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Article • September 15, 1992 • from PLN September, 1992
Exhaustion of State Remedies Not Required to Challenge Parole Board Procedures by Exhaustion of State Remedies Not Required to Challenge Parole Board Procedures in Federal Court The U.S. Court of Appeals for the 7th Circuit has held that a prisoner who is dissatisfied with the procedures used to consider his …
Article • September 15, 1992 • from PLN September, 1992
Editorial by Ed Mead Editorial Comments By Ed Mead First of all, readers should have noticed that we printed fourteen pages of the PLN last month, four more than our usual number. The reason for this bonus was due to an unexpected increase in contributions from prisoners and family members. …
Article • September 15, 1992 • from PLN September, 1992
The Proposed Prison in Florence, CO: A "New and Improved" Marion by The Proposed Prison in Florence, CO: A "New and Improved" Marion The United States Penitentiary at Marion, located in Southern Illinois, opened in 1963 to replace Alcatraz, which closed that same year. Marion is the most maximum security …
Indiana Control Unit Prisoners File Suit and Strike by Paul Wright On May 4, 1992, the Indiana Civil Liberties Union filed a class action suit in the Marion County, Indiana, Superior Court. The action is Taifa Vs. Bayh, and challenges numerous conditions of confinement at the Westville, IN, Maximum Control …
Prisoner Entitled to Protection and Toilet Access by Kenneth Young is an HIV positive federal prisoner who was transferred to the US Penitentiary at Lewisburg, PA. While in the transfer segregation unit at Lewisburg Young was sexually assaulted by his cellmates several times. He repeatedly requested protective custody from a …
Article • August 15, 1992 • from PLN August, 1992
High AIDS Rate Behind Bars by People entering U.S. prisons have high HIV infection rates and transmission of the virus that causes AIDS continues among prisoners because of intravenous drug use and homosexual activity, Federal health officials said June 4 in Atlanta. As of November 1990, there were 4,519 cases …
NCCHC Asks Congress to Improve Prison Health Care by NCCHC Asks Congress To Improve Prison Health Care Carl C. Bell, M.D., chairman of the National Commission on Correctional Health Care's (NCCHC) Board of Directors, in testifying to a congressional subcommittee, stated that "...the Federal Government must act to improve health …
Article • August 15, 1992 • from PLN August, 1992
Court Rules on Service and Venue by Arnold Huskey is a BOP (Bureau of Prisons) prisoner confined at the US Penitentiary in Marion, Illinois. He filed suit in the District of Columbia claiming BOP officials had violated his constitutional rights by misclassifying him under 28 C.F.R. § 524.72 (h) resulting …
Article • August 15, 1992 • from PLN August, 1992
Study Finds Sentencing Bias in Washington State by Anew study has found that Hispanics in Yakima County are more likely to receive long prison sentences than whites. The study was performed by political scientist David Hood and sociologist Ruey-Lin Lin, both of Eastern Montana College in Billings. It was based …
Article • August 15, 1992 • from PLN August, 1992
Guards Need Not Disclose Identity Of HIV-Positive Cons by A prisoner in the medium security unit of a Nebraska state prison brought a federal civil rights lawsuit against the warden and other prison personnel, claiming that they subjected him to cruel and unusual punishment by: (1) conspiring to conceal the …
Interstate Compact Does Not Create Liberty Interest by Fred Pletka was an Iowa prisoner in disciplinary confinement at the Iowa State Penitentiary when he was transferred to Texas under the interstate corrections compact. Shortly after arriving in Texas Pletka was released into the general prison population. Later, when he was …
Federal Prisoner Must Exhaust BOP Remedies Before Seeking Habeas Corpus Relief by Federal prisoner Ivan Gonzalez was convicted of possession with intent to distribute three kilograms of cocaine. He was sentenced to five years of imprisonment. The U.S. Parole Commission calculated a presumptive parole date of May 30, 1990. When …
Article • August 15, 1992 • from PLN August, 1992
1991 Prison Population Up 6.2% by The population of state and federal prisons (not counting jails) rose 6.2 percent last year, reaching a new record high of more than 823,000, according to a study by the federal Bureau of Justice Statistics (BJS). The increase amounted to a need for 900 …
Article • August 15, 1992 • from PLN August, 1992
Supreme Court To Define "Prevailing Party" for Purposes of Attorney Fees by Supreme Court To Define "Prevailing Party" For Purposes Of Attorney Fees Under 42 U.S.C. § 1983, a "prevailing party" in a federal civil rights suit may be awarded attorneys' fees. In civil rights cases such attorneys' fees may, …
Article • August 15, 1992 • from PLN August, 1992
Wisconsin Lockdown by Adrian Lomax In the middle of May, 1992, the Wisconsin DOC distributed a new set of property rules to all prisoners. It contained a lot of new restrictions but the most significant is that the total amount of property a prisoner may possess must fit into a …
Article • August 15, 1992 • from PLN August, 1992
Court Bans Double Celling by Since 1986 Utah state prison officials have planned to double cell the Wasatch unit of the Utah State Prison in Draper, Utah. In the 1970's Utah prison officials entered into a consent decree with prisoners obligating them to avoid double celling. The prisoners had sought, …
Article • August 15, 1992 • from PLN August, 1992
Filed under: Crime/Demographics, Crime
Washington's DOC Boss Talks That Talk. Can He Walk That Walk? by Amonth or so ago Chase Riveland, the Washington state's chief corrections officer, went to Washington, D.C. for what he thought would be a dialogue, an exchange of ideas about crime and punishment. Instead he got a U.S. Justice …
Article • August 15, 1992 • from PLN August, 1992
Lompoc Prison Strike by Immediately following the Los Angeles uprising, prisoners at FCI (Federal Correctional Institution) Lompoc, North of LA, joined in a prison wide general strike for 3 days. Prison officials were greatly threatened by the unity of the prisoners: hundreds of men were put in the hole and …
Article • August 15, 1992 • from PLN August, 1992
Three Strikes, You're Out by Ed Mead By Ed Mead Those short sighted anti-crime proponents in Washington state are at it again. This time the conservatives are circulating a citizen's initiative, The Persistent Offender Accountability Act (Initiative 590) that would provide two major changes to punishment: mandatory life in prison …
Article • August 15, 1992 • from PLN August, 1992
Adverse Change in Board Rules is Ex Post Facto by Adverse Change In Board Rules Is Ex Post Facto The Oregon Court of Appeals has reaffirmed its holding that application of parole board rules not in effect when a prison committed his crime, and which had the effect of potentially …
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