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Article • December 15, 1995 • from PLN December, 1995
Denial of Toilet Unconstitutional by A district court in Texas has held that placing a jail detainee in a cell with an inoperable sink and toilet and barely functioning shower and denial of hygiene materials violates the eighth amendment. Isiah Sanford was a detainee in the Ector County Jail in …
Detainees May Be Disciplined by The court of appeals for the first circuit has reversed a district court ruling that pretrial detainees may not, consistent with the constitution, be punished for misconduct in the jail. In the Dec. '94 issue of PLN we reported Collazo Leon v. US Bureau of …
Article • December 15, 1995 • from PLN December, 1995
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 …
Article • December 15, 1995 • from PLN December, 1995
Sending State Responsible for Legal Materials by The ninth circuit has agreed with other circuits, holding that when a state prisoner is transferred to another state, the sender is responsible for ensuring the prisoners' access to the courts. James Boyd is a Kansas state prisoner who was transferred to the …
RFRA TRO Granted by A federal district court in Arizona granted a Temporary Restraining Order (TRO) to an Arizona state prisoner who filed suit seeking relief for violation of his religious rights to a Kosher diet, to long hair, a colored head covering and to maintain a vow of poverty. …
South Korean Political Prisoners Protest by In early August, 1995, hundreds of political prisoners began a hunger strike to demand their freedom and the end of national security laws that prohibit contact with people in North Korea. The government denied the strike was taking place and stated that anyone taking …
Article • December 15, 1995 • from PLN December, 1995
HIV/AIDS in Prison and Jail by The Department of Justice has released its latest statistics on the prevalence of HIV/AIDS in prison and jail facilities for 1993. As of that year 21,538 out of the 880,101 prisoners in state and federal prisons, 2.4% of the total, were known to be …
Article • December 15, 1995 • from PLN December, 1995
Court Access May Require Counsel by The court of appeals for the ninth circuit has affirmed a lower court ruling holding that the right of court access requires either access to law libraries or the assistance of counsel only through the pleadings stage of civil rights complaints or habeas corpus …
Contract Physicians Entitled to Qualified Immunity by The court of appeals for the seventh circuit has held that physicians hired by a prison to provide medical care are entitled to qualified immunity when sued by prisoners. As more and more prison systems attempt to cut medical care costs by contracting …
RFRA Analyzed and Applied in 10th Circuit by The court of appeals for the tenth circuit has issued its first ruling analyzing the Religious Freedom Restoration Act (RFRA), 42 U.S.C. § 2000bb-1, holding that it may well require prison officials to provide Native American prisoners with sweat lodge facilities. Robert …
Ohio Mental Health Decree Entered by A far reaching consent decree governing the delivery of mental health care to Ohio prisoners was entered on 10 July 1995. The consent decree resulted from a §1983 suit filed in 1993 and certified as a class action on June 7, 1995. The prisoner …
TRO Granted in Alaska Sex Offender Registration by Since 1990, when Washington state passed the Community Protection Act (CPA), many states have followed suit and copied its provisions. The Washington CPA is one of the most draconian laws of its type in the country concerning the registration and civil commitment …
Open Prison Barracks Unsafe by In the past fifteen years of massive prison expansion many prison systems have opted to build open dormitory type prison barracks because they are substantially cheaper to build than conventional cell blocks. There are inherent shortcomings in this type of prison design. The Connecticut DOC …
Iowa Crime Legislation by Michael Brant The 1995 Iowa legislature passed a new wave of bills that affect many Iowa prisoners and ex-prisoners. Among these new laws are: The refusal of the county treasurer to renew vehicle registrations if the person has unpaid delinquent restitution; the inmate hard labor law …
Article • December 15, 1995 • from PLN December, 1995
Filed under: Classification
WI Court Upholds DOC Classification Policy by A Wisconsin state appeals court has upheld DOC rules which establish minimum periods that lifers are required to serve in maximum security prisons. The DOC rules assign each lifer to one of four security classifications, based on the prisoner's conviction, criminal history and …
Article • December 15, 1995 • from PLN December, 1995
Washington Translation Suit Settled by Paul Wright On January 23, 1995, Judge William Dwyer, US District Court in Seattle, accepted a stipulated motion in Lopez v. Riveland, Case No. C93-1030WD, a wide ranging lawsuit which challenged the almost complete lack of translation facilities for non- English speaking prisoners in the …
Job Discrimination States Claim by While prisoners have no right to a job or work assignment they may not be discriminated against on the basis of their race. Lawrence Quinn, a white Pennsylvania state prisoner, applied for the position of clerk in a prison shoe plant. The plant foreman told …
Article • December 15, 1995 • from PLN December, 1995
Florida Repeal of Earned Time Law Upheld by In 1988 the Florida state legislature enacted Fla.Stat. § 944.277 (1988) which extended the amount of gain-time awarded to prisoners. This was one of several statutes enacted by the Florida legislature in order to maintain the Florida prison population within the limits …
No Change in Michigan Consent Decrees by For almost 20 years Michigan state prisoners have been embroiled in class action prison litigation designed to ensure constitutional conditions within the Michigan prison system. Despite entry of consent decrees, the Michigan DOC has constantly sought to terminate their legal obligations imposed under …
Article • December 15, 1995 • from PLN December, 1995
Opening Legal Mail Violates Access to Courts by The court of appeals for the third circuit has held that opening a prisoner's legal mail outside his presence violates his right of access to the courts. The court also held that this right is well established so that prison officials who …
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