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Article • October 15, 1995 • from PLN October, 1995
Detainees Entitled to Exercise and Law Library by Pretrial detainees, like convicted prisoners, retain a right of access to the courts and to outdoor exercise. Jim Housley was a pretrial detainee in the Custer County jail in Oklahoma. He filed suit under 42 U.S.C. § 1983 claiming that his constitutional …
Article • October 15, 1995 • from PLN October, 1995
Loompanics Unlimited by Loompanics modestly bills itself as "the best book catalog in the world." If it's not the best it is certainly the most diverse, having all the books you've heard about but probably haven't seen in the neighborhood bookstore. Loompanics is a publisher and vendor that pushes the …
All Writs Act Limited by The seventh circuit court of appeals has given a narrow interpretation to the All Writs Act, 28 U.S.C. § 1651, by holding that a district court lacked the authority to order the Illinois DOC to transport a prisoner to a medical expert witness's office for …
Article • October 15, 1995 • from PLN October, 1995
FL Enacts More Anti-Prisoner Laws by On June 14, 1995, several laws affecting prisoners were passed into law without the signature of Governor Lawton Chiles. Under this legislation prisoners convicted after October 1, 1995, must serve at least 85% of their sentences in prison. Other laws will expand the prison …
Article • October 15, 1995 • from PLN October, 1995
CBCC EFV Stabbing Trial by In the March, 1995, issue of PLN we reported that Todd Hiivala, a prisoner at the Clallam Bay Correction Center (CBCC) in Washington, stabbed his wife Heather several times during an Extended Family Visit (EFV) on January 7, 1995. Hiivala was shot by tower guard …
Article • October 15, 1995 • from PLN October, 1995
Disciplinary Segregation Bars Criminal Prosecution by PLN rarely reports unpublished court rulings but we do so occasionally when such rulings have a news value to readers or state a novel legal theory. This is such a case. A superior court in Norfolk County Massachusetts has held that filing criminal charges …
Article • October 15, 1995 • from PLN October, 1995
Cocaine Sentencing Disparities May Change by The Sentencing Guidelines Com mission (SGC) is an independent body created by Congress in 1984 to reduce sentencing disparities in the federal court system. This has included creating sentencing guidelines which greatly restrict the discretion of judges in imposing sentences. In 1986 and 1988 …
Article • October 15, 1995 • from PLN October, 1995
Police Chiefs Scoff at Death Penalty by A poll of randomly selected 386 police chiefs in the US found that most believed the death penalty does nothing to deter crime. The poll found that only one percent of the police chiefs believed the death penalty should be a primary focus …
Article • October 15, 1995 • from PLN October, 1995
U.S. Supreme Court: Time on Bail Doesn't Count by The US supreme court has held that the time a defendant spends "released" on bail doesn't count towards completion of his/her sentence even if the "release" is under highly restrictive conditions that are tantamount to jail. Ziya Koray was charged with …
Article • October 15, 1995 • from PLN October, 1995
Editorial by Paul Wright Welcome to another issue of PLN. Some of you may have noticed some changes in last month's issue of PLN. We have recently undergone some of the biggest transitions in PLN's history. First, if the format looked a little different that is because we have begun …
Article • October 15, 1995 • from PLN October, 1995
Filed under: News, News in Brief
News in Brief by Vietnam: During the American attack on Vietnam the South Vietnamese government took over a prison originally built by the French on Con Son island and turned it into a notorious torture and murder camp. Communists and other opponents of the puppet regimes were held for years …
Brief • October 13, 1995
Alvarez v. City of Westmoreland, CA, Deposition, Police Use of Force, 1995 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA DOLORES ALVAREZ, FRANK ALVAREZ, and CHRISTINA ALVAREZ, ) ) ) Plaintiffs, ) ) v. ) ) CITY OF WESTMORELAND, LLOYD RUNNING, ) in his personal and official ) capacities, and …
Article • September 15, 1995 • from PLN September, 1995
Spitting by HIV+ Prisoner Results in Attempted Murder Conviction by Paul Wright By Paul Wright Curtis Weeks, an HIV+ Texas prisoner, spit on a guard and was convicted of attempted murder. PLN rarely reports on criminal law cases and even more rarely do we do so under a by line. …
Injunction Saves CA Family Visits by Gail Harrington Wisely In a victory in the long simmering war over family visits Michael Satris, an attorney with the San Quentin based Prison Law Office, won an injunction from Marin County Superior Court Judge Peter Smith Wednesday May 24 1995, barring the California …
Article • September 15, 1995 • from PLN September, 1995
Filed under: Organizing
Ohio Prison Activist Conference by On April 29th and 30th, 1995, prison activists from around the state attended the Ohio Prison Activist Conference. The theme was "Struggling on the Outside for Those Struggling on the Inside." This conference was organized by Oberlin Action Against Prisons (OAAP) working in conjunction with …
Article • September 15, 1995 • from PLN September, 1995
How to Win Prison Disciplinary Hearings by Paul Wright Reviewed by Paul Wright In the August, 1994, issue of PLN we reviewed the first edition of How to Win Prison Disciplinary Hearings by Allan Parmelee. Now we are excited to tell you about the completed State and Federal Edition. We …
Trial Required on Clothing Claim by When prison guards apply force maliciously and sadistically, they are violating the eighth amendment and can be held liable for their actions. Courtney Wilkens is a Missouri state prisoner. Prison guards claimed Wilkens was wearing gang colors in the prison dining hall and attempted …
Article • September 15, 1995 • from PLN September, 1995
Court Formulates New "Use of Force" Standard by While pretrial detainees are imprisoned against their will and in many cases are similar in circumstance to convicted detainees they are legally innocent of any crime. This is an important distinction when it comes to detainees litigating jail conditions. PLN regularly reports …
Article • September 15, 1995 • from PLN September, 1995
Medical Care Ordered by If a prisoner sustains a serious injury they are entitled to competent medical attention. Richard Sappington is a Texas state prisoner. He injured his foot playing basketball and x-rays revealed multiple fractures in the foot. The prison hospital lacked resources to treat the injuries and his …
Article • September 15, 1995 • from PLN September, 1995
NY Prisoners Awarded Damages in Beatings by A June 4, 1992 incident at the Clinton Correctional Facility started when a prisoner standing in "rec line" waiting to be escorted to the keeplock recreation yard dropped a piece of candy on the floor. Several of his buddies started laughing and jostling …
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