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$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 …
Article • August 15, 1996 • from PLN August, 1996
Notes from the Unrepenitentiary by Laura Whitehorn [Editor's Note: With this issue of PLN we introduce a new columnist, Laura Whitehorn, whose column will appear quarterly (February, May, August, and November). Laura is an anti-imperialist prisoner of war confined in the Federal Bureau of Prisons. When most people think of …
Article • August 15, 1996 • from PLN August, 1996
Brig Fire Sparks Political Debate by Dan Pens On March 29, 1996, several "illegal aliens" allegedly used electrical wire to ignite toilet paper, sheets and mattresses at a military brig at Miramar Naval Air Station in California. The resulting fire, and especially the smoke, created havoc. Panicked prisoners began to …
Women Prisoners Win Court Access Claim by Past issues of PLN have reported the class action suit filed by women prisoners in Nebraska concerning a wide range of prison conditions. See: Klinger v. Nebraska DOC, 824 F. Supp. 1374 (D NE 1993); 31 F.3d 727 (8th Cir. 1994) and 887 …
Article • August 15, 1996 • from PLN August, 1996
Filed under: Resources, Court Access
ABA Wants Pro Se Litigation Info by The Bureau of Justice Assistance has awarded the American Bar Association a grant to develop a technical-assistance manual to limit the burdens of pro se prisoner litigation while maintaining prisoners' constitutional rights. The manual will include an assessment of the burdens which pro …
Beating Shackled Prisoners States Claim by A federal district court in Georgia held that the eighth amendment prohibits the beatings of handcuffed and shackled prisoners. Federal prison employees are not immune to state law claims of assault and battery. The case involves two federal prisoners at the US Penitentiary in …
Article • August 15, 1996 • from PLN August, 1996
A Matter of Fact by Since 1991, Ohio's corrections budget has grown by $527 million, a 110 percent increase. Ohio now spends three times more money on state prisons than it does on grade school students. Of 20,088 Maryland prisoners in 1994, 15,457 were black -- a staggering 76.9 percent. …
Article • August 15, 1996 • from PLN August, 1996
Filed under: Commentary/Reviews, Reviews
Publications Review by Paul Wright Periodically we like to inform our readers of other publications out there that are informative and helpful to those interested in prison issues. On the last page of each issue we plug those publications that are of interest to a national audience and focus on …
Article • August 15, 1996 • from PLN August, 1996
U.S. Supreme Court to Hear Kansas Civil Commitment Case by In 1990, the year PLN began publishing, the Washington State legislature passed the country's first civil commitment law. Dubbed the 'Sexual Predator Law," it empowered the state to institute civil proceedings against prisoners nearing the end of their terms of …
Article • August 15, 1996 • from PLN August, 1996
Wisconsin Property Policy Violates RFRA by A federal district court in Wisconsin held that a state DOC policy sharply restricting prisoner property violates the Religious Freedom Restoration Act (RFRA) when it prohibits prisoners from wearing religious jewelry. The court held that the policy did not violate the RFRA in that …
Article • August 15, 1996 • from PLN August, 1996
Filed under: News, News in Brief
News in Brief by CA: On May 10, 1996, El Cajon jail guard Gerald Thomas Williams was sentenced to a year in jail for having sex with a 14 year old girl he met on the Internet. Williams used the nickname "Lonely Me" when he met the girl in an …
Article • August 15, 1996 • from PLN August, 1996
Supreme Court Reverses Court Access Case by Paul Wright In the June, 1995, issue of PLN we reported Casey v. Lewis, 43 F.3d 1261 (9th Cir. 1994) in which a unanimous panel of the ninth circuit court of appeals affirmed most of a lower court ruling designed to ensure Arizona …
Article • August 15, 1996 • from PLN August, 1996
Attorney Fees Awarded in Jail Suit for Attorney-Client Space by Criminal defense attorneys filed suit against the Washington County Jail in Oregon claiming that the space available for client consultation violated their clients right to counsel by inhibiting full and free consultation between clients and counsel; violated the attorneys' right …
Article • August 15, 1996 • from PLN August, 1996
From the Editor by Dan Pens Last month Paul announced our (much regretted) impending rate increase. A year ago we raised our Institutional rate from $35 to $50/yr, but our individual rate remained at $12/yr. This year, as of September 1, we are raising the individual rate. We are also …
Segregation Enhancement May Violate Due Process by A federal district court in New York held that extending a prisoner's term in segregation without a hearing may violate his right to due process because it imposed an atypical hardship because this particular prisoner was almost seven feet tall and had difficulty …
New York Prisoners Entitled to Disciplinary Due Process by A federal district court in New York held that New York state prisoners retain a state created due process liberty interest to be free from disciplinary segregation. This is the one of the first post Sandin v. Conner, 115 S.Ct. 2300 …
U.S. Supreme Court to Review Cases by Washington Disc. Case On April 29, 1996, the US Supreme Court announced it would hear an appeal by Washington state prison officials involving a prisoner's challenge to the loss of good time during a prison disciplinary hearing. Jerry Balisok filed suit under 42 …
Retaliatory Transfer and Discipline Unconstitutional by The court of appeals for the eighth circuit affirmed an award of damages and attorney fees to an Iowa prisoner who was infracted and transferred after he cooperated with an investigation into guard misconduct. Robert Cornell was contacted in 1987 by DOC internal affairs …
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