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No Cause of Action in Reversed Disciplinary Sanction by Victor Sowell is a New York state prisoner. He was infracted for inciting a riot, assault and disobeying a direct order. He was transferred to a different prison and placed in segregation prior to his disciplinary hearing. At the hearing Sowell …
Ninth Circuit Approves Oregon Control Unit Conditions by Paul Wright By Paul Wright This is a case which challenged numerous conditions of confinement at the Oregon State Penitentiary's Disciplinary Segregation Unit (DSU), which is a control unit. The ruling does not bode well for prisoners seeking to question such conditions. …
Classification Chief Liable for Attack by Classification Chief Liable For Attack Israel Nelson was convicted in an Ohio court of assaulting his common law wife and was sent to a medium security prison. His wife contacted him and informed him that her brother, a major cocaine dealer, was plotting to …
Article • January 15, 1994 • from PLN January, 1994
Conditions Habeas Requires Administrative Exhaustion by Raleigh Irby is a prisoner at the federal Metropolitan Correctional Center (MCC) in Chicago. He petitioned the district court for release under 28 U.S.C. § 2241 (the habeas corpus statute) because he was not receiving adequate medical treatment for severe congenital disk disease. The …
Article • January 15, 1994 • from PLN January, 1994
Common Law Right to Inspect Court Records by This is not a prison case but it involves a net maker's suing a competitor for theft of trade secrets. In the course of the litigation various documents were submitted under seal and protective order to the court. That litigation was settled. …
Article • January 15, 1994 • from PLN January, 1994
Visitor Cannot Withdraw Consent to Search Once Search Has Begun by Visitor Cannot Withdraw Consent To Search Once Search Has Begun This prison case comes to us via a suppression of evidence hearing in a federal drug prosecution. Arthur Spriggs went to visit a prisoner at the Lorton Reformatory, a …
WI Prisoners Not Entitled to Minimum Wage by In part of the continuing struggle to obtain minimum wages for their labor, five Wisconsin prisoners filed suit under the Fair Labor Standards Act (FLSA) 29 U.S.C. § 201 et seq. The Wisconsin prison industries program, under the name of Badger State …
BOP Must Disclose Program Statement by George Cowsen-El is a federal prisoner at Marion, Illinois. He filed a Freedom of Information Act (FOIA) request with the Bureau of Prisons (BOP) seeking disclosure of BOP program statement 5511.2, which deals with stand up counts. He also sought disclosure, under the Privacy …
Article • January 15, 1994 • from PLN January, 1994
MI Hearing Officers Have Absolute Immunity by James Sullivan is a Michigan state prisoner. He was infracted for having a urinalysis test that indicated marijuana use. At his disciplinary hearing he stated he had been using the legal pain killer and anti-inflammatory Ibuprofen, which was sold in the inmate store. …
Article • January 15, 1994 • from PLN January, 1994
Bankruptcy Appeal Filed When Mailed by Three Pennsylvania state prisoners appealed the dismissal of their appeals from bankruptcy court after the district court held the appeal was untimely. Bankruptcy appeals must be filed within ten days, and in this case the prisoners gave their appeals to prison officials within the …
Article • January 15, 1994 • from PLN January, 1994
Exposure to Cold Weather States Claim by Ronald Chandler is a Missouri state prisoner. He filed suit claiming that prison officials violated his constitutional rights by providing a dining room too small to accommodate all the prisoners in his housing unit at once; poorly supervising the noisy and chaotic dining …
Article • January 15, 1994 • from PLN January, 1994
Parole Commission Guidelines Not Ex Post Facto by The federal prisoner in this case, Noble Simpson, filed a pro se habeas corpus petition against the U.S. Parole Commission. Simpson's suit challenged, on ex post facto grounds, the Commission's application at his second parole hearing of it's guidelines which were not …
Nominal Damages in Eighth Amendment Claim Upheld by Rederick Cummings was accused of attempting to rape a prison employee. During the course of "investigating" the rape allegations prison officials beat Cummings several times. Cummings filed suit alleging that the beatings violated his eighth amendment rights. At trial a jury found …
Article • January 15, 1994 • from PLN January, 1994
WA DNA Identification Statute Upheld by District Court by The state of Washington has adopted legislation requiring prisoners convicted of sex offenses or violent crimes to submit to a blood draw in order to provide officials with DNA identification information. Joe Ryncarz filed a pro se 42 U.S.C. section 1983 …
Outgoing Mail May Contain Slander by Aprisoner at the Iowa Men's Reformatory received a major disciplinary infraction for "verbal abuse" as a result of comments included in a letter he had written to his brother. The prisoner, Rick Bressman, wrote: "yeah, their (sic) real assholes, my counselor is a dick …
Prisoner's Assault Claim Must Go to Trial by Prisoner's Assault Claim Must Go To Trial William Moore is a prisoner at the Southern Ohio Correctional Facility (SOCF) in Lucasville. He filed suit under 42 U.S.C. § 1983 claiming that his eighth amendment rights were violated when prison guards came to …
Law of Medical Treatment Explained by Ed Mead By Ed Mead Case Goes to Trial Over $12.40 Pair of Glasses Aprisoner at the Iowa State Penitentiary (ISP), Dean Benter, filed a suit under 42 U.S.C. § 1983, alleging he was subjected to cruel and unusual punishment in violation of the …
Article • January 15, 1994 • from PLN January, 1994
"Tough On Crime" Law Increases Michigan Crime Rates by Despite the increased use of prison as a criminal sanction, nearly every category of violent crime rose from 1981 to 1991. In the past decade, Michigan's legislature has passed many "tough on crime" laws and quadrupled the state's corrections budget, according …
Article • January 15, 1994 • from PLN January, 1994
Court Declines to Define "Frivolous" Suits by Anthony Brown is a Maryland state prisoner. After telling prison medical staff he had already been vaccinated, he was given another tuberculosis inoculation and broke out in a rash. Brown filed suit under §<%0> 1983 claiming that the vaccination violated his eighth amendment …
Article • January 15, 1994 • from PLN January, 1994
WA State DOC &quot;Work Ethic&quot; Program: Capitalist Training Camp, or Liberal Rehabilitation Scheme? by PLG WA State DOC "Work Ethic" Program: Capitalist Training Camp, or Liberal Rehabilitation Scheme? By P. L. G. During the last session of the Washington State legislature, there was a bill passed mandating that DOC implement …
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