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Brief • November 30, 1993
McBride v. State of Washington, WA, Complaint for Damages, Probationer Rape, 1993 ·!~~~pax,r ~§@§D\Yl~[OJ NOV 3 01993 DEC -' 6 1993 2 C~shi{).r SectJC11 StJperlCr Ccurt Cisr'~ ATIORNEY GENERAL'S OFFICE TORT DIV. - OLY. 3 4 SUPERIOR COURT OF THE STATE OF WASHINGTON FOR KING COUNTY 5 6 ) ) …
Article • November 15, 1993 • from PLN November, 1993
Standard for Modifying Consent Decrees Explained by Standard For Modifying Consent Decrees Explained In 1976 prisoners in the Hamilton County, OH, jail filed suit challenging their conditions of confinement. The parties entered into a consent decree which settled all claims. Within five weeks of the decree's entry, in 1985, the …
Article • November 15, 1993 • from PLN November, 1993
No Right to Forfeit Goodtime by Helen Woodson was a federal prisoner serving twelve years on four counts of destroying government property arising out of protests at ICBM missile sites. She is a member of the Plowshares, a Christian group that takes literally the bible's command to beat swords into …
Article • November 15, 1993 • from PLN November, 1993
Statement of Claim Must Rely Solely on Complaint by Scott Swoboda was a jail detainee in Doniphan County, Kansas. He filed suit under § 1983 over numerous conditions of confinement at the county jail. The district court dismissed the suit pursuant to Fed.R.Civ.12(b)(6), concluding that the lawsuit failed to state …
Article • November 15, 1993 • from PLN November, 1993
WI Ad Seg Rules Don't Create Liberty Interest by Wisconsin regulations governing the transfer of state prisoners to "temporary lockup" status do not create a protected liberty interest under the fourteenth amendment due process clause, a majority of the Wisconsin supreme court ruled June 3, 1993. The majority agreed with …
Article • November 15, 1993 • from PLN November, 1993
Chain of Custody on Urine Sample by Federal courts in New York have held that due process requires a prison disciplinary body to establish a reasonably reliable chain of custody as a foundation for introducing the results of urinalysis tests into evidence at prison disciplinary hearings. This chain of custody …
Prosecutorial Liability Explained by Stephen Buckley sought damages, under 42 U.S.C. § 1983, from prosecutors for fabricating evidence during the preliminary investigation of a highly publicized rape and murder case in Illinois, and for making false statements at a press conference announcing the return of an indictment against him. He …
Section 1983 Not Estopped by State Court Ruling by Santiago Ramirez is a New York state prisoner. An informant told a prison sergeant that Ramirez had a shank concealed in his cell. Acting on this information Ramirez's cell was searched and a shank was found. Ramirez was infracted and at …
Article • November 15, 1993 • from PLN November, 1993
Pages from a Jailhouse Journal by Nick DiSpoldo By Nick DiSpoldo The present Supreme Court, led by Chief Justice William Rehnquist, has modified nearly all of the rights granted prisoners under the Warren court (1953 -- 69). Mr. Rehnquist, whom I suspect serves as technical advisor for television's Night Court …
Florida Conditions Victory Reversed by This 42 U.S.C. § 1983 case was initiated by ten present and former prisoners at Glades Correctional Institution (GCI) in Florida. They sought money damages and injunctive relief for cruel and unusual punishment and other unconstitutional conditions of confinement. The district court held a trial …
Article • November 15, 1993 • from PLN November, 1993
Republicans Introduce Crime Bill by Paul Wright By Paul Wright In last month's issue of PLN , I reported on President Clinton's crime bill, which he unveiled at an August 11, 1993, press conference. It turns out that a week before this, with considerably less fanfare, Senate Minority Leader Robert …
Article • November 15, 1993 • from PLN November, 1993
Filed under: Organizing
Report from the Hole by Adrian Lomax Report From The Hole By Adrian Lomax The guard stood in the middle of the seg unit, counting, 26 of the 40 cells had the 3x12 inch Plexiglas windows in the cell doors covered with paper form the inside. The 5:00 PM count …
Article • November 15, 1993 • from PLN November, 1993
Filed under: Commentary/Reviews, Crime
The Politics of Imprisonment by Ed Mead By Ed Mead Peoples' fear of being victimized by crime has steadily risen over the past couple of decades. This has been particularly true for women, the elderly, and minority communities. While there has always been a substantial amount of crime in the …
Chained Detainee Wins Restraint Case by At the Madison County Jail in Indiana a pre-trial detainee named Jones became despondent and tried to hang himself, after learning that his four months pregnant girlfriend had taken a job as an exotic "topless" dancer. Jail officials busted Jones and moved him to …
Biased Hearing Officer Violates Due Process by Biased hearing Officer Violates Due Process Robert Ramirez is a federal prisoner. He had been imprisoned at the US penitentiary in Marion, IL, and had gone through that prison's transfer process and was moved to Leavenworth. While at Leavenworth Ramirez was infracted for …
Lack of Shower/Bathroom Curtains Violate Privacy by Douglas Arey is a Maryland State prisoner. While at a recently built pre release center he complained that the lack of shower curtains and bathroom partitions, which allowed female guards to observe his genitals, violated his right to privacy. Prison officials took no …
Article • November 15, 1993 • from PLN November, 1993
Seg Prisoners Entitled to Congregate for Religious Services by Richard Salahuddin was a Muslim New York State prisoner. In 1985 he was transferred to the Sullivan Correctional Facility (SCF), which was still under construction. At the time of his transfer and during his stay at SCF he was on "keeplock" …
Article • November 15, 1993 • from PLN November, 1993
Editorial by Ed Mead Editorial Comments By Ed Mead Welcome to another issue of Prison Legal News . This month I want to bring you up-to-date on how we have been doing with our efforts to increase our subscriber base and the number of paying readers. Since last May, every …
Litigation and Service Protected by First Amendment by Eric Schroeder is a Hawaii State prisoner. While working in the prison law library he assisted other prisoners with their legal problems. Another prisoner asked Schroeder to serve Tranquillino Mabellos, a staff education specialist at the prison, with a summons and complaint …
Article • November 15, 1993 • from PLN November, 1993
Well Established Right to Release From Control Unit by Well Established Right To Release From Control Unit Harvey hall is a Missouri State prisoner. While in protective custody at the Missouri State penitentiary (MSP) Hall was found in possession of contraband and placed in the Special Management Facility (SMF). After …
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