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Article • April 15, 1996 • from PLN April, 1996
Permanent Injunction Issued in Madrid by A PLN reader in Pelican Bay sent us a copy of a 26-page "Remedial Order RE: Exclusion From the Security Housing Unit" issued by U.S. district court judge Thelton Henderson on December 15, 1995. The reader who sent us the copy characterized it as …
Jailhouse Lawyers Retain Right to Assist Prisoners by The court of appeals for the ninth circuit has held that prison officials are not entitled to qualified immunity when they punish a jailhouse lawyer for assisting another prisoner. Terry Newell, an Alaska state prisoner, was employed as a prison law library …
Sandin Inapplicable to Detainee Disciplinary Claims by The court of appeals for the ninth circuit held that a jail policy prohibiting detainees from calling live witnesses to testify at disciplinary hearings, under any circumstances, was unconstitutional. The court held that prison and jail rules confer no legal rights to prisoners …
Article • April 15, 1996 • from PLN April, 1996
Filed under: Work, Prison Industries
Exploitation of Ohio Prison Labor by William Ridenour Ohio Penal Industries (OPI) in recent years has stepped up their campaign to entice local industry into using Ohio's cheap prison labor force to manufacture their products. Their efforts have been met with considerable success. A number of Ohio companies have voiced …
$460,800 Verdict in Ohio Beating Affirmed by A district court in Ohio denied prison officials' motion for a new trial and affirmed a jury verdict of $460,800 to two Ohio state prisoners who had been beaten by prisoner guards. In the January, 1995, issue of PLN we reported the jury …
Genital Groping States Claim by A federal district court in New York held that a prisoner's allegations of sexual harassment state a claim for a violation of the eighth amendment. Julio Hunt, a New York state prisoner, filed suit claiming that he had his penis and testicles squeezed and rubbed …
Article • April 15, 1996 • from PLN April, 1996
Washington DOC Enjoined from Taking Blood by The Washington state court of appeals for Division I affirmed a superior court order enjoining the Washington DOC from taking blood from a prisoner for its DNA databank. Sheryl Kelley was convicted of drug possession. RCW 43.43.754 authorizes the DOC to take blood …
Article • April 15, 1996 • from PLN April, 1996
Microsoft Out-Cells Competition by Dan Pens In the Seattle area, home to software giant Microsoft, it's not uncommon to hear the phrase "Microsoft Millionaire." There exists a large number of ex-Microsoft employees who made their millions, quit the company, and are now free to enjoy other pursuits. Many of them …
Tuberculosis TRO Issued by A federal district court in New York granted a prisoner's motion for a Temporary Restraining Order (TRO) holding that a prison's mandatory tuberculosis (TB) test violated his religious rights. Paul Jolly, a New York state prisoner, is a Muslim. In 1991 the New York DOCS implemented …
$55,540 in Attorney Fees for RFRA Suit by Schlomo Helbrans, an orthodox Jew, filed suit to prevent being shaven for a photo by prison officials upon his entry into the New York prison system. He contended that being shaven would violate his religious beliefs. He prevailed on his claim when …
No Jurisdiction for Some Qualified Immunity Appeals by The court of appeals for the fourth circuit held that it lacked jurisdiction to hear an appeal by prison officials accused of being deliberately indifferent to the safety of a prisoner where they stood by while he was attacked and stabbed by …
Article • April 15, 1996 • from PLN April, 1996
Arizona's New Tin Horn Dictator by O'Neil Stough The tyrannical rule of Arizona prison director, Sam Lewis, came to an end with his resignation in December, 1995. PLN has previously reported the oppressive tactics employed by Lewis which rolled back many of the gains made by prisoners during the 1960's …
Discrimination Dismissal Reversed by The court of appeals for the eleventh circuit held that prisoners have a right to be free from racial discrimination and that direct evidence of such discrimination will usually make summary judgment inappropriate. Vincent Harris, a Florida state prisoner, filed suit against several prison guards and …
Grievance Retaliation Unlawful by A federal district court in Michigan has held that it is unlawful for prison officials to retaliate against prisoners who complain of misconduct by guards and for prison officials to read legal mail sent to prisoners from the courts. Those claims were set for trial and …
Michigan ACLU Protests Religious Prison College by The ACLU of Michigan has sent a complaint to the attorney general's office against Spring Arbor College, which holds a $560,000 DOC contract to teach college courses at four Michigan state prisons. The complaint was filed after the school sent out letters to …
Article • April 15, 1996 • from PLN April, 1996
Texas Guard Killed by Riot Shield by Harry Landis, a 58-year-old Texas prison guard collapsed after being shocked by an electrified riot shield during a training session. Guards were being trained in the use of the "electronic capture shield" designed to subdue prisoners. The device delivers a shock of 40,000 …
Article • April 15, 1996 • from PLN April, 1996
Jury Not Waived in "Doubtful Situation" by The fifth circuit court of appeals held that a plaintiff's right to a jury trial is not waived unless the plaintiff was clearly informed that an evidentiary hearing before a magistrate would constitute a trial. Darrell McAfee, a Texas state prisoner, filed suit …
Article • April 15, 1996 • from PLN April, 1996
Oklahoma Pre-Parole Status Creates Liberty Interest by The court of appeals for the tenth circuit has held that Oklahoma's pre-parole conditional supervision program creates a due process liberty interest which mandates a hearing before prisoner's can be removed from it. This case is significant because it was decided in the …
Article • April 15, 1996 • from PLN April, 1996
Filed under: News, News in Brief
News in Brief by OH: On January 26, 1996, Hugh Smith, a prison guard at the Correctional Medical Center, was arrested and charged with having sex with prisoners. Smith was charged with the sexual battery of three female prisoners, the contacts were believed to have been consensual and occurred between …
$150,000 Jury Award in Beating Case Affirmed by The court of appeals for the second circuit held that a prisoner beaten and held in a strip cell was properly awarded $150,000 in compensatory and punitive damages by a jury. Donovan Blissett, a New York state prisoner, filed suit after Attica …
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