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Article • October 15, 1995 • from PLN October, 1995
Article Clarification by In the August, 1995, PLN our ar ticle WA Passes Record Anti-Prisoner/Defendant Legislation commented at length on House Bill 2010. We were somewhat skeptical of provisions within the bill that designated efforts to explore establishing a kosher kitchen at the Airway Heights prison near Spokane, WA for …
Article • October 15, 1995 • from PLN October, 1995
Delay in Dental Care States Claim by The eighth circuit court of appeals has reaffirmed the long-standing principle that delaying dental care for prisoners violates the eighth amendment. Ronald Boyd, a Missouri state prisoner, began suffering pain to his jaw on June 1, 1991. He requested to see a dentist. …
Article • October 15, 1995 • from PLN October, 1995
Jail Population Report by Like the prison population the nation's jail population has soared in recent years, overshadowed by prison crowding. According to a recent Department of Justice report, Jails and Jail Inmates 1993-94, the national jail population was at an all time record high of 490,442 detainees as of …
Retaliatory Infraction Illegal by The court of appeals for the second circuit reaffirmed that infractions in retaliation for prisoners' exercise of constitutionally protected rights are unlawful. The court also noted that administrative dismissal of such charges do not bar § 1983 actions for damages resulting from punishment imposed at the …
Death Row Prisoners Keep Right to Contact Visits with Counsel by The court of appeals for the tenth circuit has held that condemned and maximum security prisoners held in an Oklahoma control unit are entitled to contact visits with their attorneys. The court also held that all violations of prisoners' …
Article • October 15, 1995 • from PLN October, 1995
Reader Mail: PA Settlement Correction by Scott Rudnick Regarding your article in the July issue of Prison Legal News on page 11 about the Pennsylvania Department of Corrections, you state "attorneys representing all PA state prisoners had reached a settlement...." Two Pennsylvania prisons were not part of that litigation. SCI …
No Immunity for Hearing Officers by Prison officials who hear and decide prisoners' administrative appeals from disciplinary hearings are only entitled to qualified immunity for their actions. Jerry Young is a New York state prisoner. He was found guilty of misconduct at five separate prison disciplinary hearings and sentenced to …
Article • October 15, 1995 • from PLN October, 1995
Gunslingers Dressed in Hot Pink by Alabama has been in the forefront of new, not necessarily good, ideas lately. The state that brought back chain gangs has announced, in May, 1995, that it will begin dressing male prisoners who habitually expose themselves to female guards in hot pink pants and …
Article • October 15, 1995 • from PLN October, 1995
AZ's War on the Federal Judiciary by In large class action suits when courts find constitutional violations they sometimes order large-scale changes. This is especially the case in institutional reform litigation that typically involves prisons. To ensure that court orders are being carried out and to measure progress, which sometimes …
Population Cap, Fines Affirmed by The court of appeals for the fifth circuit has affirmed a district court ruling which set population caps on the population of a county jail and imposed fines for each prisoner over the cap held at the jail. The court also affirmed the lower court …
Article • October 15, 1995 • from PLN October, 1995
WA Publisher Only Rule Challenged by In the February, 1995, issue of PLN we reported on Sindars v. Riveland, an unpublished ninth circuit ruling reversing dismissal of a Washington state prisoner's challenge to the Washington DOC's "publisher only" rule which mandates that all written materials be sent from the publisher. …
AZ Court Affirms Food Packages by In an Order dated April 7, 1995, United States District Judge C.A. Muecke ruled in Hook v. Arizona, No. CIV 73-97 PHX CAM, that Arizona inmates will continue to receive three 25 pound food packages at Christmas. Arizona inmates will also be allowed once …
Article • October 15, 1995 • from PLN October, 1995
Asbestos Exposure States Claim by A district court in Massachusetts has held that a suit claiming exposure to asbestos states a claim for violation of the eighth amendment. County jail prisoners filed suit claiming they were exposed to "raw, open and dry asbestos fibers" on exposed pipes within the jail. …
Article • October 15, 1995 • from PLN October, 1995
US Prison Population Report by According to the Department of Justice the American prison population has grown more than 2.5 times between 1980 and 1993. As of 1993, the latest year statistics are available, 2.6% of the US adult population, 4.9 million adults, were on parole, probation, in prison or …
Article • October 15, 1995 • from PLN October, 1995
Filed under: Work, Prison Industries
The Bottom Line: California's Prison Industry Authority by Willie Wisely Imagine a half-billion dollar manufacturing company that uses slave labor, has little overhead, ignores state and federal laws regulating workplace safety, includes hazardous materials in the construction of its products, forces customers to buy those products under penalty of law, …
Article • October 15, 1995 • from PLN October, 1995
Filed under: Reviews, Court Access
The Citebook by Paul Wright Review by Paul Wright The Citebook is a 275 page book written by Tony Darwin designed to help laypersons help themselves in researching their litigation. Now in its eleventh printing the book is organized by subject and gives a brief description of relevant cases. This …
Article • October 15, 1995 • from PLN October, 1995
AZ Chain Gangs Protested by When Arizona became the second state to reinstate the use of prison chain gangs, Donna Hamm wasn't going to allow it to happen without her voice of protest being heard. On June 12, 1995, Ms. Hamm, a long time prisoner rights activist, PLN supporter, former …
Article • October 15, 1995 • from PLN October, 1995
Worked to Death: OH Work Release Programs by Dan Cahill By Dan Cahill Many of us have been concerned about the possibility of abuse and tragedy in the unprotected use of prison labor. Over the past several years Ohio legislators have made it legal to market prison labor to private …
7th Cir. Clarifies "Deliberate Indifference" for Medical Cases by To state an eighth amendment violation, prisoners must do more than claim mere negligence by prison medical staff. Willie Sellers was a federal prisoner held at the infamous penitentiary at Marion. He is also a diabetic. He filed suit claiming that …
MN Passes Laws Against Prison Litigators by The 1995 session of the Minnesota state legislature passed laws aimed directly at jailhouse layers. MN Statute § 243.241 titled "Civil Action Money Damages" was created. It states: "Money damages recovered in a civil action by an inmate confined in a state correctional …
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