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Detainee Entitled to Medical Care by The mere fact that a prisoner is "seen" by a doctor does not, by itself, constitute "medical care." Terry Guidry was a pretrial detainee in the Jefferson County Detention Center in Texas when he got into a fight with another prisoner. Instead of trying …
Article • August 15, 1995 • from PLN August, 1995
Shackled Litigant Denied Due Process by The court of appeals for the second circuit has reaffirmed that trial courts deny pro se litigants a fair trial when litigants are shackled before the Jury and no hearing on the need for restraints is held. Ronald Davidson is a New York state …
Article • August 15, 1995 • from PLN August, 1995
8th Amendment Discussed by In a lengthy ruling a district court in Iowa gave an extensive discussion of the history of the eighth amendment and numerous cases regarding its application to medical neglect cases. This case is useful not so much for the facts or issues presented in the underlying …
Detainees Entitled to Non-Punitive Conditions by Pretrial detainees, who have not been convicted of any crimes, may not be punished in any manner. This includes housing them in jail conditions that could be construed as punitive. Dale Miller filed suit over conditions at the Cook County (Chicago) Jail. He claimed …
Pelican Bay Ruling Issued by One prisoner publication hailed it as "A Moral Victory for Prisoners." The headline in a correctional trade magazine proclaimed "State Wins Pelican Bay Suit." Interpreting the 345-page Madrid v. Gomez opinion is difficult at best, and as shown by the contrasting headlines above, a reader's …
Brief • July 26, 1995
Allaway v. Martin, NY, Plaintiff Motion to Compel Discovery, Guard Excessive Force, 1995 UNITED STAI'ES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK CHARLES ALLAWAY, Plaintiff, -againstCorrectional Officers STEPHEN MARTIN, HOWARD PICKMAN, SCOTT DARRAH, JAY SISKAVICH, RONALD BOYSE, and D. DuBREY, Correctional Sergeants HAROLD BOYLE and TIMOTHY MURTHA, Lieutenant BRUCE McCORMICK, …
Appointment of Counsel by In the February, 1994, issue of PLN we extensively discussed the third circuits ruling in Tabron v. Grace, 6 F.3d 147 (3rd Cir.1993) which set forth the standards district courts should use when ruling on pro se prisoner plaintiffs motion for appointment of counsel. The ruling …
PA Class Action Settlement Published by The October, 1994, issue of PLN reported that on August 12, 1994, attorneys representing all Pennsylvania state prisoners had reached a settlement with prison officials of that state regarding almost every aspect of prison conditions in that state. The district court has published the …
Unprovoked Assault States Claim by The sixth circuit court of appeals held that an unprovoked assault by Ohio prison guards states a claim for an eighth amendment violation. In doing so, the court rejected the prison guards' contention that unprovoked assaults do not, as a matter of law, state an …
Excessive Force Jury Instructions Affirmed by Robert Baker is a Missouri state prisoner. He filed suit under 42 U.S.C. § 1983 claiming that his eighth amendment rights were violated when prison guards swept garbage and water into his cell after which he fell and injured himself. While being taken to …
VA Guards Indicted in Beatings by In September of 1993 Charles Coates, a prisoner in the Greensville Correctional Center at Jarratt, VA, was handcuffed and shackled when a prison guard lifted him up and slammed him to the floor face first. Coastes says he blacked out and when he awoke …
Winds of Unrest Blowing Over Arizona by Rainman In the August 1994 issue of PLN it was reported that many oppressive policies were being instituted in the Arizona prison system ("Oppression on the Rise in Arizona"). These changes, for the most part, are nothing more than a return to the …
Publication • June 1, 1995
Filed under: Restraints, Wrongful Death
Positional Asphyxia Bulletin NIJ 1995 U.S. Department of Justice Office of Justice Programs National Institute of Justice National Law Enforcement Technology CenterBulletin June 1995 A National Institute of Justice Program Positional Asphyxia—Sudden Death Major portions of this bulletin are drawn from a report prepared by the International Association of Chiefs …
Retaliatory Threats Illegal by Leon Burgess is a Missouri state prisoner. Burgess disrupted a prison disciplinary hearing and guards responded by holding him down, while he was handcuffed, as another guard tried to force a towel into his mouth. When that failed the guard wrapped the towel around Burgess neck …
Harassing Searches State Claim by Alnoraindus Burton is an Illinois state prisoner. He filed suit under 42 U.S.C. § 1983 claiming that after he filed administrative grievances against prison guards who used racist slurs against him he was subjected to a widespread campaign of harassment and retaliation by the guards. …
Article • May 15, 1995 • from PLN May, 1995
BOP Set to Stun Prisoners by A Bureau of Prisons (BOP) reader sent us a photocopied BOP Policy Statement (P.S. 5558.10) dated September 30, 1994. The policy statement authorizes the BOP to force "maximum custody inmates" to wear what it describes as a "Remote Electronically ACtivated Technology (REACT) Stun Belt" …
Article • May 15, 1995 • from PLN May, 1995
NC DNA Testing Statute Upheld by Past issues of PLN have reported on the legal and political issues involved in DNA testing. Several states and the federal government have passed laws in the last five years which mandate the taking of blood from prisoners in order to compile a DNA …
Article • April 15, 1995 • from PLN April, 1995
CDC Issues New Shooting Policy by In the March, 1995, issue of PLN we reported that the FBI was investigating the California Department of Corrections' (CDC) policy of shooting prisoners. That policy had lead to CDC guards shooting and killing at least 27 prisoners between 1989 and 1994, compared to …
Pierce County Jail Sued by On January 19, 1995, a class action suit was filed against Pierce County (Tacoma, Washington) concerning massive overcrowding at its jail. The jail was built in 1984 and designed to hold 470 prisoners, it was later remodeled to hold 628. On January 17, 1995, the …
Article • April 15, 1995 • from PLN April, 1995
$50,000 Awarded in Groin Kneeing by Fred Culver is a mentally disabled alcoholic. He was arrested by city police in Sparta, Georgia and taken into custody. Once in the jail he began slapping at one of the policemen. In an ensuing melee Culver was twice kneed in the groin. He …
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