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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
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 …
Contempt Order Appropriate for Consent Decree Violation by Contempt Order Appropriate For Consent Decree Violation In 1978 San Francisco jail prisoners filed suit over jail conditions. In 1982 the parties entered into a consent decree that included a limit on the number of prisoners that could be housed in the …
Parolees Have a Right to Bodily Privacy by Parolees Have A Right To Bodily Privacy Afemale parolee in California was ordered to provide a urine sample for drug testing by a male parole officer. While she was in a bathroom stall providing the sample, the male parole officer entered the …
Article • November 15, 1992 • from PLN November, 1992
Federal Prisoners Must Exhaust Habeas Before Filing Suit by Federal Prisoners must Exhaust Habeas Before Filing Suit Amilcar Marchetti is a federal prisoner who filed a Bivens civil rights suit against various state and federal law enforcement agencies and officials. He complained that his civil rights were violated by the …
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
Supreme Court Defines "Frivolous" Lawsuits by The U.S. Supreme Court further defined when federal judges can dismiss as "frivolous" certain lawsuits brought by convicts and others who cannot afford to pay normal court costs. The court, in a 7-2 ruling, said it is largely up to a federal judge to …
Article • August 15, 1992 • from PLN August, 1992
High Court to Decide if Convict Group is "Person" for IFP Status by High Court To Decide If Convict Group Is "Person" For IFP Status A prisoners' association, elected by the general prison population, filed a federal civil rights suit under 42 U.S.C. § 1983 against prison authorities, alleging violations …
Article • July 15, 1992 • from PLN July, 1992
Supreme Court Chides Ninth Circuit on Delays in Harris Execution by California's execution of Robert Alton Harris - the state's first execution in 25 years - has highlighted tension between the U.S. Supreme Court and the Ninth Circuit U.S. Court of Appeals over the death penalty appeals process. Judges on …
Pelican Bay Conditions Suit Filed by The Pelican Bay Information Project (PBIP) is an independent citizens' group that has formed in response to the complaints of prisoners. The group is composed of prison visitors, writers, ex-prisoners, lawyers and human rights advocates. Since Pelican Bay's 1250 cell Security Housing Unit (SHU) …
Pregnant Con Miscarries After Taser Attack by Afemale parole violator was told to submit to a strip search, but refused, noting five male officers were present right outside the cell. She stated that she would allow the strip search if she were taken to another cell, outside the view of …
Article • February 15, 1992 • from PLN February, 1992
The Capacity of Prison Overcrowding by Wm Daniel Ravenscroft The Capacity Of Prison Overcrowding By Wm. Daniel M. Ravenscroft, Attorney At Law A major difficulty in describing the extent of prison overcrowding is that there is no general agreement as to the definition of the "capacity' of overcrowded institutions. To …
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 • November 15, 1991 • from PLN November, 1991
Due Process Distinguished by A mobile home park owner sued the city of Rocklin, California, over a rent control ordinance claiming it was taking his property without just compensation or due process. The District Court dismissed the complaint. The Ninth Circuit Court of Appeals reversed and remanded the case back …
Article • November 15, 1991 • from PLN November, 1991
Pelican Bay News by Hello from Pelican Bay State Prison - SHU. I have some legal news. The following prisoners, Bwana Millon, James X. Williamson, Thomas Fetters, and Nicholas X. Delamat have joined in a writ of mandamus petition in state superior court, county of Del Norte (case no. 91-141-X). …
Unlawful Orders Cannot Be Enforced With Violence by A female California state prisoner was ordered to submit to a strip search by male prison guards. She refused to be strip searched and was Tasered. She filed suit under the Fourth, Eighth and Fourteenth amendments. The District Court applied an Eighth …
Article • September 15, 1991 • from PLN September, 1991
Resistance at Pelican Bay Gulag by Resistance At Pelican Bay Gulag Greetings from the Control Unit in California's Pelican Bay state prison. I am litigating a civil rights act lawsuit 42 U.S.C. sec. 1983, due to being forcibly double celled here. The case is Fetters v. Marshall, N.D. Cal. Case …
Article • August 15, 1991 • from PLN August, 1991
California Prison Construction by Ruth Cashmere Ruth Cashmere Recently studies have shown that the United States has the world's highest incarceration rate. The United States has 426 prisoners per 100,000 population. Over the past 10 years, the state of California has experienced the greatest increase in state prison population surpassing …
Article • August 15, 1991 • from PLN August, 1991
Be a Rat or Else! by Be A Rat Or Else! This all started back in November 1986, a couple of weeks after the decision in Toussaint v. McCarthy 801 F.2d 1080 (9 Cir. 1986) [prisoners can be placed on administrative segregation status for little or no reason]. Myself and …
Pro Se Litigants Entitled to Litigation Costs by Pro Se Litigants Entitled To Litigation Costs Benton Burt was a pretrial detainee in San Francisco who filed suit under 42 USC, §1983 in federal court claiming he was confined under illegal and unconstitutional conditions. At a bench trial Burt won his …
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