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Article • August 15, 1993 • from PLN August, 1993
Dismissal Error for Failing to Obey Local Rules by Ronald Kilgo is a Georgia state prisoner. When he was in the Fulton County Jail he filed suit under § 1983 because jail officials had repeatedly refused his requests for medical treatment of a back injury and had subjected him to …
Law Librarian Liable for Access Violations by A Lorton prisoner at the Occoguan Facility brought suit under 42 U.S.C. §§ 1983 and 1988 and the first, fifth, sixth and fourteenth amendments to the constitution. The complaint alleged a pattern of exclusion and harassment in connection with his use of the …
Section 1988 Attorney Fee Awards Explained by In two cases involving attorney fee awards for class action prison civil rights suits the ninth circuit court of appeals clarified and explained the standards district courts should follow when they award attorney fees to the prevailing party. In Gates prisoners at Vacaville, …
Article • August 15, 1993 • from PLN August, 1993
Service Complete When Delivered to Prison Officials by Brian Faile is a Nevada state prisoner. He sued the Upjohn company claiming that their product Xanax, a prescription drug, caused him depression and violent outbursts which resulted in his being severely wounded by police and imprisoned. The district court dismissed Faile's …
Article • August 15, 1993 • from PLN August, 1993
California Visitor Search Ruling Modified by A 13-point injunction concerning searches of visitors to California prisons was scrutinized March 23 and modified in some particulars by the California Court of Appeals, First District. The injunction was the result of a suit challenging a program under which visitors' vehicles were subjected …
Article • August 15, 1993 • from PLN August, 1993
WA Repeals Cons Tolling Statute by The 53rd Washington Legislature unanimously amended RCW 4.16.190 to repeal the provision which tolled the statute of limitations for prisoners serving less than natural life terms. The new law went into effect on July 1, 1993. The statute of limitations in Washington State for …
Prisoners Retain Right of Bodily Privacy by Male Georgia state prisoners filed suit concerning the assignment of female prison guards to prison living units. The prisoners claim that the female guards act unprofessionally when they view male prisoners in their undershorts, showering and using the toilet. They claim that the …
Article • August 15, 1993 • from PLN August, 1993
Non-Stenographic Depositions by Paul Wright By Paul Wright The most crucial part or process of a civil rights suit is the discovery phase. In many civil rights cases the defendants are government employees performing state functions and thus have sole control of the relevant evidence the plaintiff will need to …
Article • August 15, 1993 • from PLN August, 1993
Sanctions Against Pro Se Litigant Reversed by Raymundo Mendoza is a Texas state prisoner. In 1980 he suffered cervical and spinal injuries in a prison accident. He filed suit and his claims were eventually dismissed. In 1991 he filed suit alleging that he had received negligent medical treatment; been denied …
Article • August 15, 1993 • from PLN August, 1993
Texas Proposes to Build State "Jails" by Texas Proposes to Build State "Jails" After decades of costly prison reform litigation under the Ruiz decree the Texas Department of Criminal Justice (TDCJ) continues to have serious problems of overcrowding. Overcrowding of state prisons has reduced the TDCJ's ability to receive new …
Article • August 15, 1993 • from PLN August, 1993
Officer's Family Awarded $120,000 for Contracting TB by In what may be an important precedent setting case, the U.S. Department of Justice awarded almost $120,000 to the family of Peter Petrosino, a 57 year old state prison guard at the Auburn, N.Y. prison, who died Oct.24, 1991, as a result …
Article • August 15, 1993 • from PLN August, 1993
Retaliatory Transfer States Claim by Michael Guglielmo is a New Hampshire state prisoner involuntarily transferred to Connecticut. Guglielmo filed suit claiming that his involuntary transfer was in retaliation for his legal activities. He also claimed that prison officials keeping materials about his litigation in his prison file labelled him a …
Article • August 15, 1993 • from PLN August, 1993
Some Evidence Standard Meets Due Process by Prison discipline imposed on the basis of "some evidence" that an inmate has violated prison regulations does not violate the fourteenth amendment's due process clause, a majority of the Court of Appeals for the Eighth Circuit held. In the prison setting, due process …
No Right to Cross Dress by Tonya Star, AKA Anthony Jones, is an Illinois state prisoner. Star filed suit contending prison officials had violated his first amendment and equal protection rights by refusing to allow him to wear women's clothing and makeup. Star did not claim to be a transsexual …
Article • August 15, 1993 • from PLN August, 1993
Florida Conditions Lawsuit Settled After 21 years by After 21 years of protracted, time consuming and tedious litigation involving three correction's secretaries, four governors, thousands of inmates and millions of dollars, the Department of Corrections of Florida has finally resolved the legendary Costello lawsuit. "For the first time in 21 …
Article • August 15, 1993 • from PLN August, 1993
Texas Studies Housing Prisoners in Foreign Countries by F Lee Weiss by F. Lee Weiss The Texas Senate approved a measure calling for a study to investigate the desirability of housing state inmates in foreign countries. State Senator John Leedom, a Republican from Dallas, said that his proposal could save …
Disciplinary Isolation Triggers Due Process by Prisoners suffered a violation of their due process rights when they were ordered into disciplinary isolation with out the notice and hearing procedures outlines in Wolff v. McDonnell, 418 U.S. 539 (1974), the Massachusetts Supreme Court held. The less demanding procedures prescribed in Hewitt …
Article • August 15, 1993 • from PLN August, 1993
Opening Legal Mail States Claim by Miguel Castillo is an Illinois state prisoner. He filed suit under § 1983 after three pieces of legal mail were opened by Cook County Jail officials in an eight month period. The items of "legal mail were marked legal mail," two came from the …
Article • August 15, 1993 • from PLN August, 1993
9th Circuit Announces New Qualified Immunity Rule by This case arises from the strip searching of arrested AIDS protestors at a federal building demonstration in Portland, OR. While this is not a prison case the appeals court has announced a new rule concerning the qualified immunity doctrine which is often …
Article • August 15, 1993 • from PLN August, 1993
Filed under: Crime, Sentencing
City of Refuge by David Finney Everyone has heard about alternative sentencing. What about alternative incarceration? The debate should be expanded to encompass this issue too. When people get put in prison the great majority become distrustful, angry and radicalized. It is a symptom of theseemingly arbitrary and unfair nature …
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