Moors Settle with Indiana DOC by As a result of more than 15 years of struggle and litigation, the Moorish Science Temple and the Indiana Department of Corrections entered into a settlement agreement stemming from a suit filed by Granville Radford-Bey and Spencer Caldwell-Bey. On August 30, 1996, the Moors …
Disciplinary Finding Must Be Supported by Reliable Evidence by The court of appeals for the seventh circuit held that while only "some evidence" is required to uphold a finding of guilt in a prison disciplinary hearing, that evidence must be reliable. Michael Meeks is an Indiana state prisoner who was …
Indiana Muslim Consent Decree Vacated under PLRA by A federal district court in Indiana applied the Prison Litigation Reform Act (PLRA) to immediately terminate a consent decree judgment governing prisoners' religious rights. In 1982 prisoners at the Indiana State Prison entered into a consent decree with prison officials to settle …
Seventh Circuit Applies PLRA to Federal Prisoners by In five consolidated appeals the court of appeals for the seventh circuit applied the Prison Litigation Reform Act (PLRA) to actions brought by federal prisoners. The court held that this ruling, together with Martin v. United States, 96 F.3d 853 (7th Cir. …
Transportation Costs Can't Be Imposed on Losing Plaintiffs by The court of appeals for the seventh circuit affirmed a district court ruling holding an unsuccessful prisoner plaintiff was not liable for costs incurred in transporting him and his witnesses to trial. Bill Sampley, a PLN supporter, and Michael Holland are …
Three Strikes Applied by The court of appeals for the seventh circuit discussed the application of the Prison Litigation Reform Act's (PLRA) provision requiring full payment of filing fees after three suits have been dismissed as frivolous, malicious or failing to state a claim upon which relief can be granted. …
Evidence Required for Disciplinary Sanction, Sandin Questioned by A federal district court in Indiana refused to dismiss a prisoner's habeas corpus petition challenging his disciplinary segregation because it was not clear what constituted a deprivation sufficient to invoke due process. A hearing officer's failure to indicate the evidence relied on …
MCC Settlement Upheld by The court of appeals for the seventh circuit held that a district court properly approved a settlement agreement dismissing a prison conditions class action suit over the objections of numerous plaintiffs. In 1991 prisoners at the Maximum Control Complex (MCC) in Indiana filed suit challenging numerous …
Khalfani Trial Due to Begin by Leonard McQuay, also known as Khalfani X. Khaldun, was due to be released in 1997 from the Indiana prison system. But on December 13, 1994, Khalfani was transferred to the Maximum Control Complex in Westville, under investigation for it allegedly stabbing a prison guard …
Indiana Prisoners Not Entitled to Disciplinary Due Process by In two separate rulings a federal district court in Indiana held that a prison disciplinary hearing committee does not have to provide any form of due process when it sentences a prisoner to long terms of disciplinary segregation. Lorenzo Stone-Bey, an …
Litigants Must Be Given Writing Materials by The court of appeals for the seventh circuit has held that prisoners must be provided with writing materials in order to ensure their right of court access. Such claims are not dependent upon a showing that the underlying claim would have succeeded, only …
Prisoner ADA Suit Wins at Trial by John Emry by John Emry, Attorney at Law Below is a report of a trial and recent retrial [ Cleo Love v. Westville Correctional Center, USDC, Northern District, South Bend Division, Indiana; 3:94CV0371RM] which had interesting results: Plaintiff, a quadriplegic confined to a …
7th Circuit Clarifies "Frivolous" and Safety Standard by The court of appeals for the seventh circuit ruled that a district court must determine a suit is not only legally insufficient but that it cannot be saved by amendment before the court can dismiss the suit as frivolous under 28 U.S.C. …
Prisoners Entitled to Rely on Marshalls for Service by The court of appeals for the sev enth circuit has extended prior rulings and held that state prisoners are entitled to rely on the Marshalls service to serve their lawsuits on prison officials. The Marshall's failure to properly serve prison officials …
Charging for Medication May Violate Eighth Amendment by A federal district court in Indiana has held that requiring prisoners to pay for medication when they are able to does not violate the eighth amendment. However, prison officials' refusal to provide over the counter medication to indigent prisoners with serious medical …
IN Passes Excrement Law by Senate Enrolled Act #56, which went into effect on July 1, 1995, added a new section to the Indiana Criminal Code which makes it a crime to "knowingly or intentionally in a rude, insolent, or angry manner place blood or another body fluid or waste …
Attorney Fees Awarded in MCC Suit by Past issues of PLN have reported on repression and conditions at the Maximum Control Center (MCC) in Westville, IN and the legal challenges to those conditions as well as political struggle around it. The lawsuit was settled which resulted in numerous changes being …
Prison Worker Compensation Law No Bar to Bivens by Loren Bagola is a federal prisoner. He filed a Bivens suit against Bureau of Prisons (BOP) officials claiming that he lost his right hand when he was forced to operate prison machinery that officials knew to be unsafe. He claimed that …
IN Prisoner and Guard Executed by On December 8,1994, Gregory Resnover was executed by the state of Indiana. Governor Evan Bayh denied Resnover's request for clemency. Resnover was convicted and sentenced in 1984 for the 1980 killing of an Indianapolis police sergeant and in connection with the robbery and slaying …
S.Ct. Revokes Review by In the November, 1994, issue of PLN we reported that the Supreme Court had granted review in Rowe v. DeBruyn 1,71. 94-249. The case involved an Indiana state prisoner who was infracted and punished for defending himself against an attempted rape attack. The question the supreme …
