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Article • March 15, 1996 • from PLN March, 1996
Texas Medical Charge May Violate Due Process by Afederal district court in Texas has held that a prisoner's claim that he was wrongly charged for medical services should proceed to trial. Creighton Delverne is a convicted state prisoner who was awaiting transport to the state's prison system but was backlogged …
Article • March 15, 1996 • from PLN March, 1996
Filed under: Reviews, Resources, Organizing
Legal Materials Available by The Prisoners Self Help Legal Clinic (PSHLC) in New Jersey is a volunteer project of the ACLU and is made up of attorneys, former prisoner paralegals, law students, civil rights advocates and other members of the community who assist pro se prisoner litigants. The PSHLC's concept …
Article • March 15, 1996 • from PLN March, 1996
Transexuals Entitled to Treatment by The court of appeals for the tenth circuit has held that transsexual prisoners state a cause of action under the eighth amendment when they are not provided with any medical treatment by prison officials. The court also held that parties must be given notice when …
Qualified Immunity for ADA Suit by The court of appeals for the fourth circuit ruled that Virginia prison officials were entitled to qualified immunity from an obese prisoner's suit filed under the Americans with Disabilities Act (ADA) and the Rehabilitation Act (RA). The court went into extensive detail discussing the …
Case Updates by Women Prisoners : In the November, 1995, edition of PLN we reported the appeal court's decision in Pargo v. Elliot , 49 F.3d 1355 (8th Cir. 1995) in which the appeals court reversed and remanded the case for the lower court to determine whether women prisoners in …
Article • March 15, 1996 • from PLN March, 1996
Fact Disputes Not Immediately Appealable by The court of appeals for the eighth circuit has ruled that it lacks jurisdiction to hear interlocutory appeals by prison officials challenging the sufficiency of the evidence against them. Milton Sanders, a Missouri state prisoner, filed suit claiming his eighth amendment rights were violated …
Article • March 15, 1996 • from PLN March, 1996
Filed under: International, Immigration
Washington State Sues Over Aliens by The state of Washington filed suit in federal district court on November 22, 1995. The suit seeks an injunction which would force the federal government to take all of Washington's 760 illegal alien prisoners (about 7% of the state's prison population) and house them …
Article • March 15, 1996 • from PLN March, 1996
GCI Corruption Continues by In the September '94 and June '95 issues of PLN we reported the ongoing probes into corruption at Glades Correctional Institute (GCI), a medium security prison located near West Palm Beach Florida. In Turner v. LaMarca , 995 F.2d 1526 (11th Cir. 1993), a federal court …
Muslims Granted TRO by Afederal court in New York granted a Temporary Restraining Order (TRO) to Sufi Muslim prisoners which prevented the New York DOCS from implementing a policy banning the display of black Dhikr beads and banning possession of beads colored anything but black. The New York anti bead …
Guard's Rectal Search States Claim by Afederal district court in New York has ruled that use of a chokehold on an unresisting prisoner in order for guards, rather than medical personnel, to perform a digital rectal search states a claim to be resolved at trial. Narcissus Dellamore, a New York …
Article • March 15, 1996 • from PLN March, 1996
Atlanta Jail Official Arrested by Asenior Atlanta City Jail official was suspended from her job after being arrested on federal charges of attempting to hire a hit man to kill her boyfriend (the father of her young son), and the boyfriend's wife. Rosetta Lee Soares, deputy director of Atlanta's Department …
Article • March 15, 1996 • from PLN March, 1996
Florida Chain Gangs by In November, 1995, Florida became the third state, after Alabama and Arizona, to institute prison chain gangs. The prisoners work in 20-man crews, supervised by three gun toting guards. Prisoners are assigned to serve on the chain gang as punishment for disciplinary infractions. The prisoners wear …
Article • March 15, 1996 • from PLN March, 1996
Law on Retaliation Clearly Established in 2nd Circuit by The court of appeals for the second circuit ruled that in 1990 the law in that circuit forbidding retaliation against prisoners who file grievances was clearly established and prison officials were not entitled to qualified immunity from money damages. The court …
No Specific Intent Required for 8th Amendment Claim by The ninth circuit has held that for prison guards to violate the eighth amendment's ban on excessive force they need only have an intent to cause harm and do not need an intent to harm a specific, individual prisoner. This right …
Article • March 15, 1996 • from PLN March, 1996
Filed under: Resources, Organizing
National Convocation May 18-22 by The 1996 National Convocation of Jail and Prison Ministry will be held May 18-22, 1996 at the National 4-H Center, 7100 Connecticut Avenue, Chevy Chase, Maryland. The theme of this year's gathering is "Fear and Violence in America: Building Bridges in a Prison Society." Keynote …
Article • March 15, 1996 • from PLN March, 1996
Filed under: Money/Property, Forfeiture
US Supreme Court Grants Review in Forfeiture Cases by On January 12, 1996, the US supreme court granted certiori and agreed to rule on a trilogy of forfeiture cases. The cases are: Degen v. U.S ., Case No. 95-173, which involves the question of whether a foreign property owner waives …
Article • March 15, 1996 • from PLN March, 1996
Forced Labor for Arizona Death Row Prisoners by On November 22, 1995, a memo was distributed to Arizona's 119 death row prisoners. The memo relays an order issued by DOC chief Sam Lewis. It states in part: "Arizona Revised Statute 31-151 gives the Director of Corrections authority to require that …
Prison Officials Can't Moot Law Library Suit by Transfer by The court of appeals for the ninth circuit has ruled that prison officials cannot moot a court's order for injunctive relief by transferring the prisoner plaintiff to another prison. It also held that issues not raised in parties' opening appeal …
Exposure to Fumes Violates 8th Amendment by The court of appeals for the ninth circuit has held that it violates the eighth amendment to expose a prisoner to noxious fumes while he is locked in his cell. The court also discussed the application of qualified immunity in such cases. Steven …
Article • March 15, 1996 • from PLN March, 1996
Lying Pathologist Imprisoned by For more than ten years, Ralph Erdmann was a busy West Texas forensic pathologist. He worked in over 40 counties, billing Lubbock County alone $140,000 for over 400 autopsies in one year. Many of Erdmann's autopsy reports were presented as evidence in criminal trials, some of …
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