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Article • November 15, 1994 • from PLN November, 1994
Filed under: Civil Procedure, Discovery
Lawyers Deny Inmate Discovery Pending Motion to Dismiss in Federal Court by Allan Parmelee In all the lawsuits brought by federal prisoners against prison staff, the U.S. Attorney who defends them will usually file a Motion to Dismiss or in the Alternative for Summary Judgement in favor of the defendants. …
Evidence Must Support Disciplinary Charge by Indiana is unique in that it does not provide any state court remedy for prisoners who lose good time in prison disciplinary hearings. As a result, Indiana state prisoners seeking the restoration of lost good time or expungement of infractions must file directly in …
Article • November 15, 1994 • from PLN November, 1994
Shortened Pens States Claim by Two prisoners in the segregation unit of the Waupun Correctional Institution at Waupun, Wisconsin, filed suit challenging the prison's practice of issuing segregation prisoners only the ink tube portion of a ball-point pen with which to write. Prisoners who modify the ink tube in anyway …
Article • November 15, 1994 • from PLN November, 1994
DOJ Releases ADA Advisory Report by In 1990, Congress passed the Americans with Disabilities Act (ADA), 42 U.S.C. § 12131-12134, which prohibits discrimination against the disabled by state and local government entities. The ADA applies to criminal justice agencies, including prisons and jails. The Department of Justice (DOJ) is one …
Article • November 15, 1994 • from PLN November, 1994
Change in Parole Eligibility Actionable Under Section 1983 by Thomas Lewis is a Tennessee state prisoner convicted in 1984 and sentenced to 30 years in prison. At the time of his conviction prisoners became eligible for parole consideration after serving thirty percent of their sentence. In 1989 the Tennessee DOC …
Article • November 15, 1994 • from PLN November, 1994
U.S. S.Ct. to Hear Prison and Parole Cases by The 1994-95 term of the United States Supreme Court began on October 3, 1994. Among the cases scheduled for hearing by the Supreme Court are two cases previously reported in PLN which will have wide ranging effect. California Department of Corrections …
Article • November 15, 1994 • from PLN November, 1994
A Prison a Week by According to the Bureau of Justice Statistics Bulletin, Prisoners in 1993, the nationwide 7.4% growth rate of state and federal prison populations in 1993 translates to 1,254 additional prisoners each week. This rate of growth can only be supported by building one 1,254 bed prison …
Retaliation Suit Requires Trial by Allan Dillon is a Virginia state prisoner who was raped by another prisoner. Lawrence Dury was the Virginia DOC (VDOC) internal affairs investigator assigned to investigate the rape. During a search of Dillon's cell pursuant to the investigation, Dury discovered papers indicating that Dillon was …
Article • November 15, 1994 • from PLN November, 1994
4th Circuit Clarifies Eighth Amendment Standard by In the May, 1994 issue of PLN we reported Norman v. Taylor, 9 F.3d 1078 (4th Cir. 1994) in which the appeals court reversed the dismissal of a Virginia jail prisoner's § 1983 suit which alleged that a jail sergeant had hit him …
Disputed Disciplinary Facts Require Reversal by Michael Mays is a New York state prisoner who was infracted for allegedly refusing to return to his cell when a guard ordered him to do so. After a disciplinary hearing Mays was found "guilty" and sentenced to segregation, loss of good time and …
UT DOC Violates Court Access Rights by Utah state prisoners filed a class action suit against Utah Department of Corrections (UDC) officials claiming a failure to provide them with constitutionally adequate access to the courts. The district court agreed with the prisoners and issued an injunction ordering the UDC to …
Article • November 15, 1994 • from PLN November, 1994
MA DOC Uses New Phone System by Paul Wright By Paul Wright As part of the nationwide trend towards more restrictive and more expensive prison phone systems, the Massachusetts DOC signed a contract with NYNEX on January 27, 1994, for the provision of phone services to Massachusetts prisons. The new …
Attorney Fees for Contempt Hearing by Jail prisoners of the Natrona County jail in Wyoming initiated contempt proceedings against jail officials for not having complied with the terms of a consent decree entered into between prisoners and jail officials over jail conditions. The district court concluded that the county jail …
Article • November 15, 1994 • from PLN November, 1994
WI Removes Weights and Tennis Courts by Wisconsin's hard-line Republican Governor Tommy Thompson, apparently concerned about his upcoming re-election bid, has ordered all weights and tennis courts removed from the Wisconsin prison system by October 1, 1994. Wisconsin prison officials were in the process of conducting an inventory of weights …
Article • November 15, 1994 • from PLN November, 1994
State Must Provide Assistance for Parental Suits by Women prisoners in Michigan filed a class action suit against the Michigan Department of Corrections (DOC) challenging the decision to reduce funding to Prison Legal Services in order to end PLS assistance in parental rights matters. The prisoners argued that the decrease …
Prison Alcohol Program May Violate Free Speech by The Iowa Civil Liberties Union (ICLU) and prisoners at the Clarinda Correctional Facility (CCF) filed suit under § 1983 challenging the DOC's expenditure of taxpayer funds on an alcohol rehabilitation program called "The Other Way." According to the complaint, this program has …
Article • November 15, 1994 • from PLN November, 1994
Scared Witless by The fear in her voice reverberated throughout talk-radio land. The elderly woman was among a parade of callers who passionately supported the caning of 18-year-old Michael Fay, who'd pled guilty to vandalism in Singapore. When the host asked why such a brutal punishment was appropriate, she replied …
Article • November 15, 1994 • from PLN November, 1994
Idaho Cons Entitled to Pen and Paper by This is an Idaho criminal case which addresses prisoner's right of access to the courts in the habeas context, we address only that part of the case dealing with prison conditions. In 1989 James Free was convicted and sentenced to a term …
Santeros Win PI by Santeria is a religion which combines aspects of Catholicism and African animism. Believers worship saints, or orishas, who have their own personalities and characteristics. Santeria is widely practiced in Caribbean and Latin American countries. In Church of the Lukumi Babah Aye, Inc. v. City of Hialeah, …
Article • November 15, 1994 • from PLN November, 1994
UT Section 1983 Statute of Limitations Struck Down by In 1987 the Utah state legislature enacted section 78-12-28(3) which provided a two year period in which to bring an "action for injury to the personal rights of another as a civil rights suit under 42 U.S.C. § 1983." This is …
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