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Article • February 15, 1995 • from PLN February, 1995
Damage Awards Can be Used for Restitution by Under Iowa state law all felons must pay victim restitution. The DOC sets up a restitution plan whereby up to half of a prisoners earnings can be confiscated and sent to the county court clerk who disburses the funds to the victims. …
Article • February 15, 1995 • from PLN February, 1995
Filed under: Mail, Mail Regulations
9th Cir Reverses Dismissal of Publisher Only Rule by PLN rarely reports on unpublished decisions because they cannot be cited as binding precedent. But in some cases prisoner litigants benefit from knowing cases that have been decided by the courts in their relevant circuits as well as new avenues of …
Article • February 15, 1995 • from PLN February, 1995
Prisoners Entitled to Free Legal Mail Postage by Several prisoners at the Iowa Mens Reformatory (IMP) f led suit under 42 U.S.A. § 1983 seeking injunctive relief from the prisons policy of denying indigent prisoners in administrative segregation any free legal or personal postage. Prisoners in ad seg are not …
Article • February 15, 1995 • from PLN February, 1995
Speeding Cop Loses Job by A New York police officer, Steven Schwartz, liked life in the fast lane. His personalized license plate read "MY T QUICK". Schwartz was also "MY T DEADLY". While responding to a police call m 1987, Schwartz struck and killed a pedestrian in a crosswalk when …
Article • February 15, 1995 • from PLN February, 1995
Former TX Parole Board Chairman Sentenced by Former Texas slate parole board chairman, James Granberry, pleaded guilty in April of 1994 to charges that he committed perjury during an investigation of independent "parole consultants." After Granberry resigned from the Board of Pardons and Parole in May 1991, he set himself …
Article • February 15, 1995 • from PLN February, 1995
NC Consent Decree Modified by In 1985 North Carolina state prisoners filed a class action suit seeking relief from unconstitutional conditions at 49 of the states 97 prison facilities. During trial the parties settled and entered into a consent decree which limited overcrowding to 140% of capacity in medium security …
Prisoner Raped by Custodians by A federal woman prisoner being transported from the Danbury prison in Connecticut to one in Texas was sexually assaulted by the owner of Fugitive One Transport, Arnold Faulhaber, and a company guard, Joseph Jackson. Both suspects were arrested on October 8, 1994, and charged by …
WA DOC Sanctioned in Grievance Mail Case by In the September, 1994, issue of PLN we reported OKeefe v. Murphy, the unpublished case by US District Judge Alan McDonald which held that prisoners mail to and from different government agencies was entitled to confidential treatment, i.e. being opened only in …
Article • February 15, 1995 • from PLN February, 1995
S.Ct. Revokes Review by In the November, 1994, issue of PLN we reported that the Supreme Court had granted review in Rowe v. DeBruyn 1,71. 94-249. The case involved an Indiana state prisoner who was infracted and punished for defending himself against an attempted rape attack. The question the supreme …
OK Prisoners Have Disciplinary Hearing Remedy by In the May, 1994, issue of PLN we reported Waldon v. Evans, 861 P.2d 311 (Okl. Cr. 1993) which held that Oklahoma state courts could hear prisoners challenges claiming due process violations in prison disciplinary hearings. In a new ruling, the Oklahoma Court …
Settlements and Jury Awards by NJ: Former Bayside State prison, NJ, doctor John Napoleon, will have to pay six prisoners $80,000 to settle an eighth amendment medical neglect suit against him. The prisoner plaintiffs, all incarcerated in NJ state or county prisons, claimed that Napoleon deliberately failed to treat them …
Guard Sues Over Discrimination Order by This case involves a black California prison guard, Ali Moyo, who sued his superiors in the California Department of Corrections (CDC) after they fired him for protesting against and refusing to cooperate with the defendants practice of allowing white prisoners, but not black prisoners, …
CDC Must Establish Hobby Program by Lassen County Superior Court Judge J. Harvey issued a writ of habeas corpus on August 16, 1994, which ordered the California Department of Corrections (CDC) to establish a hobby program and store materials at the California Correctional Center (CCC) at Susanville. Steve Yakle, a …
Article • February 15, 1995 • from PLN February, 1995
Exposure to Cold Illegal, Rectal Search Upheld by Ronald Del Raine is a long time PLN supporter and an even longer term prisoner at the US Penitentiary at Marion, Illinois. In 1984 Del Raine filed suit claiming that assorted guards and officials at Marion had violated his eighth amendment rights …
Article • February 15, 1995 • from PLN February, 1995
CT Phone Suit Filed by The Connecticut Civil Liberties Union (CCLU) has filed suit against the Connecticut DOC over a phone monitoring system recently implemented by the DOC. Washington v. Meachum, Case No. CV-94-0534616S was certified as a state wide class action suit on May 3, 1994, in the state …
Article • February 15, 1995 • from PLN February, 1995
No Immunity for Sweat Lodge Denial by Ralph Thomas is a Nebraska state prisoner. He filed suit under 42 U.S.C. § 1983 claiming that prison officials had violated his right to religious freedom by denying him daily access to the prisons sweat lodge for prayer. He claimed this denial also …
Visitor Search Held Illegal by Lenora Daugherty frequently visited her husband at the Turney Center, a Tennessee state prison. Prior to one of Daughertys visits a prison guard told the warden that he had received information that she was smuggling drugs into the prison. The warden also received two letters …
Article • February 15, 1995 • from PLN February, 1995
PA Limits Suits Against Defense Attorneys by Dale Gardner The malpractice suit against her was "a mere buzzing fly," said Patricia Dugan, a criminal defense lawyer in Philadelphia, PA. So rather than contact her insurance company and watch her rates rise she asked a friend to handle the case. Her …
No Immunity for Visitor Strip Search by Tina Spear regularly visited her boyfriend, Daniel Wade, at the Northpoint Training center, a Kentucky state prison. Upon arriving for a visit on Christmas day in 1990 prison officials told her she would not be allowed to visit Wade unless she submitted to …
Article • February 15, 1995 • from PLN February, 1995
Brutality Protested by On October 10, 1994, more than 25 protesters marched on the Oak Park Heights state prison in Minnesota The demonstrators entered the prison lobby and demanded to meet with warden Erik Skon, who declined. The march was organized by the Love & Rage Anarchist Federation of Minneapolis …
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