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Article • April 15, 1994 • from PLN April, 1994
IL Prisoners Have No Right to a Valid Classification System by State prosecutors' use of extreme language and personal opinion in letters that they are required to submit to the department of corrections for use in making initial prison security classifications of newly committed prisoners does not violate the constitution …
Article • April 15, 1994 • from PLN April, 1994
5th Cir. Guts Legal Mail Standard by Van Lee Brewer and Claude Harris are Texas state prisoners. They filed suit under § 1983 claiming that prison officials had opened and read their incoming legal mail from the courts, attorneys and government officials outside their presence. They also claimed their outgoing …
Article • April 15, 1994 • from PLN April, 1994
Legal News in Brief - 9th Cir. Amends LeMaire Opinion by The Court of Appeals for the ninth circuit recently amended an opinion concerning the constitutionality of conditions in the Oregon State Penitentiary's (OSP) Disciplinary Segregation Unit (DSU). PLN reported the decision in Vol. 5, No. 1 (January, 1994). The …
BOP Liable for Recalculating Sentence by Kent Alexander is a former federal prisoner. In 1986 he was released after serving a three year federal sentence. Eighty days later he was arrested for "violation of parole" and placed in FCI Tucson. The prison administrative systems manager, Luis Rivera, told Alexander that …
Article • April 15, 1994 • from PLN April, 1994
AZ Prisoners Have Right to Court Access by Antonio Bustamonte is an Arizona state prisoner held at the Winslow prison. In April of 1992 a riot broke out at the prison resulting in Bustamonte's housing unit being locked down. One of the consequences of the lockdown, in which prisoner's were …
Excluding Alibi Witness Unconstitutional by Kelvin Moye is a New York state prisoner. He was infracted for stabbing another prisoner. At his disciplinary hearing Moye requested a statement from a prisoner whose testimony would indicate that Moye could not have committed the stabbing. The hearing officer refused to obtain a …
Article • April 15, 1994 • from PLN April, 1994
9th Cir. Explains Review of Religious Claims by Jason Ward is the only Orthodox Jewish prisoner at the Ely State Prison in Nevada. He filed suit under § 1983 claiming that prison officials had violated his right to free exercise of his religion by not providing him with a kosher …
Article • April 15, 1994 • from PLN April, 1994
Court Cannot Dismiss Suit When Partial Filing Fee Paid by Robert Butler is a Nevada state prisoner. He filed suit under § 1983 alleging his defense attorney and trial judge at his state court trial had conspired together in order to deny him a fair trial. The district court granted …
Article • April 15, 1994 • from PLN April, 1994
GA Parole Rules Create Liberty Interest by Stephen Sultenfuss is a Georgia state prisoner serving sentences for two drug convictions. Under the rules of the Georgia Board of Pardons and Parole (GBPP) he should have served 10 months in prison. Disregarding their own rules the GBPP imposed a period of …
Okay to Disclose Informant's Identity by David Sterling is a federal prisoner. He is also an informant. During the course of disciplinary proceedings against his cellmate, Lawrence Pekoske, Sterling provided information to Bureau of Prisons (BOP) officials under a promise of confidentiality. Pekoske filed a request to examine his prison …
Work Release Revocation Requires Hearing by Billy Jackson was an Arkansas state prisoner. She was placed in work release but later quit her job and her parole officer could not locate her at her address of record. She was later arrested on charges of public drunkenness, returned to prison and …
Article • April 15, 1994 • from PLN April, 1994
From The Editor by Paul Wright From the Editor By Paul Wright Welcome to another issue of PLN . First, please accept my apologies for the late arrival of the March issue. In the past we have mailed PLN from Seattle on the last Tuesday of the month. We have …
Double Celling Pre-Trial Detainees Violates Due Process by Several animal rights protestors arrested while demonstrating against an annual pigeon shoot filed suit against Schuykill County Prison in Pennsylvania, and it's officials, alleging that the conditions of confinement during their stay at the prison violated their constitutional rights. The conditions complained …
Article • April 15, 1994 • from PLN April, 1994
Legal News in Brief - NCIC Info Rule by The Bureau of Prisons, Department of Justice, has issued a final rule amending it's rule on production or disclosure of FBI/National Crime Information Center (NCIC) information to conform to NCIC's requirement that any request by a prisoner for his or her …
Article • April 15, 1994 • from PLN April, 1994
Infestation Violates 8th Amendment by Several pretrial detainees in the Cook County jail in Chicago filed suit over rodent infestation at the jail. Several of the plaintiffs claimed they had been bitten by rats, one was attacked by a swarm of mice. Administrative grievances and complaints to jail officials failed …
Article • April 15, 1994 • from PLN April, 1994
Informant Sues Over Disclosure by Steve Rutledge is an informant in the Illinois state prison system. While housed at the Joliet prison he informed on members of the North Side gang who were planning an escape attempt. As a result, the would-be escapees were segregated, infracted and punished. Prison officials …
Brief • April 8, 1994
Filed under: Appointment of Counsel
Kleiva v. WA DOC, WA, Judgment, Legal Misrepresentation, 1994 3100(::> 15 , f'-~ \c.. t-E/VEQ 1 APR 08 1994 2 D~Jy c. 3 and MaCFie 4 SUPERIOR COURT OF WASHINGTON FOR COUNTY OF PIERCE NO. 86-2-06680-8 JUDGMENT -:.:- ::: .•~..... \V 17 11- Defendants. -J 18 udgment Summary (RCW 4.64.030): …
Article • March 15, 1994 • from PLN March, 1994
S.Ct. Hears Argument in Prisoner Attack Case by On January 12, 1994, the U.S. Supreme Court heard oral argument in Farmer v. Brennan , Case no. 92-7247. Farmer is a transsexual federal prisoner who was raped after being placed in general population at the U.S. Penitentiary at Terre Haute, IN. …
Article • March 15, 1994 • from PLN March, 1994
OH Prisoners Seek Court Access by Ohio prisoners have filed a class action suit alleging that the Ohio DOC has promulgated conditions which prevent the exercise of prisoners right of access to the courts. The claims include depriving prisoners in segregation and protective custody of law library access and access …
Voices from the Chowchilla Women's Prison by Judy Greenspan Women in prison are entitled to the same community standard of care that people have outside. However, just the opposite is true at the Central California Women's Facility at Chowchilla, California (CCWF). The CCWF is probably the largest women's prison in …
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