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CDC Mental Health System Ruled Deficient by California's prison system (CDC) was cited by a federal judge for "gross inadequacies" in the delivery of mental health care services to prisoners. On September 13, 1995, U.S. district judge Lawrence Karlton put the bite on the CDC, issuing an 82 page court …
Article • May 15, 1996 • from PLN May, 1996
USP Atlanta Locked Down by Prisoners at U.S.P. Atlanta are now on lockdown and are seeking assistance of counsel - pro bono - to represent their interests in litigation against the BOP and warden Willie Scott. On Thursday, January 18, 1996, a guard working in the education department was stabbed …
Article • May 15, 1996 • from PLN May, 1996
Section 1983 Appropriate for Disciplinary Hearings by The court of appeals for the eighth circuit has held that prisoners can challenge prison disciplinary hearings under § 1983 without exhausting habeas corpus remedies. Billy Joe Armento-Bey, an Iowa state prisoner, filed suit in federal court under § 1983 claiming his due …
Article • May 15, 1996 • from PLN May, 1996
Michigan Parole Law Unconstitutional by A federal district court in Michigan held that 1992 amendments to Michigan laws extending the time period between parole reviews violated the ex post facto clause of the US constitution. This case consists of a class action suit under 42 U.S.C. § 1983 filed by …
Article • May 15, 1996 • from PLN May, 1996
Denial of Bed Linen States Claim by A federal district court in New York held that denying a prisoner blankets and bed linen while in segregation stated a claim for an eighth amendment violation. Keith Macguire, a New York state prisoner, filed suit claiming he was subjected to verbal abuse …
Article • May 15, 1996 • from PLN May, 1996
Bad Apples in Florida DOC by Kenneth Smith, fired from four separate Florida prisons, exemplifies a problem the Florida DOC has: keeping "bad apples" out of the barrel. Smith was fired from prisons for repeatedly violating prison rules, drunken driving, and a criminal conviction for resisting arrest, yet always managed …
Article • May 15, 1996 • from PLN May, 1996
State Murder Machine Picks Up by State Murder Machine Picks Up Speed Fifty-six people were executed by sixteen states in 1995. That was the highest national figure since 1957. As usual, Texas led the nation with 19 executions in 1995. Since the supreme court reinstated the death penalty in 1976, …
Article • May 15, 1996 • from PLN May, 1996
VitaPro Fraud Scheme Unveiled in Texas by Texas state prison officials have asked a judge to nullify an agreement to purchase $33.6 million worth of VitaPro, a soy-based food product, saying the Texas Department of Criminal Justice (TDCJ) had no authority to sign such a contract. Under the deal between …
Article • May 15, 1996 • from PLN May, 1996
Prison Rape Opponents Sue to Protect Award-Winning Web Site from Internet Censors by Stop Prisoner Rape, Inc., a nationally organized group dedicated to fighting against the rape of incarcerated persons of all genders and ages, joined the American Civil Liberties Union and 19 other plaintiffs today (Feb. 7, 1996) in …
Jail Guards' Convictions Affirmed by On November 29, 1995, the US court of appeals for the sixth circuit issued a ruling affirming the federal conviction of three jail guards for violating prisoners' civil rights. Ulysses Tines, Glynn Bridgeforth and Belinda Marshall were guards employed at the Shelby County jail in …
Article • May 15, 1996 • from PLN May, 1996
Filed under: Civil Procedure, Witnesses
Criminal Conviction Inadmissible Evidence by A federal district court in Pennsylvania ruled in favor of a prisoner's motion in limine to prevent prison officials from introducing evidence about his criminal history to impeach his testimony. This ruling will prove useful to any prisoner litigating a civil rights claim as all …
Arizona Death Row Chain Gang Problems by In December, 1995, Arizona's governor Fife Symington launched a program placing death row prisoners on a chain gang working in the prison's vegetable garden [Reported in the March '96 issue of PLN]. According to an Arizona newspaper report there have been two violent …
Article • May 15, 1996 • from PLN May, 1996
Texas Prison Developer Arrested in Escape Plot by A private prison developer with business ties to a former Texas state prison director was arrested in January and charged with plotting to help a convicted murderer escape from prison for a $750,000 fee. Patrick Harold Graham - using the alias Harold …
Sexual Assault During Search Illegal by The court of appeals for the eighth circuit held that a guard who sexually harasses and assaults a prisoner during a strip search violates the fourth amendment. The court rejected the guard's defense that he was not a "state actor" for § 1983 purposes …
Attorney Fee Award Upheld in Jail Suit by The court of appeals for the ninth circuit has upheld an award of attorney fees to the plaintiffs in a jail religious discrimination suit who did not win in court but who caused jail policies to be changed. The court also held …
Article • May 15, 1996 • from PLN May, 1996
Citizen Anti-Crime Initiatives? How the Gun Lobby Bankrolls the War on Crime by Paul Wright Recent years have seen a plethora of so called anti-crime initiatives placed on various state ballots, the most famous being the "Three Strikes You're Out" type laws. These initiatives purport to be efforts by state …
Article • May 15, 1996 • from PLN May, 1996
Pennsylvania Prison Stormed by S T Last October, in the dead of night, Graterford Correctional Institution (GCI) prisoners were subjected without notice to an unprovoked assault by storm troops dressed in black, booted, many helmeted and all carrying clubs. [See: PLN, Dec '95] All GCI prisoners, suddenly awakened, were strip-searched, …
Retaliation Claims Survive Sandin, but PI Reversed by The court of appeals for the ninth circuit has held that prisoner retaliation claims have survived the supreme court ruling in Sandin but that prisoners bear a heavy burden when seeking a preliminary injunction (PI) on a retaliation claim. In the December, …
Article • May 15, 1996 • from PLN May, 1996
Stunned in Pennsylvania by Michael Crooker I am getting ready to file a tort claim lawsuit against the government for personal injury due to the reckless use of explosive bombs, AKA "Stun-Grenades" [against prisoners at FCI-McKean]. Does anyone know anything about these [stun-grenades] or can direct me to a case …
Article • May 15, 1996 • from PLN May, 1996
More Trouble in Texas Rent-A-Jails by Bryon W, Ferguson by Bryon W. Ferguson Hawaii prisoner Larry Earl Pagan decided he'd had enough of Texas hospitality. Pagan, shanghaied from a Hawaii state prison [See: "Kidnapping and Extortion Texas Style" in the Feb '96 PLN], escaped in February from the Newton County …
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