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Article • February 15, 1996 • from PLN February, 1996
Attorney Fee Award Affirmed by The court of appeals for the District of Columbia has affirmed an attorney fee award for over $341,000 in a case involving prisoners beaten by prison guards. The appeals court held that it was entirely appropriate for public interest attorneys to be compensated under the …
Article • February 15, 1996 • from PLN February, 1996
New Jersey Takes Computers by Since about 1985 the New Jersey DOC has allowed prisoners to possess personally owned computers in their cells and for approved prisoner groups to have computers in their offices. On September 12, 1995, the NJ DOC announced that effective September 18, 1995, it plans to …
$7,639.20 Awarded in Retaliatory Transfer by Afederal district court in Iowa awarded $7,639.20 in compensatory and punitive damages to a prisoner who was transferred from an Iowa state prison to Arizona in retaliation for suing and filing grievances against Iowa prison officials. The plaintiff, Alfonso Sisneros, was largely successful on …
No Immunity for AIDS RA Claim by Afederal district court in New York has held that a state agency, the DOCS, did not enjoy immunity from suit under 29 U.S.C. § 794, the Rehabilitation Act (RA). Edward Timmons, a New York state prisoner, was wrongly diagnosed as having AIDS in …
Washington DOC Costs Policy Enjoined by Past issues of PLN have reported the ongoing efforts by the Washington attorney general's office to intimidate prisoners who file civil rights suits. Part of this strategy has included seeking costs against prisoners who lose such suits then taking every last penny from the …
Article • February 15, 1996 • from PLN February, 1996
U.S.P. Lewisburg Lockdown by On November 1, 1995, several prisoners created a disturbance in the mess hall. They took a case of soda pop and barricaded themselves into one of the dorms. They proceeded to construct a cannon, using a cue ball for a projectile. When the riot squad stormed …
Washington Court Access Suit Settled by Paul Wright In the April, 1994, issue of PLN we reported the filing of Scott v. Peterson which challenged numerous aspects of court access for Washington state prisoners. On October 31, 1995, most of the suit was settled and the settlement terms were effective …
Article • February 15, 1996 • from PLN February, 1996
CDC Hobby Shop Ruling Affirmed by In the February, 1995, issue of PLN we reported In Re Yakle , the habeas corpus petition granted by a California state Superior Court which held that Section 3100(a) of 15 California Code of Regulations, required the California DOC (CDC) to establish and maintain …
Fabricated Charges State Claim by The court of appeals for the second circuit has held that a prisoner alleging guards had planted contraband in his cell in retaliation for prior lawsuits had presented sufficient evidence to proceed to trial. The court also held that the federal § 1983 suit wasn't …
Article • February 15, 1996 • from PLN February, 1996
Suspect Peppers in LA by Clay Huff I was reading through a few old PLNs and ran across an article on page 11, Vol. 5, No. 10, (Oct. 1994) concerning pepper gas [spray]. In 1992 prisoners here at Angola [LA] bucked work call after one section [of prisoner workers] was …
Article • February 15, 1996 • from PLN February, 1996
Sandin Applied Retroactively by In the August, 1995, issue we discussed the supreme court's decision in Sandin v. Connor , 115 S.Ct. 2293 (1995) which held that states do not create a due process liberty interest in their regulations unless there is a "substantial" deprivation at issue. The first circuit …
Article • February 15, 1996 • from PLN February, 1996
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 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 …
Article • February 15, 1996 • from PLN February, 1996
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: …
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 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 …
Article • January 15, 1996 • from PLN January, 1996
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 …
Article • January 15, 1996 • from PLN January, 1996
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 …
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 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. …
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