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Article • December 15, 1992 • from PLN December, 1992
Resources for Incarcerated Parents by The Child Custody Advocacy Services (CHICAS) Project is a part of the Family Reunification component of the Pacific Oaks Center for Children of Incarcerated Parents. The project offers child custody and placement advocacy to jailed or imprisoned parents and their families. Up to 38% of …
Beaten Jail Prisoner Entitled to Counsel by James Swofford is a pre-trial detainee in the Franklin County (IL) jail charged with aggravated sexual assault. Upon being booked into the jail Swofford was placed in a cell with ten other prisoners. During the night they beat, kicked and stomped Swofford, urinated …
Article • December 15, 1992 • from PLN December, 1992
Physical Evidence Need Not be Preserved For Hearing by Physical Evidence Need Not Be Preserved For Hearing Eddie Griffin is a Pennsylvania state prisoner. During a cell search prison guards found about 15 gallons of fermented beverages in his cell. The guards ordered Griffin to flush the liquids down the …
Medical Treatment Cannot Be Delayed to Coerce Confession by Medical Treatment Cannot Be Delayed To Coerce Confession Wesley Taylor is a Missouri state prisoner who suffered a ruptured appendix. Upon arriving at the prison hospital, vomiting blood and in extreme pain, the prison doctor asked him if he had swallowed …
Article • December 15, 1992 • from PLN December, 1992
U.S. Slammed on Death Penalty by While a growing number of countries are abolishing the death penalty as a form of justice for convicted criminals, the United States is executing convicts at a faster rate than ever before, the head of Amnesty International recently said. America's insistence on upholding the …
Article • December 15, 1992 • from PLN December, 1992
Government Entitled to Only One Qualified Immunity Appeal by Government Entitled To Only One Qualified Immunity Appeal In Mitchell v. Forsyth , 472 US 511, 105 S. Ct. 2806 (1982), the US Supreme Court clarified its prior rulings on qualified immunity. Government officials performing discretionary functions (such as prison officials, …
Article • December 15, 1992 • from PLN December, 1992
Magistrates Cannot Dismiss Civil Rights Suits by Johnnie Reynaga is a California state prisoner who filed a § 1983 suit against a public defender, district attorney, deputy district attorney and state trial judge seeking damages and injunctive relief on the ground they had denied him his right to a fair …
Article • December 15, 1992 • from PLN December, 1992
Due Process Requires Hearing Before Punishment by Keith Brown-El is a prisoner at the Missouri State Penitentiary (MSP). He was infracted for staying in bed during count and staying in the shower too long. He was found guilty at a disciplinary hearing and sentenced to segregation, transferred to another prison …
Article • December 15, 1992 • from PLN December, 1992
Attention Artists by FUSPPP (Free U.S. Political Prisoners and Prisoners of War) is sponsoring an art show of art by prisoners. They are seeking to gather art from around the country, in all different forms, including poetry and other writing, to draw attention to the stories of various prisoners, their …
Article • December 15, 1992 • from PLN December, 1992
Prisoner Has No Right to Independent Drug Test by Prisoner Has No Right To Independent Drug Test Rick Koenig is an Arizona prisoner who tested positive for marijuana use in an ADx urine test. He was infracted for drug use. Prior to his disciplinary hearing Koenig requested a gas liquid …
Article • December 15, 1992 • from PLN December, 1992
Incarcerated Juveniles Have Right to Court Access by In a still developing area of the law, the Sixth Circuit Court of Appeals affirmed that juvenile prisoners have a constitutional right of access to the courts. To make this right meaningful, the state must provide juveniles with access to attorneys. This …
Article • December 15, 1992 • from PLN December, 1992
Animal Rights Movement Criminalized by With little fanfare by the mainstream media George Bush has signed S. 544, the Animal Enterprise Protection Act of 1992 (Public Law 102-346) into law. The Act creates a new offense entitled "animal enterprise terrorism", defined as traveling in interstate or foreign commerce, of using …
Article • December 15, 1992 • from PLN December, 1992
Crime and Punishment in America by Paul Wright Crime And Punishment In America By Paul Wright The October 7, 1992, edition of the Seattle Times reported that in Carson, CA a homeless man had been acquitted by a jury of stealing aluminum cans from a recycling bin. The man was …
Unlawful to Knock Down Handicapped Prisoner by Unlawful To Knock Down Handicapped Prisoner Laneer Winder is a handicapped Illinois pretrial detainee in the Chicago jail. Due to a back injury Winder cannot walk more than short distances and needs leg braces to walk at all. While going from his cell …
Article • December 15, 1992 • from PLN December, 1992
Filed under: Commentary/Reviews, Reviews
Prison Press Reviews by Paul Wright By Paul Wright There are a number of excellent publications that deal with the American prison system. We exchange with most of them and try to inform our readers of these publications by periodically reviewing them. Because we have had a large increase in …
Article • December 15, 1992 • from PLN December, 1992
Filed under: Searches, Drug Testing
Prison Drug Test Survey by Drug testing of prison inmates has become a standard practice in federal and state institutions, with hundreds of thousands of urinalysis tests conducted over the course of a year; and a significant portion of the tests turn up positive, according to a major study by …
Article • December 15, 1992 • from PLN December, 1992
Filed under: Medical, HIV/AIDS, Medication
California HIV+ Prisoners on Medical Strike by California HIV+ Prisoners On Medical Strike The rate of HIV (the virus believed to cause AIDS infection) in prisons is higher than in all other institutions in the U.S. National studies have shown that prisoners with AIDS live half as long as people …
Article • December 15, 1992 • from PLN December, 1992
From The Editor by Paul Wright By Paul Wright Welcome to our last issue of PLN for this year. This makes 32 consecutive issues of PLN published. This isn't bad in a business where many newsletters, not just prison ones either, count their number of issues in the single digits. …
Article • November 15, 1992 • from PLN November, 1992
BOP Prisoners Must Exhaust Administrative Remedies by PLN recently reported the U.S. Supreme Court decision in McCarthy v. Madigan , 503 US ___, 112 S.Ct. 1081 (1992), which held that federal prisoners did not have to exhaust administrative remedies (the grievance system) prior to filing suit in federal court. In …
Article • November 15, 1992 • from PLN November, 1992
Medication Must Be Delivered in Timely Manner by Medication Must be Delivered in Timely Manner Raymond Aswegan is a 70 year old Iowa state prisoner serving a life sentence at the Iowa State Penitentiary. Aswegan has numerous health problems including coronary artery disease, arthritis, obstructive pulmonary disease and a history …
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