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An Angry White Man
Article • February 15, 1996 • from PLN February, 1996
Filed under: Discrimination, Racial Discrimination
An Angry White Man by C L I would like you to know that I was so offended by your editorial in the November 1995 issue that I canceled my subscription. I will not support financially or in any way be associated with a publication ran by such blatantly Europhobic …
Failure to Provide Medical Treatment Unlawful
Article • February 15, 1996 • from PLN February, 1996
Filed under: Skeletal Injury, Injury -- Misc., Conditions of Confinement, Failure to Protect (General), Eighth Amendment, Appeals
Failure to Provide Medical Treatment Unlawful by The court of appeals for the fourth circuit has held that jail guards have a duty to provide medical care for injuries resulting from attacks by other prisoners. Failure to do so may subject them to eighth amendment liability. In its ruling the …
From the Editor
Article • February 15, 1996 • from PLN February, 1996
Filed under: Commentary/Reviews, Editorials
From the Editor by Dan Pens PLN has reached the point where we need at least one full time staff person on the outside. The amount of work that needs to be done is beginning to overwhelm our volunteers. The trouble with the idea that we pay someone is simple: …
Allaway v. Martin, NY, Order on Plaintiff's Motion, Guard Assault, 1996
Brief • February 9, 1996
Allaway v. Martin, NY, Order on Plaintiff's Motion, Guard Assault, 1996 COUF1 N.D.OFNY ~·v. ""01 Hll; I FILED UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK FUl ~ 91996 ~~------------------------------ C~~RLESALLAWAY, Plaintiff, vs. Corrections Officers STEPHEN MARTIN, HOWAP~ PICKMAN, SCOTT DARRAH, JAY SISKAVICH, RONALD BOYSE, and D.DuBREY; Correctional Sergeants …
Federal Prisons Erupt
Article • January 15, 1996 • from PLN January, 1996
Filed under: Racial Discrimination, Prison Rebellion, Crime/Demographics, Crime, Federal Legislation
Federal Prisons Erupt by Dan Pens At least five federal prisons erupted in violence within days after a vote in the U.S. House of Representatives to overrule a recommendation by the U.S. Sentencing Commission to end the 100 to 1 sentencing disparity between crack and powdered cocaine offenses. Information on …
CBCC Prisoners Struggle
Article • January 15, 1996 • from PLN January, 1996
Filed under: Misconduct/Corruption, DOC/BOP misconduct, Prison Rebellion
CBCC Prisoners Struggle by On September 26, 1995, some 25 prisoners in A unit of the Clallam Bay Corrections center (CBCC) attacked two guards and then attempted to barricade themselves and the guards within the 33 cell pod unit. The guards succeeded in escaping after being sprayed in the face …
Maryland Medical Co-Pay Policy Upheld
Article • January 15, 1996 • from PLN January, 1996
Filed under: Medical, Respiratory, Medical Expenses
Maryland Medical Co-Pay Policy Upheld by In the November, 1995, issue of PLN we discussed case law and litigation strategy on challenging state laws requiring prisoners to pay for medical services. As more states pass such laws we foresee more litigation on the issue. A federal district court in Maryland …
Direct Action in Ohio
Article • January 15, 1996 • from PLN January, 1996
Filed under: Organizing
Direct Action in Ohio by Ohio Prisoner by an Ohio Prisoner In January of 1992, the Federal Bureau of Prisons (BOP) announced plans to build a federal prison in Columbiana County, Ohio. They planned to take over land owned and farmed by local families for generations. Local farmers and working …
7th Circuit Clarifies "Frivolous" and Safety Standard
Article • January 15, 1996 • from PLN January, 1996
Filed under: Prisoner-Prisoner Assault, HIV/AIDS, Conditions of Confinement, Failure to Protect (General), Appointment of Counsel, Frivolous Litigation, Complaints, Discovery
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. …
Arizona Prisoners Charged for Electricity
Article • January 15, 1996 • from PLN January, 1996
Filed under: Prisoner Privileges, Seizure of Prisoner Funds, News, State Legislation
Arizona Prisoners Charged for Electricity by Dan Pens The 1995 Arizona legislature passed a law (AZ Rev. Statutes § 31-239) that requires the AZ DOC to establish a plan wherein prisoners will be charged a monthly "utility fee." The statute directs the DOC to collect a monthly fee, "not to …
Voting Rights Case Reinstated
Article • January 15, 1996 • from PLN January, 1996
Filed under: Racial Discrimination, Voting, Federal Statutory Law, Voting Rights Act
Voting Rights Case Reinstated by In the July, 1994, issue of PLN we reported Baker v. Cuomo, 842 F. Supp. 718 (SD NY 1993), where a district court in New York sua sponte dismissed a lawsuit filed by black and Hispanic prisoners under 42 U.S.C. § 1983 claiming that state …
Back on the Chain Gang
Article • January 15, 1996 • from PLN January, 1996
Filed under: Work, Chain Gangs
Back on the Chain Gang by John Stossel of ABC's 20/20 calls himself a libertarian. But rather than criticizing the reappearance of chain gangs as an assault on human liberty, Stossel promoted them on the June 9, 1995, broadcast as "reasonable punishment" and "only fair." When one Alabama prisoner pointed …
Women Prisoners Lose Discrimination Suit
Article • January 15, 1996 • from PLN January, 1996
Filed under: Gender Discrimination -- Women, Education, Federal Statutory Law, Title IX
Women Prisoners Lose Discrimination Suit by Women Prisoners Lose Discrimination Suit In the December '94 issue of PLN we reported Klinger v. Nebraska DOC , 31 F.3d 727 (8th Cir. 1994) which had reversed an earlier ruling, at 824 F. Supp. 1374 (D NE 1993), PLN . Vol. 4, No. …
Texas Anti-Litigation Law
Article • January 15, 1996 • from PLN January, 1996
Filed under: Attorneys, Attorneys General, Damages, Frivolous Litigation, Administrative Exhaustion, Filing Fees, Good Time, Seizure of Prisoner Funds, State Legislation
Texas Anti-Litigation Law by Dan Pens In its 1995 session, the Texas legislature passed a bill that amends and modifies Subchapter B, Chapter 15 of the Civil Practice and Remedies Code, purportedly to combat "frivolous or malicious litigation filed by inmates." By now PLN readers should be familiar with this …
Sexual Extortion Violates Eighth Amendment
Article • January 15, 1996 • from PLN January, 1996
Filed under: Staff-Prisoner Assault, Sexual Harassment, Staff-Prisoner Harassment, Gay/Lesbian, Snitch Jacketing, Eighth Amendment, Qualified Immunity, Municipal Liability, Failure to Train/Supervise
Sexual Extortion Violates Eighth Amendment by Afederal court in the District of Columbia held that a prisoner who was extorted for sex by a prison guard and labeled a snitch as a result states a claim for an eighth amendment violation and qualified immunity is not appropriate. Gregory Thomas is …
Failure to Prosecute Dismissal Reversed
Article • January 15, 1996 • from PLN January, 1996
Filed under: Court Access, Court Appearances, Sanctions, Interpreters
Failure to Prosecute Dismissal Reversed by The court of appeals for the second circuit has held that a district court abused its discretion in dismissing a prisoner's civil rights suit on a basis of failure to prosecute where the prisoner plaintiff allegedly refused to attend jury selection in his case. …
WADA Squeezed Out of Existence
Article • January 15, 1996 • from PLN January, 1996
Filed under: Attorneys, Public Defenders
WADA Squeezed Out of Existence by Dan Pens The Washington Appellate Defenders Association (WADA) ceased operating on July 31, 1995, because the nonprofit firm and the state could not agree to terms for a new contract. Patricia Novotny, WADA's assistant director said, "Our decision wasn't, not to re-sign [the contract], …
NBC Slanders Freedom Fighter
Article • January 15, 1996 • from PLN January, 1996
Filed under: Political Prisoners, Media
NBC Slanders Freedom Fighter by Jaan Laaman On Oct. 1, NBC's Sunday Night Movie was titled, 'In The Line Of Duty: The Hunt For Justice." It was billed as the "true story" of the decade long government hunt for a group of anti-imperialist political fugitives who, when finally captured in …
News in Brief
Article • January 15, 1996 • from PLN January, 1996
Filed under: News, News in Brief
News in Brief by IN: Al Parke, the new warden at the Indiana State Prison has solved his understaffing problems by cutting the number of required staff at the prison. He now has all slots filled simply by decreasing the number of slots. VA: On June 30, 1995, Virginia's only …
From the Editor
Article • January 15, 1996 • from PLN January, 1996
Filed under: Editorials, Prison Industries, Media, PLN Litigation, Prisoner Media
From the Editor by Paul Wright Welcome to another issue of PLN . Readers who have been with us for awhile may recall that Ed Mead and I have a suit pending against the Washington State Indeterminate Sentence Review Board (ISRB), AKA the parole board. Ed was the co-editor of …
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