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Article • December 15, 1995 • from PLN December, 1995
Opening Legal Mail Violates Access to Courts by The court of appeals for the third circuit has held that opening a prisoner's legal mail outside his presence violates his right of access to the courts. The court also held that this right is well established so that prison officials who …
Article • December 15, 1995 • from PLN December, 1995
10th Circuit Vacates Utah Court Access Order by In the November, 1994, issue of PLN we reported Carper v. Deland, 851 F. Supp. 1506 (D UT 1994) which involved a class action suit filed by Utah state prisoners claiming that the DOC's method of providing court access, contract attorneys with …
Article • December 15, 1995 • from PLN December, 1995
CA Guard Plants Ammo by California prison guard, Mark B. Hardisty, not satisfied with his share of gravy from the state trough, decided he'd get himself some extra overtime pay. "That is the allegation they've come up with," says Hardisty's lawyer, Mike Rains of the Department of Corrections' case against …
Article • December 15, 1995 • from PLN December, 1995
Jury Demand Must Be Timely by The court of appeals for the eleventh circuit, in a case of first impression for that circuit, held that the right to a jury trial is fundamental and reversed a bench trial ruling against a prisoner holding he should have received a jury trial. …
Article • December 15, 1995 • from PLN December, 1995
Filed under: Searches, Drug Testing
Random Urinalysis Okay by In the July, 1994 issue of PLN we reported Lucero v. Gunter, 17 F.3d 1347 (10th Cir. 1994) where the court of appeals reversed dismissal of a Colorado state prisoner's suit alleging a fourth amendment violation where he was subjected to a harassing urinalysis test. The …
Article • December 15, 1995 • from PLN December, 1995
Denying Witnesses in Disciplinary Hearings Illegal by A federal district court in Massachusetts has 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 who was infracted for allegedly getting into a fight with …
Reversal of Disciplinary Hearing Doesn't Moot Suit by The court of appeals for the eighth circuit has held that a state court reversal of a prison disciplinary hearing does not preclude the prisoner filing suit for money damages in federal court. The appeals court also criticized and reversed the lower …
Guard and Prisoner Get Damages in Beating Trial by A federal district court in New York entered a jury verdict in favor of a state prisoner who was beaten by prison guards, the court also ruled in favor of one of the guards who sued the prisoner out of events …
Article • December 15, 1995 • from PLN December, 1995
Ohio Prison Doctor Imprisoned by Harry Schutte was the medical director at the Marion Correctional Institution in Marion, OH when his license to practice medicine was suspended after he was arrested and convicted for forging prescriptions. Schutte, who was addicted to the drug Stadol and synthetic morphine, did not notify …
Sexual Harassment Violates Eighth Amendment by A federal district court in the District of Columbia (DC) granted extensive injunctive and declaratory relief for a class of women prisoners who filed suit challenging their conditions of confinement in DC prison facilities. The rights of women prisoners were also violated under Title …
Withholding of Legal Papers Illegal by A federal district court in New York has held prison guards liable for withholding a prisoner's legal papers for more than two years. The court awarded the plaintiff one dollar in nominal damages and $500 in punitive damages to deter further conduct by prison …
Detainee States Claim for Retaliation and Med Needs by The court of appeals for the seventh circuit has held that pretrial detainees are entitled to adequate medical care and have a right to be free from retaliation for complaining of guard misconduct. Richard Murphy was a pretrial detainee in the …
NJ Prisoners Have Liberty Interest in Staying in Population by The court of appeals for the third circuit has held that New Jersey state prisoners have a due process liberty interest, enforceable in federal court under § 1983, to remain in general population. David Sheehan is a PLN reader at …
Article • December 15, 1995 • from PLN December, 1995
PA Prison Investigated for Corruption; Biggest Shake Down Ever by In September, 1995, several prisoners from the 3,490 man Graterford state prison testified before the Pennsylvania senate judiciary committee about corruption at the state prison. The prisoners testified that prison officials accepted bribes typically between $100 and $300 to expunge …
Charging for Medication May Violate Eighth Amendment by A federal district court in Indiana has held that requiring prisoners to pay for medication when they are able to does not violate the eighth amendment. However, prison officials' refusal to provide over the counter medication to indigent prisoners with serious medical …
Article • December 15, 1995 • from PLN December, 1995
Filed under: News, News in Brief
News in Brief by Venezuela: On September 22, 1995, police entered the Catia prison in Caracas to search for weapons and drugs when prisoners shot at them. In a five hour riot four prisoners were killed and 26 people injured, including a guard and a policeman. Hundreds of soldiers stormed …
Jail Detainee Entitled to Law Library Access by A district court in Texas has held that jail prisoners have a right to law library access in order to defend against lawsuits in which they are the defendant, the court also held that a "bookmobile" system of allowing prisoners to check …
Missouri Ad Seg Damages Award Upheld by The eighth circuit court of appeals has affirmed an award of money damages to Michael Weems, a Missouri state prisoner, who was denied a review hearing while in administrative segregation. The court reaffirmed that Missouri state prisoners have a due process liberty interest …
Article • December 15, 1995 • from PLN December, 1995
From the Editor by Dan Pens Welcome to another edition of PLN. We have published continuously for five and a half years now. A lot of people write and ask the same question, "Gee, how did you guys do it?" The answer is simple, hard work and persistence. It's pretty …
Brief • November 27, 1995
Filed under: Accidents
Gay v. WA DOC, WA, Judgment, McNeil Island Ferry Dock Accident, 1995 L i ,.;. ,~Jl~. -.~ j' r.. ·95 NOV -6 A9 :46 1 .. 2 J .: -I \ '... .: \ ' I ' " 'i .... ,"' .( . .' f • II. • ) I …
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