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Article • September 15, 1996 • from PLN September, 1996
CBCC Struggle Ongoing by You printed "CBCC Prisoners Struggle" [in the Jan '96 PLN]. Well, prison authorities didn't like that too much. It was photocopied and passed around. It was hanging in every pod in close-custody, and the [guards] here were going around tearing it down, calling it unauthorized. Here's …
Challenging Evil That Ills This Society by Ed Kinane The September 1995 New York State Prison Strike [The following is reprinted from Peace Newsletter, 3/96.] Musaa has served 13 years of a 20 year sentence in the NYS penal system. He has earned three degrees with an emphasis on political …
Article • September 15, 1996 • from PLN September, 1996
Filed under: News, News in Brief
News in Brief by AL: On May 15, 1996, chain gang prisoner Abraham McCord was shot and killed by guards after he allegedly attacked another prisoner with a bush axe and disregarded a warning shot. AR: The Arkansas Democrat Gazette reports that prisoners doing time in the Cross county jail …
Limited Interlocutory Appeals in Medical Cases by The court of appeals for the eighth circuit held that the law is clearly established that a heart transplant patient is entitled to reasonable medical care. Whether he actually received that care was a factual question it lacked jurisdiction to answer. In 1985 …
Article • September 15, 1996 • from PLN September, 1996
From the Editor by Paul Wright By now you should have noticed that we have a new mailing address and new subscription rates. While all mail sent to our Florida address will be processed for the next few months you will get faster results by sending all correspondence, donations, etc., …
Departing Visitor Cannot Be Searched -- Strip Search Okay by In the February, 1995, issue of PLN we reported Spear v. Sowders, 33 F.3d 576 (6th Cir. 1994) in which the court of appeals for the sixth circuit held that both the strip search and the car search of a …
Article • August 15, 1996 • from PLN August, 1996
New Washington Prison Needs Major Repairs by Washington's newest prison, Airway Heights Corrections Center (AHCC), constructed in 1993 at a cost of $113 million, was originally slated to open in November, 1993, but the Washington DOC decided to delay opening the prison for nearly a year in order to save …
Article • August 15, 1996 • from PLN August, 1996
Anti-Terrorism Act Terrorizes Habeas Petitioners by David Zuckerman [Editor's note: A future issue of PLN will report on the other aspects of the Counter-Terrorism bill.] Every election year, politicians compete to be "tougher on crime" than their opponents. In the last couple of decades, federal habeas corpus has generally been …
Article • August 15, 1996 • from PLN August, 1996
Filed under: Court Access, Photocopies, Costs
Photocopies Required for Court Access by A federal district court in Ohio held that a prison policy which charges prisoners 35 cents per copy and does not allow a credit system violates prisoners' right of access to the courts. Scott Giles, an Ohio state prisoner, filed suit challenging the Ohio …
Article • August 15, 1996 • from PLN August, 1996
VitaPro Update by Over the past year PLN has published several articles about events revolving around a $33.7 million contract between the Texas Department of Criminal Justice (TDCJ) and Canadian-based VitaPro Foods, Inc. Since our last report, several developments have come to light. The Austin American-Statesman reported that Montreal businessman …
Article • August 15, 1996 • from PLN August, 1996
Washington Money Seizure Suit Update by Paul Wright In the June, 1996, issue of PLN we reported that Washington prisoners at Clallam Bay had protested the implementation of a statute which will seize 35% of all funds received by prisoners from sources outside prison. In the August, 1995, issue of …
Article • August 15, 1996 • from PLN August, 1996
Discovery and Proof in Police Misconduct by Allan Parmelee Book Review Review by Allan Parmelee Litigating any issue against a police or prison official is tough based on the many loopholes built into the system for their benefit. Discovery & Proof in Police Misconduct Cases (D&PPMC) by Stephen Ryals, shows …
Article • August 15, 1996 • from PLN August, 1996
Filed under: Work, Chain Gangs, Settlements
Settlement Reached in Alabama Chain Gang Suit by A year after Alabama became the first state in the nation to revive the use of chain gangs, state officials have agreed to end the practice permanently. As this issue goes to press details are sketchy and it is unclear whether the …
Article • August 15, 1996 • from PLN August, 1996
Prison Visitor Allowed to Refuse Search by The court of appeals for the state of Maryland held that prison visitors cannot be searched once they agree to turn back from a guard booth; detention of a prison visitor requires probable cause based on a reasonable, articulable suspicion that the visitor …
New Jersey MCU Suit Settled by On December 22, 1995, the federal district court in New Jersey signed a settlement order dismissing a class action suit filed by prisoners in New Jersey's Management Control Unit (MCU). The plaintiff class in the suit was composed of all black prisoners in the …
TVs for Justice by Dan Pens According to a Tulsa newspaper, Oklahoma prisoner Bruce Hawkins filed a suit in which he claimed he was assaulted and abused by prison guards and then denied medical treatment. Federal district court judge Ralph Thompson held there was no merit to the case and …
Article • August 15, 1996 • from PLN August, 1996
5th Circuit Bars Ad Seg Claims by The court of appeals for the fifth circuit has held that in the wake of Sandin v. Connor, 115 S.Ct. 2293 (1995) administrative segregation does not constitute a deprivation of any constitutionally protected liberty interest. Rolando Pichardo is a Texas state prisoner. Prison …
$168,500 Awarded in Prisoner's Death by Gregory Stampley, 46, was convicted in 1993 of kidnapping and making terroristic threats. He was sentenced to eight years and sent to the Minnesota Correctional Facility in Stillwater. Prison doctors who examined him diagnosed paranoid schizophrenia, aggressive-personality disorder and bipolar disorder. According to court …
Guards' Smoke Violates Eighth Amendment by A federal district court in Illinois held that a guard deliberately blowing smoke into the face of a prisoner with respiratory ailments violates the eighth amendment. Clarence Walker is a 65 year old Illinois state prisoner who has emphysema, asthma and diabetes, among other …
Article • August 15, 1996 • from PLN August, 1996
BOP Ad Seg Rules Don't Create Liberty Interest by The court of appeals for the seventh circuit held that federal Bureau of Prison (BOP) rules do not create a liberty interest in federal prisoners not being placed in administrative segregation and once in segregation federal prisoners are not entitled to …
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