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Article • January 15, 1992 • from PLN January, 1992
IMU's and Controlled Feeding at CBCC by IMU'S and Controlled Feeding At CBCC As part of the continuing trend across the U.S. to open control units the Clallam Bay Corrections Center in Washington state has opened an Intensive Management Unit (IMU). Currently prisons at Shelton, Wa. and Walla Walla, Wa., …
Article • January 15, 1992 • from PLN January, 1992
HIV-Positive Cons Win Partial Victory by In a significant victory for prisoners who have been tested positive for the Human Immunodeficiency Virus (HIV), the virus that causes AIDS, the U.S. Court of Appeals for the Eleventh Circuit reversed a lower court order in a case that had challenged the prisoners' …
Article • January 15, 1992 • from PLN January, 1992
Politicians Exploit Death Penalty by State-level lawmakers are using proposed death penalty legislation for political purposes rather than to deter crime, said the National Coalition to Abolish the Death Penalty on October 9, 1991. The group released its annual survey of state legislation on the volatile issue, finding 183 bills …
Article • January 15, 1992 • from PLN January, 1992
Police Chief Faces Conspiracy Count by Cross City, FL (11/91) - Charges of conspiracy to commit perjury have been lodged against the Cross City police chief and a state correctional officer who are accused of arranging for a man to impersonate an inmate during hearings of prison brutality charges. The …
Racial Discrimination in Prison Challenged by Racial Discrimination In Prison Challenged New York's Elmira Correctional Facility is plagued by racism toward prisoners in the areas of job placement, housing assignments, and discipline, the U.S. District Court for the Western District of New York held. Relying on both anecdotal and statistical …
Article • January 15, 1992 • from PLN January, 1992
Incarceration Rate Grows in First Half of 1991 by Incarceration Rate Grows In First Half Of 1991 The nation's state and federal prison population grew by 30,149 inmates, just under four percent, during the first half of1991 to reach a record 804,524 men and women as of June 30, the …
Article • January 15, 1992 • from PLN January, 1992
Federal Prisoner Gets Medical Records by A federal prisoner filed a request for his medical records under the U.S. Privacy Act, 5 U.S.C. 552a. The Bureau of Prisons (BOP), released 56 pages of the prisoner's medical file, but withheld the remaining 66 pages of files, which contained the evaluations and …
Article • January 15, 1992 • from PLN January, 1992
Election Year Demagoguery by Paul Wright Washington State attorney general Ken Eikenberry has announced that he will be running for the governor's office on the Republican Party ticket. Eikenberry has been attorney general since 1980 and is serving up a typical Republican economic program with regards to turning the state …
Article • January 15, 1992 • from PLN January, 1992
Prison Population Up, Escapes Down by According to a poll conducted by Corrections Compendium magazine, there were fewer escapes in 1990 than in 1989. In 1989, there were 7,816 escapes reported from 48 states (1.33%). In 1990, those same systems reported 7,244 escapes (1.11%) - a decrease of 572 at …
Receiving State is Agent of Sending State; Qualified Immunity Examined by Receiving State Is Agent Of Sending State; Qualified Immunity Examined An Iowa prisoner was under punitive segregation when he was transferred to the Texas prison system and released to the general population. When he was later transferred back to …
Prison's TB Response Legally Inadequate by Prisoners at a Minnesota correctional facility filed a class action lawsuit challenging the tuberculosis screening and control procedures at the prison as so inadequate that they constituted cruel and unusual punishment in violation of the eighth amendment. The trial court agreed with the inmates, …
Article • January 15, 1992 • from PLN January, 1992
U.S. Prisons Accused of Human Rights Abuses by An international human-rights group recently charged that the U.S. prison authorities are engaging in "numerous human-rights abuses" through the increasing use of " super maximum security" prisons modeled after the federal prison in Marion, Ill. Condemning what it called the "Marionization" of …
Geronimo Pratt Wins Injunction Against Future Harassment; Loses Drug Trafficking And Possession Appeal by Elmer "Geronimo" Pratt is a political prisoner convicted after an FBI COINTELPRO frame job of murdering a school teacher during an alleged robbery attempt of the victim and her husband on a Santa Monica tennis court. …
Article • January 15, 1992 • from PLN January, 1992
Non-Specific Infractions Violated Due Process by Two prisoners found guilty of participation in "violent group conduct" challenged the sufficiency of the evidence presented at their hearings to establish their guilt. The principal evidence utilized were written misconduct reports stating that all inmates present in a mess hall (numbering around 140) …
Article • January 15, 1992 • from PLN January, 1992
Editorial Comments by Ed Mead By Ed Mead Welcome to issue number one of the third volume of the Prisoners' Legal News. Paul and I are starting our third publishing year with a major trimming of the newsletter's mailing list. You should be sure to look at the address label …
Consent Decree Creates a Liberty Interest by Consent Decree Creates A Liberty Interest Stephen Rodi, a Rhode Island state prisoner filed suit under § 1983 claiming he had been put in administrative segregation without cause, notice or opportunity to be heard. The district court dismissed the complaint for failure to …
Article • December 15, 1991 • from PLN December, 1991
Monroe's Struggle Against Double Celling by Ed Mead Monroe's Struggle Against Double Celling: A Status Report By Ed Mead A flood of new rumors have been flying hot and heavy on the double celling status here at the Reformatory in Monroe. Some of these reports say there has been a …
Article • December 15, 1991 • from PLN December, 1991
Prison Law Libraries Must Keep All Books Current by One of the questions presented in this case was whether a prison law library must keep current (update) those books that they are not constitutionally required to have. The case arose when prisoners initiated litigation, pursuant to 42 U.S.C. 1983, over …
Article • December 15, 1991 • from PLN December, 1991
Guards Liable for Harassing Searches of Cell by Guards Liable For Harassing Searches Of Cell Although searches of a prisoners' cell do not violate the fourth amendment, they can be "punishment" under the eighth amendment. Searches of a prisoner's cell conducted in order to harass the prisoner in retaliation for …
Article • December 15, 1991 • from PLN December, 1991
Prison Tobacco Sales Are Not Punishment by David Steading, an Illinois state prisoner filed suit under § 1983 claiming violation of his 8th amendment rights because prison officials had failed to provide a smoke free environment for all Illinois prisoners. The district court dismissed the suit and the court of …
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