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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 …
Article • March 15, 1996 • from PLN March, 1996
Texas Guard Gets Probation for Killing Prisoner by In the September '95 issue of PLN we reported the manslaughter conviction of Joel Lambright, Jr. He was the first Texas prison guard in history to be convicted of killing a prisoner. He was sentenced to serve a two to ten year …
The Cost of Litigation by Arizona Reader by an Arizona Reader In an era of prison bashing the focus on "frivolous lawsuits" rests fundamentally on those filed by prisoners. The question, "Why are the lawsuits necessary?", has yet to be asked, or answered. The turn-of-the-coin may, in a small but …
Prisoner ADA Suit Wins at Trial by John Emry by John Emry, Attorney at Law Below is a report of a trial and recent retrial [ Cleo Love v. Westville Correctional Center, USDC, Northern District, South Bend Division, Indiana; 3:94CV0371RM] which had interesting results: Plaintiff, a quadriplegic confined to a …
Article • March 15, 1996 • from PLN March, 1996
Clippings Suit Set for Trial by The court of appeals for the second circuit held that whether a New York DOCS policy prohibiting prisoners from receiving newspaper clippings furthered a penological interest was doubtful and needed to be resolved at trial. Jimmie Allen filed suit against various prison officials after …
Private Prisons Get Qualified Immunity by As the number of privately run, for profit, prisons grows, so too will litigation involving them. There is little case law involving private prisons. In this case a federal district court held that employees of a prison (run by the Wackenhut Corporation) in Louisiana …
Article • March 15, 1996 • from PLN March, 1996
Soledad Brother by Reviewed by Schulte, Elizabeth Review by Elizabeth Schulte This is a particularly relevant time to reissue Soledad Brother: The Prison Letters of George Jackson. This collection of letters that prisoner and activist George Jackson wrote from 1964 to 1970 speaks strongly of the brutality in the U.S. …
Interlocutory Appeals Discussed by The eighth circuit court of appeals has distinguished recent supreme court decisions as to when interlocutory appeals can be heard by appeal courts. Gerry Reece, a Missouri state prisoner, was in protective custody due to being a DEA informant and a snitch in a murder trial. …
Article • March 15, 1996 • from PLN March, 1996
Filed under: News, News in Brief
News in Brief by Seychelles : This island nation in the Indian ocean has announced that for $10 million it will provide citizenship and a guarantee that persons taking advantage of this offer won't be extradited to any other country on criminal charges. The law states that $10 million buys …
Article • March 15, 1996 • from PLN March, 1996
Filed under: Editorials, Organizing
From the Editor by Paul Wright In my October editorial I asked readers what they would like to see more of in PLN as well as any suggestions on how we could improve our content. One of the respondents, Richard Barker, said he would like to see more case law. …
Brief • March 13, 1996
Filed under: Injury -- Misc.
Dickerson v. Peterson, WA, Complaint, Eye Injury, 1996 C'T#T'c---,,,,.:.. k.": ',';-Iv;' ( .:J - C.~ R:S~ "·"~~·"·::-·'~~,:T - "-, ,96 PlRR 13 PPl 1 51 2 3 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT TACOMA 4 5 CHARLES W. DICKERSON, ) ) Plaintiff, 6 …
Publication • March 1, 1996
Filed under: Prison Life Magazine
Prison Life March-April 1996 SUSAN 5ARANDON ON DEAD MAN WALKING 1-,. l, I- I 1\ l. t, r .. I • _cv • "One of the finest achievements of prison literature, and, indeed, of that much larger body of literature about criminals." - H. Bruce Franklin Prison Literature in America …
Brief • February 22, 1996
Filed under: HIV/AIDS, Overcrowding
Bartkus v. Manson, CT, Settlement Agreement, Prison Overcrowding and AIDS Case, 1996 J3CM rr-.Ol I Bartkus v. Commissioner of Correction illllllll UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT IN RE PRISON OVERCROWDTNG AND AIDS CASES Consolidated Case No. H-80-b06 RICHARD BARTKUS v. COMMISSIONER OF CORRECTION : CIVIL NO. H-80-506 (RNC) …
Article • February 15, 1996 • from PLN February, 1996
BOP Multiple Cell May Violate Constitution by Afederal district court in New York has held that providing prisoners with 29 square feet of living space, per prisoner, in a multiple person cell may violate the constitution's ban on cruel and unusual punishment. Andrew Karacsonyi, a federal prisoner, filed suit because …
Article • February 15, 1996 • from PLN February, 1996
It's About Time: Americas Imprisonment Binge by Linda Wilson It's About Time: America's Imprisonment Binge, by John Irwin and James Austin, Wadsorth Publishing Co. (1994), provides an excellent critical analysis of the American prison system and makes a very strong case against America's excessive reliance on the use of imprisonment …
Article • February 15, 1996 • from PLN February, 1996
Alaska Overcrowding Fines Increase by In the November 1995, issue of PLN we reported on prison overcrowding in Alaska. In 1981 Alaska prisoners filed a class action suit challenging overcrowding and conditions in the prison system. The prisoners won most of the suit, the key aspect was a court ordered …
Article • February 15, 1996 • from PLN February, 1996
Kidnapping and Extortion, Texas Style by Dan Pens In the dead of the night, they come to your cell. You wake up with a flashlight shining in your face. You hear the rattle of chains. "Roll 'em up, boy... you're goin' for a ride.' The next day you get a …
Article • February 15, 1996 • from PLN February, 1996
How the Florida DOC Circumvents Prisoners' Rights to Meaningful Access to the Courts by Van Poyck, William by William Van Poyck and Enrique J. Diaz Although prisoners' constitutional right to meaningful access to the courts has been clearly established for almost three decades, the Florida DOC continues to evade and …
Jury Awards $39,000 in Texas Scalding by On September 21, 1995, a federal jury in Houston awarded Texas state prisoner Roland Rudd $39,000 in damages against prison guards Robert Bergeron and Leonardo Herrera. The jury found that the Bergeron splashed a pitcher of hot coffee on Rudd's face and refused …
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