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Article • October 15, 1993 • from PLN October, 1993
NY Re-Examines Tough Drug Laws by Former New York governor Nelson Rockefeller decided to launch a "get tough on crime" approach to dealing with that state's drug users and dealers. In 1973 Rockefeller had the state legislature pass a "lock `em up and throw away the key" approach to drug …
Article • October 15, 1993 • from PLN October, 1993
Prison Flooded by We at Menard are suffering the ravages of the Mississippi river flooding. Because of the flooding, all normal services are up in the air. We are given potable water in half ounce little milk containers, and not in sufficient quantities to wash with. The prevailing wind comes …
Article • October 15, 1993 • from PLN October, 1993
ACLU Reaches Accord With Hawaii in Prison Case by ACLU Reaches Accord with Hawaii in Prison Case Aconsent agreement was reached in July in a nine-year old Hawaii prison law suit, it was announced by Alvin J. Bronstein, executive director of the National Prison Project of the American Civil Liberties …
Article • October 15, 1993 • from PLN October, 1993
Grievance System Sham by John Gerteisen This letter is directed specifically at inmates within the Florida Department of Corrections, but may be of interest to any prisoner utilizing the grievance procedure in their state. If the grievance procedure is "certified," as it is in the State of Florida, exhausting administrative …
No Qualified Immunity for Denial of Medical Care by George Cornelious was assaulted and badly beaten in Jefferson City, MO. While receiving treatment at a local hospital he was arrested due to an outstanding warrant. The treating doctor gave the arresting police a head injury monitoring sheet on which to …
Article • October 15, 1993 • from PLN October, 1993
PA Women File Suit Over Property by by D.M. Muncy, PA Our other lawsuit, on our property, seems to be at a standstill. The defendants filed an answer to our complaint, we filed an answer to their answer and now we're just waiting. We've heard nothing since June. We tried …
Article • October 15, 1993 • from PLN October, 1993
Prohibition of Beatings Well Established Law by Steven Hill was a jail prisoner in the Tazewell County, IL, jail. When ordered to leave his cell to clear it for another prisoner Hill questioned why he was being moved. William Shelander, a guard, responded by grabbing Hill's hair and shoulder, pulling …
Elements of Jail RICO Suit Explained by Billy Joe Ashe is a Montgomery County, Texas, prisoner. He filed suit claiming that in retaliation for filing suit against members of the Sheriff's Department he and his co-plaintiff, and their prisoner witnesses, were subjected to a frightening pattern of physical violence and …
Article • October 15, 1993 • from PLN October, 1993
Right to Die Rulings Grow by A quadriplegic prisoner and a woman imprisoned in a persistent vegetative state occasioned recent "right to die" rulings in two states. The California Supreme Court ruled unanimously that a quadriplegic prisoner who is not terminally ill but who must be assisted by others to …
BOP Not Liable for Guard Raping Prisoner by Lisa Flechsig was a prisoner at the federal women's prison in Lexington, Kentucky. After undergoing surgery she was taken to a local doctor's office for follow up treatment. BOP guard Bruce Trent was assigned to escort Flechsig to the doctor's office. En …
Article • October 15, 1993 • from PLN October, 1993
Right to Hot Water Clearly Established by Philip Mathews is an Illinois state prisoner. While he was confined in the segregation unit of the Stateville prison he was held in a cell without hot water for eleven months. His repeated oral and written requests that the hot water be fixed …
Article • October 15, 1993 • from PLN October, 1993
From The Editor by Paul Wright From the Editor Welcome to another issue of PLN . Lately we have been sending out a lot of sample issues of PLN to encourage new subscribers. In August we sent an issue to every prison law library in the US. If our prison …
Article • October 15, 1993 • from PLN October, 1993
Florida Builds More Prisons by The Florida state legislature in late May approved a plan to spend $215 million on prison construction and also voted to overhaul state sentencing guidelines. The expansion package, which passed during a special legislative session called by Gov. Lawton Chiles, will add 10,524 beds to …
Article • September 15, 1993 • from PLN September, 1993
Exposure to Secondary Smoke Can State Claim by Donald McKinney was a Nevada state prisoner who filed a civil rights complaint against prison officials, pursuant to 42 U.S.C. § 1983, claiming that his involuntary exposure to environmental tobacco smoke (ETS) from his cellmate's and other inmates' cigarettes posed an unreasonable …
Article • September 15, 1993 • from PLN September, 1993
New Prisoner Resource Guide Available by The Prisoner Rights Union in California has published their 1993-94 Resource Guide. While the guide will be especially useful to prisoners in California it contains a lot of helpful information for prisoners anywhere. It is 56 pages long and literally filled with information. For …
Article • September 15, 1993 • from PLN September, 1993
Harassment of Jailhouse Lawyer Violates Access to Courts by Aprison guard's harassment of inmate paralegals is actionable under 42 U.S.C. § 1983 as a violation of other prisoners' right of access to the courts, which was recognized as a constitutional right in Bounds v. Smith , 430 U.S. 817 (1977), …
Article • September 15, 1993 • from PLN September, 1993
Placing Con in Cell with Dying PWA Doesn't State Claim by Woodrow Johnson is a federal prisoner confined at FCI Talladega, Alabama. The suit was instituted pro se pursuant to the Federal Tort Claims Act (FTCA), 28 U.S.C. § 2674, Bivens v. Six Unknown Named Agents , 403 U.S. 388, …
Article • September 15, 1993 • from PLN September, 1993
Filed under: Medical, Tuberculosis
NYC Jails Breeding TB by New York City's jails are a breeding ground for tuberculosis, with inmates 10 times as likely to catch the disease as the general public, according to a city report. "The New York City jail system may be an important amplification point in the ongoing tuberculosis …
Article • September 15, 1993 • from PLN September, 1993
AIDS Patient Released from Jail by Gregory Scarpa is a pretrial detainee with full-blown AIDS. He is an alleged mafia captain awaiting trial on charges of racketeering, various murders, murder conspiracies, etc. While on bail previously he was involved in a shoot out and, according to the government, continued his …
Article • September 15, 1993 • from PLN September, 1993
Should You Tell a Potential Employer You're an Ex-Felon? by John Adams By John Adams I'm a prisoner at the Washington State Penitentiary in Walla Walla, Washington, as well as a student at the Walla Walla Community College currently working for my AAAS degrees in Business Management and Bookkeeping. All …
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