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Pro Se Tips and Tactics

Article • September 15, 1996 • from PLN September, 1996

Filed under: Judicial Misconduct, Prosecutor/Attorney General Misconduct, Hearing Officers, Injunctions, Parole, Immunity/Liability, Qualified Immunity, Judicial Immunity, Prosecutorial Immunity, Legislative Immunity, Parole Liability

Pro Se Tips and Tactics by John Midgley In the June issue of PLN, I discussed the defense of so-called "qualified immunity" that is available to public officers and employees sued under 42 U.S.C. § 1983. This companion column discusses the other kind of immunity you may run into, so-called …

Elizabeth Alexander Named Director of ACLU National Prison Project

Article • September 15, 1996 • from PLN September, 1996

Filed under: Court Access

Elizabeth Alexander Named Director of ACLU National Prison Project by The American Civil Liberties Union has announced that Elizabeth Alexander was appointed director of its National Prison Project, which has been in the forefront of the battle for prisoners' rights for 25 years. She succeeds Alvin J. Bronstein, who had …

Job Denial Based on HIV Status May Violate ADA

Article • September 15, 1996 • from PLN September, 1996

Filed under: Work, Prison Labor, HIV/AIDS, Americans with Disabilities Act, Rehabilitation Act

Job Denial Based on HIV Status May Violate ADA by A federal district court in Florida held that a jail's denial of trustee status to an HIV+ prisoner would violate the Americans with Disabilities Act (ADA) 42 U.S.C. 12131. Johnnie Dean was held in the St. Lucie County jail when …

Florida Utilities Commission Refunds Phone Kickbacks

Article • September 15, 1996 • from PLN September, 1996

Filed under: Misconduct/Corruption, Contractor Misconduct, Telephone Rates

Florida Utilities Commission Refunds Phone Kickbacks by The June, 1996, issue of PLN reported that the contract to provide phone services to Florida state prisoners was awarded without competitive bidding in circumstances strongly suggesting corruption. Since 1987 Florida prisoners have been allowed to make collect calls to friends and families, …

IMU Placement Implicates Due Process

Article • September 15, 1996 • from PLN September, 1996

Filed under: Liberty Interests, Conditions of Confinement, Food, Ventilation, Exercise, Hygiene Supplies, Reading Materials, Lighting, Noise, Injunctions, Qualified Immunity, Publications/Books, Mail Regulations, Legal Mail, Ad-Seg Hearings

IMU Placement Implicates Due Process by The court of appeals for the ninth circuit held that an Oregon prisoner's transfer to an Intensive Management Unit (IMU) control unit may violate due process if done without procedural due process. The court also held that several control unit conditions stated a claim …

Iowa State Court Rules on Forfeiture

Article • September 15, 1996 • from PLN September, 1996

Filed under: Money/Property, Forfeiture

Iowa State Court Rules on Forfeiture by Michael Brant The Iowa supreme court recently ruled that civil forfeiture of cash proceeds from illegal drug sales was not punishment for double jeopardy application, reversing the district court's decision that dismissed the state prosecution of a drug charge, since it occurred after …

From the Home Front

Article • September 15, 1996 • from PLN September, 1996

Filed under: Crime/Demographics, Crime

From the Home Front by Kate I've been receiving PLN for a year now. I appreciate your work on behalf of prisoners and for the cause of truth telling in our society. PLN is a righteous satisfaction to read. Your editorials are especially excellently written, intelligent, articulate, radical and sane. …

Armed Guards in Illinois

Article • September 15, 1996 • from PLN September, 1996

Filed under: Excessive Force, Shootings

Armed Guards in Illinois by J.M. In the article entitled No Specific Intent Required for 8th Amendment Claim [PLN Vol. 7 No. 3], you stated that to the best of [your] knowledge, Nevada and California are the only prisons which station armed guards within their housing units. Please be advised …

The Price of Freedom

Article • September 15, 1996 • from PLN September, 1996

Filed under: Sentencing, Probation, Seizure of Prisoner Funds

The Price of Freedom by B.E. The Vermont DOC and its planning director Mr. John Perry, have developed a plan for charging all probationers, those under house arrest or on parole, and those who are under conditions of release of one form or another, to pay the Vermont DOC $30 …

Un-Happy Meals in Kansas

Article • September 15, 1996 • from PLN September, 1996

Filed under: Private Prisons, Food/Commissary (Private Prisons), Food

Un-Happy Meals in Kansas by G.C. On May 19, 1996, the Kansas DOC turned over the kitchens of all the prisons to Canteen Correctional Services (CCS), a private for-profit contractor. It is worth noting that despite the contract to feed the prisoners, prisoner labor is still required, and the prisoner …

A Matter of Fact

Article • September 15, 1996 • from PLN September, 1996

Filed under: Crime/Demographics, Statistics/Trends

A Matter of Fact by The racial makeup of California prisoners is: 29% white, 33% black and 34% brown. But in California's supermax, Pelican Bay SHU, 14% are white, 17% are black and an astounding 60% are brown. In California's other SHU for male prisoners at Corcoran, 18% are white, …

Thanks from Thailand

Article • September 15, 1996 • from PLN September, 1996

Filed under: International, Prisoners-International

Thanks from Thailand by Jackie Sample Dear PLN Readers -- It's been over a year since we wrote. We received many thoughtful and kind responses from PLN readers--and we have wonderful news to share with you. Because of everyone's efforts on behalf of Americans incarcerated in Bangkok, the one kilo …

Phone Activist Seeks Info

Article • September 15, 1996 • from PLN September, 1996

Filed under: Telephones, Telephone Rates

Phone Activist Seeks Info by In late 1994 I asked you to publish a request for information regarding prisoners whose friends and families have had to pay for collect calls which the prisoners didn't make. I received several replies, and ended up maintaining correspondence with one prisoner. With his help …

CBCC Struggle Ongoing

Article • September 15, 1996 • from PLN September, 1996

Filed under: Organizing, Prison Rebellion, Work Strikes

CBCC Struggle Ongoing by You printed "CBCC Prisoners Struggle" [in the Jan '96 PLN]. Well, prison authorities didn't like that too much. It was photocopied and passed around. It was hanging in every pod in close-custody, and the [guards] here were going around tearing it down, calling it unauthorized. Here's …

Challenging Evil That Ills This Society

Article • September 15, 1996 • from PLN September, 1996

Filed under: Organizing, Prison Rebellion, Work Strikes, Systemic Medical Neglect, Overcrowding, Guard Brutality/Beatings, Good Time

Challenging Evil That Ills This Society by Ed Kinane The September 1995 New York State Prison Strike [The following is reprinted from Peace Newsletter, 3/96.] Musaa has served 13 years of a 20 year sentence in the NYS penal system. He has earned three degrees with an emphasis on political …

News in Brief

Article • September 15, 1996 • from PLN September, 1996

Filed under: News, News in Brief

News in Brief by AL: On May 15, 1996, chain gang prisoner Abraham McCord was shot and killed by guards after he allegedly attacked another prisoner with a bush axe and disregarded a warning shot. AR: The Arkansas Democrat Gazette reports that prisoners doing time in the Cross county jail …

Limited Interlocutory Appeals in Medical Cases

Article • September 15, 1996 • from PLN September, 1996

Filed under: Cardiovascular, Transplants, Civil Procedure, Appeals, Expert Witnesses, Qualified Immunity

Limited Interlocutory Appeals in Medical Cases by The court of appeals for the eighth circuit held that the law is clearly established that a heart transplant patient is entitled to reasonable medical care. Whether he actually received that care was a factual question it lacked jurisdiction to answer. In 1985 …

From the Editor

Article • September 15, 1996 • from PLN September, 1996

Filed under: Commentary/Reviews, Eulogies, Editorials

From the Editor by Paul Wright By now you should have noticed that we have a new mailing address and new subscription rates. While all mail sent to our Florida address will be processed for the next few months you will get faster results by sending all correspondence, donations, etc., …

Departing Visitor Cannot Be Searched -- Strip Search Okay

Article • August 15, 1996 • from PLN August, 1996

Filed under: Strip Searches, Visitor Searches, Body Cavity Searches, Vehicle Searches, Crime/Demographics, Informants, Qualified Immunity

Departing Visitor Cannot Be Searched -- Strip Search Okay by In the February, 1995, issue of PLN we reported Spear v. Sowders, 33 F.3d 576 (6th Cir. 1994) in which the court of appeals for the sixth circuit held that both the strip search and the car search of a …

New Washington Prison Needs Major Repairs

Article • August 15, 1996 • from PLN August, 1996

Filed under: Contractor Misconduct, Conditions of Confinement, Plumbing, Shelter

New Washington Prison Needs Major Repairs by Washington's newest prison, Airway Heights Corrections Center (AHCC), constructed in 1993 at a cost of $113 million, was originally slated to open in November, 1993, but the Washington DOC decided to delay opening the prison for nearly a year in order to save …