run Jaan Laaman's article, "Attica - Looking Back 25 Years," which appears on page of this issue. Due to a prison lockdown, Jaan was unable to get the article to us in time …
Article • October 15, 1996 • from PLN October, 1996
A Matter of Fact by A 1988 study of California prisoners concluded that there is a strong positive correlation between prisoners' visiting and their successful transition to the free world. Of those who received 12 or more visits in their last year of incarceration, 68.5 percent had "satisfactory outcomes" (presumably …
Brief • October 14, 1996
Filed under: Racial Discrimination
Carter v. Benjamin, WA, Complaint, Racial Discrimination, 1996 P.4 509 734 7119 ,. ., 1 ,. ., 2 -3 "(l. rr". ".;(: -'.. ... 11.... '" - 4 5 IN THE SUPERIOR COORT OF mE STATE OF WASHINGTON 8 1 IN AND FOR THE COUNTY OF YAKIMA B 9 VICTOR …
Brief • October 2, 1996
Finkley-McCoy, WA, Tort Claim, Statement of Facts, Child Rape Case, 1996 .,""" --"ANDARD TORT ci.AIM FORM Pumwu to RCW 4.92, this torm is provided (or your convenience when filing a ton claim against the State of Washin~on. If filing I claim involving an accidenf"With ,"Vehicle operated. by • state employee. …
Brief • October 1, 1996
Liggins v. US, KY, Complaint, Slip and Fall, 1996
Publication • October 1, 1996
Baton Training Bulletin LAPD 1996 ... . ----·- P- -· ·. ~ WILUI L. 1m11• - . c + I I . CW JIOUf Volume lXVIII, Iaaue 11 -.Pilei . . . . .1811 CMIIID aa•Bit I OD£1 OL AliY public aaa.-bly of iDcU.Yicluala, be it for lawful prot"t or …
Publication • October 1, 1996
Filed under: Prison Life Magazine
Prison Life October 1996 I i Ill , PRIZES 1st Prize-$250 and 2 subscriptions to Prison Life. 2nd Prize-$1 50 and 2 subscriptions to Prison Life. 3rd Prize-$50 and 2 subscriptions to Prison Life. CATEGORIES WRITING: Fiction-short stories or excerpts from longer works; limit 20 pages. Nonfiction-essays, memoirs or articles; …
Brief • September 24, 1996
Austin v. James, AL, Settlement, Toilet Facilities, 1996 rr - çtc 7L MICHAEL A :Ij THE UNITED STATES DISTRICT COURT FOR IWE MIDDLE DISTRICT OF ALABAMA ° NORTHERN DIVISION AUSTIN; al., \\L\ A h' Plaintiffs, Case No. 95-T-637-N VS. JOE HOPPER, Defendant. STIPULATION The plaintiffs have alleged that the toilet …
Prisoner Has Right to Hunger Strike by James Quigley A Florida appellate court has ruled that a prisoner has a right to refuse forced feeding or medical treatment based on an interpretation of the privacy clause of the Florida State constitution. In late 1994 Michael V. Costello, a Florida state …
Article • September 15, 1996 • from PLN September, 1996
Rhode Island Fee Violates Ex Post Facto by A federal district court in Rhode Island held that a DOC policy imposing a monthly supervision fee on probationers convicted before enactment of the statute allowing assessment of such fees violated the ex post facto provisions of the U.S. and Rhode Island …
Article • September 15, 1996 • from PLN September, 1996
Denial of Disciplinary Witnesses Upheld by The court of appeals for the first circuit vacated and remanded a Massachusetts district court ruling that had held that a prison policy denying witnesses from the prison's general population to segregated prisoners' disciplinary hearings was unconstitutional. Brendan McGuinness is a Massachusetts state prisoner …
Article • September 15, 1996 • from PLN September, 1996
Filed under: Classification, Transfers
Mass Transfer Madness by Willie Wisely by W. Wisely On April 1, 1996, the California Department of Corrections began the first phase of its "180/270" transfer plan for Level IV prisoners. All prisoners housed in Level IV prisons have been classified for retention in either a "180" or "270" degree …
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