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Article • August 15, 1996 • from PLN August, 1996
Anti-Terrorism Act Terrorizes Habeas Petitioners by David Zuckerman [Editor's note: A future issue of PLN will report on the other aspects of the Counter-Terrorism bill.] Every election year, politicians compete to be "tougher on crime" than their opponents. In the last couple of decades, federal habeas corpus has generally been …
Article • August 15, 1996 • from PLN August, 1996
Filed under: Court Access, Photocopies, Costs
Photocopies Required for Court Access by A federal district court in Ohio held that a prison policy which charges prisoners 35 cents per copy and does not allow a credit system violates prisoners' right of access to the courts. Scott Giles, an Ohio state prisoner, filed suit challenging the Ohio …
Article • August 15, 1996 • from PLN August, 1996
VitaPro Update by Over the past year PLN has published several articles about events revolving around a $33.7 million contract between the Texas Department of Criminal Justice (TDCJ) and Canadian-based VitaPro Foods, Inc. Since our last report, several developments have come to light. The Austin American-Statesman reported that Montreal businessman …
Article • August 15, 1996 • from PLN August, 1996
Washington Money Seizure Suit Update by Paul Wright In the June, 1996, issue of PLN we reported that Washington prisoners at Clallam Bay had protested the implementation of a statute which will seize 35% of all funds received by prisoners from sources outside prison. In the August, 1995, issue of …
Article • August 15, 1996 • from PLN August, 1996
Discovery and Proof in Police Misconduct by Allan Parmelee Book Review Review by Allan Parmelee Litigating any issue against a police or prison official is tough based on the many loopholes built into the system for their benefit. Discovery & Proof in Police Misconduct Cases (D&PPMC) by Stephen Ryals, shows …
Article • August 15, 1996 • from PLN August, 1996
Filed under: Work, Chain Gangs, Settlements
Settlement Reached in Alabama Chain Gang Suit by A year after Alabama became the first state in the nation to revive the use of chain gangs, state officials have agreed to end the practice permanently. As this issue goes to press details are sketchy and it is unclear whether the …
Article • August 15, 1996 • from PLN August, 1996
Prison Visitor Allowed to Refuse Search by The court of appeals for the state of Maryland held that prison visitors cannot be searched once they agree to turn back from a guard booth; detention of a prison visitor requires probable cause based on a reasonable, articulable suspicion that the visitor …
New Jersey MCU Suit Settled by On December 22, 1995, the federal district court in New Jersey signed a settlement order dismissing a class action suit filed by prisoners in New Jersey's Management Control Unit (MCU). The plaintiff class in the suit was composed of all black prisoners in the …
TVs for Justice by Dan Pens According to a Tulsa newspaper, Oklahoma prisoner Bruce Hawkins filed a suit in which he claimed he was assaulted and abused by prison guards and then denied medical treatment. Federal district court judge Ralph Thompson held there was no merit to the case and …
Article • August 15, 1996 • from PLN August, 1996
5th Circuit Bars Ad Seg Claims by The court of appeals for the fifth circuit has held that in the wake of Sandin v. Connor, 115 S.Ct. 2293 (1995) administrative segregation does not constitute a deprivation of any constitutionally protected liberty interest. Rolando Pichardo is a Texas state prisoner. Prison …
$168,500 Awarded in Prisoner's Death by Gregory Stampley, 46, was convicted in 1993 of kidnapping and making terroristic threats. He was sentenced to eight years and sent to the Minnesota Correctional Facility in Stillwater. Prison doctors who examined him diagnosed paranoid schizophrenia, aggressive-personality disorder and bipolar disorder. According to court …
Guards' Smoke Violates Eighth Amendment by A federal district court in Illinois held that a guard deliberately blowing smoke into the face of a prisoner with respiratory ailments violates the eighth amendment. Clarence Walker is a 65 year old Illinois state prisoner who has emphysema, asthma and diabetes, among other …
Article • August 15, 1996 • from PLN August, 1996
Canadian Prisoners Regain Voting Rights by Michael Klug On December 27, 1995, Canadian prisoners won another round in an on-going legal battle for their fundamental right to vote in Canadian federal elections. A Canadian federal court declared unconstitutional the latest federal ban on prisoner voting. The Canadian government plans to …
Article • August 15, 1996 • from PLN August, 1996
BOP Ad Seg Rules Don't Create Liberty Interest by The court of appeals for the seventh circuit held that federal Bureau of Prison (BOP) rules do not create a liberty interest in federal prisoners not being placed in administrative segregation and once in segregation federal prisoners are not entitled to …
Article • August 15, 1996 • from PLN August, 1996
Notes from the Unrepenitentiary by Laura Whitehorn [Editor's Note: With this issue of PLN we introduce a new columnist, Laura Whitehorn, whose column will appear quarterly (February, May, August, and November). Laura is an anti-imperialist prisoner of war confined in the Federal Bureau of Prisons. When most people think of …
Canada's Prison Chief Resigns by The head of Canada's prison service resigned immediately after a report was released April 1, 1996, about the abuse of female prisoners at the Kingston Prison for Women in April of 1994. "I have come to the conclusion that a change in leadership would be …
Article • August 15, 1996 • from PLN August, 1996
Brig Fire Sparks Political Debate by Dan Pens On March 29, 1996, several "illegal aliens" allegedly used electrical wire to ignite toilet paper, sheets and mattresses at a military brig at Miramar Naval Air Station in California. The resulting fire, and especially the smoke, created havoc. Panicked prisoners began to …
Women Prisoners Win Court Access Claim by Past issues of PLN have reported the class action suit filed by women prisoners in Nebraska concerning a wide range of prison conditions. See: Klinger v. Nebraska DOC, 824 F. Supp. 1374 (D NE 1993); 31 F.3d 727 (8th Cir. 1994) and 887 …
Article • August 15, 1996 • from PLN August, 1996
Filed under: Resources, Court Access
ABA Wants Pro Se Litigation Info by The Bureau of Justice Assistance has awarded the American Bar Association a grant to develop a technical-assistance manual to limit the burdens of pro se prisoner litigation while maintaining prisoners' constitutional rights. The manual will include an assessment of the burdens which pro …
Beating Shackled Prisoners States Claim by A federal district court in Georgia held that the eighth amendment prohibits the beatings of handcuffed and shackled prisoners. Federal prison employees are not immune to state law claims of assault and battery. The case involves two federal prisoners at the US Penitentiary in …
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