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Brief • September 14, 1995
Richey v. Nerup, WA, Memo and Order Granting Preliminary Injunction, Costs From Prisoners, 1995 2 SEP 14 1995 UNITED STATES DISTRICT COURT I AU=:- R 3 UJ"'IW\C~ EASTERN DISTRICT. OF 4 THOMAS W.S. RICHEY, 5 Plaintiff, 6 vs. 7 a PENELOPE NERUP, et al., • ", lARSeN, C,uri( WASHING;:;..T.:..O~N:..:- ~"'"'\~ …
Brief • September 1, 1995
Pack v. Beyer, NJ, Settlement Agreement, Management Control Unit, 1995 CRUMMY, DEL DEO, DOLAN, GRIFFINGER & VECCHIONE A Professional Corporation One Riverfront Plaza Newark, New Jersey 07102-5497 (201)596-4500 Attorneys tor Plaintiffs By: John V. Jacobi (3897) -: : 1 ¯· Ï995' UNITED STATES DISTRICT COL'RT DISTRICT OF NEW JERSEY Harry …
Publication • September 1, 1995
Filed under: Prison Life Magazine
Prison Life magazine, September-October 1995 REAL PEOPLE ON DEATH ROW Announcing PRISON LIFE s Second Annual Art Behind Bars Contest PRIZES 1st Prize-$250 and two subscriptions to Prison Life 2nd Prize-$150 and two subscriptions to Prison Life 3rd Prize-$50 and two subscriptions to Prison Life WRITING CATEGORIES Fiction: short stories …
Brief • August 19, 1995
Filed under: Accidents
Hamack v. WA DOC, Tort Claim, Parking Lot Accident, 1995 ~ 100'1 \ \CC .' .' fRl~©@!I\VJI~JJJ qOU o par m nl k G n rat 0 m n na P. 195 M.I ugu l 7 0 -----;;:--------- dmini rati n I ision o -lOl- 101 0 9 I mpia …
Article • August 15, 1995 • from PLN August, 1995
Translators Required for Medical Interviews by Pretrial detainees and convicted prisoners held in the Kern County, CA jail filed a class action suit challenging the jail's use of padded safety cells for violent and suicidal prisoners and other jail conditions. The district court held that the safety cells, consisting of …
Hearing No Substitute for Trial by The court of appeals for the eighth circuit has held that a district court evidentiary hearing cannot serve as a substitute for a full trial, doing so violates a prisoner's seventh amendment right to a jury trial. Harold Hobbs, an Arkansas state prisoner, was …
Article • August 15, 1995 • from PLN August, 1995
OR DOC To Ban Smoking by The Oregon DOC has announced plans to ban smoking in all its facilities by October 1, 1995. The ban will be implemented in a four phase plan which gradually limits, then eliminates, the areas in which prisoners may smoke. The DOC will offer smokers …
Fear Constitutes Actual Injury by A district court in Illinois has held that the fear a prisoner experiences when attacked by another prisoner, in the absence of any physical injury, is sufficient injury to state a claim for compensatory damages under section 1983. Anthony Jones is an Illinois state prisoner …
Article • August 15, 1995 • from PLN August, 1995
Filed under: International, Immigration
INS Deportation Hearings Required Prior to Release by Boyd F Campbell The Ninth U.S. Circuit Court of Appeals reversed and remanded a lower court decision that denied relief to an alien inmate convicted of an aggravated felony who claimed the Immigration and Naturalization Service (INS) was not taking steps to …
Article • August 15, 1995 • from PLN August, 1995
No Immunity for Smoke Exposure by The Court of Appeals for the Eighth Circuit has affirmed a lower court ruling denying prison officials qualified immunity from money damages for exposing a prisoner to Environmental Tobacco Smoke (ETS). George Weaver, a Nebraska state prisoner, was placed in a cell with a …
WA Passes Record Anti-Prisoner/Defendant Legislation by Paul Wright By Paul Wright In the March, 1995, issue of PLN I gave a rundown on most of the anti-prisoner and defendant legislation then pending in the legislature. After we had gone to press for that issue Ida Ballasiotes, the rabid chair of …
Article • August 15, 1995 • from PLN August, 1995
ID Rider Program Creates Liberty Interest by The ninth circuit has held that prisoners have a due process liberty interest in accurate and reliable rehabilitation reports. In 1972 Idaho created the ARider Program@ whereby convicted felons were sent to prison to be evaluated for potential release on probation, the sentencing …
Martinez Hearing Reversed by The tenth circuit has approved a process whereby district courts conduct hearings to develop the record and determine whether there is any legal or factual basis to claims brought by pro se prisoner litigants. See: Martinez v. Aaron, 570 F.2d 317 (10th Cir. 1978). In this …
Article • August 15, 1995 • from PLN August, 1995
IFP Dismissal Reversed by District courts reviewing a plaintiff's petition to proceed in forma pauperis (IFP) must first review the complaints and decide whether they are legally or factually frivolous before they can demand partial payment of the filing fees. Bonnie McCaslin, a Nebraska state prisoner, filed nineteen lawsuits simultaneously …
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 …
Qualified Immunity RA Defense by The court of appeals for the eighth circuit has held that the affirmative defense of qualified immunity is available to government officials sued under the Rehabilitation Act (RA), 29 U.S.C. '794(a). McKinley Lue is a blind Missouri state prisoner who filed suit claiming he was …
Outgoing Mail Censorship Illegal by A district court has reaffirmed the long-standing principle that the censorship of outgoing prisoner mail rarely implicates prison security interests. Donald Gee, a Wyoming state prisoner, wrote a letter to his brother about his conditions of confinement, that he was being retaliated against by prison …
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 …
Supreme Court Guts Due Process for Prisoners by On June 20, 1995, the supreme court issued its five to four ruling in Sandin v. Conner. The ruling appears to be the most devastating legal setback prisoners have suffered in the Supreme Court since Turner v. Safley was decided in 1987. …
Police, Death and Inquests by Adrian Lomax David Urban, 35 years old, was serving a 30-day sentence in the Winnebago County Jail in Oshkosh, Wisconsin, when, at 1:00 pm on January 13, he began complaining to guards that he felt ill and needed medical attention. The sheriff's deputies who run …
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