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AZ DOC Denies Court Access by This case deals with a class action suit filed by Arizona state prisoners. They claimed that Arizona prison officials denied them access to the courts by enacting policies that unduly abridged their ability to file and litigate court actions. The district court ruled in …
Stay of Suit Not Appealable by Oscar Bean is a Missouri state prisoner. He filed suit claiming he was denied due process at a disciplinary hearing accusing him of assault. He sought declaratory relief, damages and attorneys fees. The district court granted the defendants' motion to stay Bean's suit for …
Article • May 15, 1994 • from PLN May, 1994
From The Editor by Paul Wright From the Editor by Paul Wright Welcome to another issue of PLN. This issue is kind of special. It marks the 4th anniversary of PLN, that's right, 48 consecutive issues! Our first issue appeared in May of 1990. For the first couple of issues …
Article • May 15, 1994 • from PLN May, 1994
Filed under: News, News in Brief
News in Brief by UK The British government began a pilot study to set up a genetic DNA database of convicted criminals. Legislation pending in Parliament would expand police powers to take DNA samples from saliva and hair samples. A UK official was quoted as saying: "We will bring the …
Evidence Required to Sustain Disciplinary Ruling by Robert Nicholson is a Rhode Island state prisoner. In 1988 he told prison officials and state police investigators that he had been assaulted by two prison guards. His complaint was later investigated by the FBI and Department of Justice (DOJ). The DOJ concluded …
Jail Detainees Have Right to Library Access by This case involves a consolidated appeal of one suit by three Wisconsin county jail detainees and one by an Indiana jail detainee. All of the plaintiffs claimed their right of access to the courts was violated because the jails they were held …
Article • April 15, 1994 • from PLN April, 1994
LA Prisoners Boycott Phones by Paul Wright By Paul Wright In June of 1993 Global Tel-Link won a 3 year contract with the Louisiana Department of Public Safety and Corrections to install about 875 phones and handle all collect calls placed from the state's 16 adult and juvenile facilities. The …
Jail Sued Under ADA by In 1990 Congress passed the Americans with Disabilities Act (ADA), 42 U.S.C. § 12131-12134, which prohibits discrimination against the disabled by public services. Readers will note that this law applies to prisons and jails who can be sued for failing to provide disabled prisoners with …
Article • April 15, 1994 • from PLN April, 1994
Prisoners Pursue Prison Industries Litigation Despite Continued Retaliation by Ken Krause By Ken Krause Several prisoners at the Ely State Prison in Ely, Nevada are continuing to litigate despite repeated retaliation by Ely State Prison officials. Kenneth Krause, Edward Wills and David Bean began a federal RICO suit in 1991 …
Washington Litigation Update by Access to the Courts: Prisoners at WCC, TRCC, MICC and WSP have filed suit concerning DOC policies, rules and practices which restrict their right of access to the courts. Scott v. Peterson , Case No. C92-5232B, filed in US District Court in Tacoma, is a consolidation …
Article • April 15, 1994 • from PLN April, 1994
Wolff Hearing Required Before Detainees Punished by Ernest Walker is a pretrial detainee at the Navarro County Jail in Corsicana, Texas. Walker asked a jail guard to open his cell door so he could get some chips to eat. The guard refused and claimed Walker called him an obscene name. …
BOP Suits Require Administrative Exhaustion by John Rourke is a federal prisoner. He filed suit seeking injunctive relief alleging that prison officials had denied him medical care and arbitrarily imposed disciplinary sanctions against him. The district court dismissed the suit without prejudice as frivolous, before service on the defendants, holding …
Article • April 15, 1994 • from PLN April, 1994
Court Rules on Control Unit Law Library Access by Abdul Akbar is a Delaware state prisoner confined in the Maximum Security Unit (MSU) of the Delaware Correctional Center (DCC). The MSU is a control unit for the long-term segregation of prisoners that prison officials allege to be a danger within …
Article • April 15, 1994 • from PLN April, 1994
No Right to Gate Money by Several New York state prisoners filed suit under § 1983 over a plan enacted by the New York state legislature which revoked the $40 gate money previously given to prisoners upon their release by the state. They also challenged a plan under which prison …
Article • April 15, 1994 • from PLN April, 1994
Report on Indiana Control Unit Issued by The Coalition Against Indiana Control Units (CAICU) has issued it's report Human Rights Violations and Torture on the Rise at the Maximum Control Complex at Westville, IN: Profile of a Supermax . The report details and documents the conditions of confinement suffered by …
Article • April 15, 1994 • from PLN April, 1994
Ad Seg as Punishment Unlawful by Ad Seg As Punishment Unlawful Greg Stevens is an HIV+ Arkansas state prisoner, he is also missing a finger. Due to his medical condition he received a medical limitations slip which prohibited him from working in the prison fields. He reported to work in …
Article • April 15, 1994 • from PLN April, 1994
Filed under: Organizing
Stop the Ohio Super-Max! by Ohio presently imprisons some 41,000 prisoners in 23 different penitentiaries designed to hold 21,738. It plans to build six more prisons, including a super-maximum, or Super Max, prison which will confine only 500 prisoners and cost taxpayers $15 million to build. Super max prisons, such …
Article • April 15, 1994 • from PLN April, 1994
Detainees Have Right to be Vermin Free by Two federal pretrial detainees housed under contract in the Allegheny County Jail (ACJ) in Pennsylvania sued jail officials for a wide variety of ailments affecting jail prisoners. Among the issues they filed suit on were: inadequate ventilation, extreme temperatures, excessive noise, use …
Article • April 15, 1994 • from PLN April, 1994
Ohio Targets Activists as "Gang Members" by John Perotti Ohio Targets Activists As "Gang Members" By John Perotti The Department of Rehabilitation and Corrections (DORC) instituted a regulation prohibiting "gang related activity." This was implemented to fall in line with their overall intention to follow in the footsteps of California, …
MO Ad Seg Practices Unlawful by Several prisoners at the Missouri State Penitentiary (MSP) filed suit after they were held in administrative segregation (ad seg) for periods ranging between nine and thirty days without a hearing or an opportunity to challenge the information upon which the ad seg was allegedly …
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