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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 …
Article • July 15, 1995 • from PLN July, 1995
Filed under: Organizing
Raze the Walls Burned by Raze the Walls (RTW) is a Seattle based anti-prison collective that has supported prison activists (including PLN), published a prisoner resource directory among other activities. On May 12, 1995, they suffered a big setback when the squatted house they occupied burned to the ground. Not …
Article • July 15, 1995 • from PLN July, 1995
Prisoners Entitled to Meaningful Ad Seg Review by New York state law has created a liberty interest for its prisoners to remain free from administrative segregation (ad seg) and prisoners cannot be held on indefinite ad seg status without meaningful review of that status. Prisoners have no federal constitutional right …
Article • July 15, 1995 • from PLN July, 1995
Filed under: Telephones, Telephone Rates
NV Phone Rate Scalping Examined by In response to complaints from prisoners, family members and prison activists, the Nevada Public Service Commission (PSC) began work in December on a plan to regulate phone systems at jails and prisons. PSC Commissioner, Galen Denio, said he has to review testimony and documents …
Qualified Immunity Granted for Denial of Exercise by In the May, 1994, issue of PLN we reported Allen v. City and County of Honolulu, 39 F.3d 936 (9th Cir. 1994) which held that prison officials were not entitled to qualified immunity for denying a segregated prisoner at least one hour …
Article • July 15, 1995 • from PLN July, 1995
Denial of Food May Violate Eighth Amendment by As district court in New York has held that depriving a prisoner of all meals for a two day period may violate the eighth amendment when imposed as a punitive sanction. Sean Williams is a New York prisoner confined in a control …
AA Probation Requirement Illegal for Atheist by In the May, 1994, issue of PLN we reported Warner v. Orange County Dept. of Probation, 827 F. Supp. 261 (SD NY 1993) which refused to dismiss a probationers claim that being forced to attend Alcoholics Anonymous (AA) meetings as a condition of …
Article • July 15, 1995 • from PLN July, 1995
Filed under: Commentary/Reviews, Reviews
Book Review: Civil Liability in Criminal Justice by HE Barrineau Book review by H.E. Barrineau III This 108 page book provides a minimalist and simplistic, but quite broad overview of § 1983 litigation. It is aimed at criminal justice employees who are likely to be sued. The book is liberally …
Article • July 15, 1995 • from PLN July, 1995
Filed under: Organizing, Hunger Strikes
FL Prisoner Has Right to Die by In 1972 Florida prisoner Michael Costello filed a lawsuit that eventually turned into a class action suit that resulted in improving living conditions, court access and medical care for state prisoners. Governor Lawton Chiles estimated that the costs to the state for litigating …
Article • July 15, 1995 • from PLN July, 1995
TDCJ Selling Counterfeit Meat by The Texas Department of Criminal Justice(TDCJ) is getting into the fast food business. This is a new and different type of fast food, though. What makes it a fast is how fast prisoners whisk their trays to the garbage can to dump the fake soy-based …
Article • July 15, 1995 • from PLN July, 1995
Violence Increases in Fed Prisons by BOP records show an increase of violence at the five older U.S. Penitentiaries at Atlanta, Leavenworth, Lewisburg, Lompoc and Terre Haute. Statistics from the two newer prisons at Florence and Allenwood are not yet available. BOP records show that prisoner assaults on guards increased …
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 …
Article • July 15, 1995 • from PLN July, 1995
Books Available: The Penitentiary in Crisis: From Accomodation to Riot in NM by Mark Calvin The author is a former New Mexico assistant attorney general who was involved in investigating the causes and effects of the Santa Fe prison riot in 1980. The book takes a fairly objective analysis of …
Article • July 15, 1995 • from PLN July, 1995
SC Prisoners Protest Haircut Policy by In February, 1995, Michael Moore, a prison administrator from Texas, was appointed head of the South Carolina DOC. He promptly implemented the Aget tough on prisoners policies of recently elected Republican governor David Beasley. To date this has included cutting back on work release …
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 …
Article • July 15, 1995 • from PLN July, 1995
Filed under: Work, Chain Gangs
AL Brings Back Chain Gangs by Ron Jones, commissioner of the Alabama DOC, has announced that it has ordered 300 sets of leg irons to the tune of $17,000 so prisoners can be put to work for the first 90 days of their sentences. Jones is carrying out a directive …
Article • July 15, 1995 • from PLN July, 1995
Filed under: Reviews, Organizing
The Rise and Fall of California's Radical Prison Movement (Book Review) by Mark Cummins This is a history of the California prison movement from 1950 to 1980, focusing on San Quentin state prison and highlighting the role that prison reading and writing played in the creation of radical prisoner ideology …
Denial of Witnesses Violates Due Process by A federal district court in New York has held that a prisoner's due process rights were violated at a disciplinary hearing when the hearing officer refused to call a guard as a witness and failed to interview the guard to determine what his …
Retaliatory Infraction States Claim by An Illinois district court has reaffirmed that prisoners retain a first amendment right to complain about prison conditions without fear of being subjected to retaliation by prison officials. Selma Geder, an Illinois state prisoner, filed numerous administrative grievances complaining about prison conditions. In retaliation for …
Article • July 15, 1995 • from PLN July, 1995
9th Cir. Upholds Attorney Fee Award by This is not a prison case per se. It involves the ninth circuit court of appeals upholding an award of attorney fees of $66,535 in a case where the plaintiff only recovered nominal damages of $1. Because prison litigation often involves small or …
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