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Article • March 15, 1993 • from PLN March, 1993
Vermont Ends Smoking Ban by The Nov. 26, 1992, edition of the Seattle Times reports that the Vermont DOC has ended its ban on prisoner smoking. The Vermont DOC had banned smoking, in July 92, to counter indoor air pollution problems and avoid lawsuits by non smoking prisoners. The reason …
Article • March 15, 1993 • from PLN March, 1993
Supreme Court Strikes Blow Against Attorney Fees by Adrian Lomax Since 1976, the Civil Rights Attorney Fees Award Act, 42 U.S.C. § 1988, has ensured that state officials would be forced to pay the attorney fees of the litigants who successfully sue state officials for violations of federal rights. This …
Article • March 15, 1993 • from PLN March, 1993
Federal Prison Terms Increasing by Offenders sentenced under the Federal Sentencing Guidelines are more likely to go to prison and to stay there longer than were offenders sentenced for crimes committed before the guidelines took effect in November, 1987,according to U.S. Justice Departments Bureau of Justice Statistics (BJS). BJS said …
Article • March 15, 1993 • from PLN March, 1993
Prisoners No Longer Entitled to Witness Fees by In October of 1992 former President Bush signed bill HR-2324 into law which prohibits the payment to incarcerated persons of witness fee's in federal court. The law amends 28 U.S.C. § 1821 and overrules the US Supreme Courts decision in Demarest v. …
Article • March 15, 1993 • from PLN March, 1993
Freezing Temperature Violates Eighth Amendment by Four prisoners at the Iowa State Reformatory segregation unit were sent outdoors to a recreation area while prison guards searched their living unit for weapons. The temperature was sub-freezing with a significant wind chill factor. The prisoners requested not to go outside. They were …
Article • March 15, 1993 • from PLN March, 1993
Right to Avoid Tobacco Smoke Exposure not Established by In part of the continuing split among the circuits on this issue, some circuits have held exposing prisoners to Environmental Tobacco Smoke (ETS) violates the eighth amendment, see: Hunt v. Reynolds, above. Other Circuits have held it does not. See: Wilson …
Article • March 15, 1993 • from PLN March, 1993
Okay to Steal Mail by Two Missouri state prisoners wrote and telephoned US postal officials to complain that prison administrators were "stealing, holding, tampering with, censoring, delaying and destroying" their mail in violation of federal postal laws. The postal officials refused to investigate the prisoners' claims. The prisoners then filed …
Indiana DOC Must Allow Witnesses at Hearings by Jerry Forbes is an Indiana state prisoner who refused to take a urine test because the prison did not publish its testing procedures. He was infracted and requested prison officials as witnesses at his hearing and they refused to appear. He was …
Article • March 15, 1993 • from PLN March, 1993
Package Forwarding Service for Cons by Looking for someone to mail a gift for you? Thanks to a service called Mail-A-Gift, fathers who have never had the chance to select and independently send their child a birthday present can do so now, and husbands can send their wives gifts such …
Article • March 15, 1993 • from PLN March, 1993
Exposure to Tobacco Smoke Violates Eighth Amendment by Two non-smoking Tennessee prisoners suffering from various medical problems were forcibly celled with prisoners who smoked. They claim the Environmental Tobacco Smoke (ETS) of their cellmates aggravated their existing medical conditions. They filed suit in district court under § 1983 claiming prison …
Article • March 15, 1993 • from PLN March, 1993
Dismissal of HIV+ Conditions Suit Reversed by Two HIV+ Mississippi state prisoners filed suit against Mississippi state officials challenging numerous aspects of the state DOC's policy regarding HIV+ prisoners. The policies they challenged include: placing HIV+ prisoners in administrative segregation and denying them all privileges; not providing adequate AIDS treatment …
Article • March 15, 1993 • from PLN March, 1993
Congress OKs Fed Cons to Pay Cost of Prison by Congress has approved legislation allowing the Federal Bureau of Prisons to collect "user fees" from federal inmates equal to the costs of a year's incarceration. The Justice Department, which sought the legislation, estimated that about 9 percent of the 30,000 …
Article • March 15, 1993 • from PLN March, 1993
Section 1983 Proper Remedy for Disiplinary Violations by Two Arizona state prisoners were found guilty of drug use at a disciplinary hearing and lost 2 years of good time credits, did 15 days in isolation, lost privileges, were moved to higher security levels, and placed on a more restrictive parole …
Article • March 15, 1993 • from PLN March, 1993
Editorial by Ed Mead Why do you think Paul and I go through all the trouble to put out this paper each month? Why do our outside volunteers so consistently work to produce and mail every issue? It certainly isn't because we or our volunteers have nothing better to do …
Article • March 15, 1993 • from PLN March, 1993
Washington Smoking Suit Dismissed by Ronald Guilmet is a Washington state prisoner at Walla Walla. Guilmet does not smoke and a smoker was placed in his cell. Five days later Guilmet complained to the unit sergeant that cigarette smoke bothered him. About five days after this Guilmet was assigned a …
Article • March 15, 1993 • from PLN March, 1993
Prison Bosses Liable for Rights Violation by Willie Horne is a retarded New York state prisoner who was infracted, not provided with a counsel substitute at a disciplinary hearing, and was punished. Horne filed suit claiming that prison officials violated his due process rights by subjecting him to a disciplinary …
Brief • February 24, 1993
Filed under: Mental Health
Roe v. Meachum, CT, Class Act Complaint, Mental Health Services, 1993 Roe v. Meachum 111111I111111111111111111111111 PC-CT-007-001 UNITED STATES DISTRICT COURT v:.;": ,", (,', f.~ DISTRICT OF CONNECTICUT.:,,' - ,', Edward Roe, Evan Moe, David Cae, and John Doe, on behalf of themselves and all others similarly situated, Plaintiffs, v. ~ …
Article • February 15, 1993 • from PLN February, 1993
Access to Courts Right Explained by Leroy Jenkins is an Illinois state prisoner in Protective Custody (PC). He filed suit claiming the prison policy of denying PC prisoners law library access in person violated his right of access to the court. He also claimed prison law library clerks extorted payments …
Article • February 15, 1993 • from PLN February, 1993
Prison Journalist Punished by Adrian Lomax Letters from Readers [One of the objectives of the PLN is to become a forum through which readers can express opinions on what they've read, or to point out issues we should be addressing. Paul and I feel it is important for there to …
Article • February 15, 1993 • from PLN February, 1993
Criminal Justice Statistics by Ed Mead By Ed Mead You must have done something terribly wrong in a previous life (or maybe it was this one?), as I am now going to stick you with the task of reading a bunch of the government's criminal justice statistics. What I have …
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