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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. …
Article • January 15, 1996 • from PLN January, 1996
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 …
Article • January 15, 1996 • from PLN January, 1996
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 …
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 …
Article • January 15, 1996 • from PLN January, 1996
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. …
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