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Article • September 15, 1995 • from PLN September, 1995
Filed under: Organizing
Ohio Prison Activist Conference by On April 29th and 30th, 1995, prison activists from around the state attended the Ohio Prison Activist Conference. The theme was "Struggling on the Outside for Those Struggling on the Inside." This conference was organized by Oberlin Action Against Prisons (OAAP) working in conjunction with …
Article • September 15, 1995 • from PLN September, 1995
How to Win Prison Disciplinary Hearings by Paul Wright Reviewed by Paul Wright In the August, 1994, issue of PLN we reviewed the first edition of How to Win Prison Disciplinary Hearings by Allan Parmelee. Now we are excited to tell you about the completed State and Federal Edition. We …
Trial Required on Clothing Claim by When prison guards apply force maliciously and sadistically, they are violating the eighth amendment and can be held liable for their actions. Courtney Wilkens is a Missouri state prisoner. Prison guards claimed Wilkens was wearing gang colors in the prison dining hall and attempted …
Article • September 15, 1995 • from PLN September, 1995
Court Formulates New "Use of Force" Standard by While pretrial detainees are imprisoned against their will and in many cases are similar in circumstance to convicted detainees they are legally innocent of any crime. This is an important distinction when it comes to detainees litigating jail conditions. PLN regularly reports …
Article • September 15, 1995 • from PLN September, 1995
Medical Care Ordered by If a prisoner sustains a serious injury they are entitled to competent medical attention. Richard Sappington is a Texas state prisoner. He injured his foot playing basketball and x-rays revealed multiple fractures in the foot. The prison hospital lacked resources to treat the injuries and his …
Article • September 15, 1995 • from PLN September, 1995
NY Prisoners Awarded Damages in Beatings by A June 4, 1992 incident at the Clinton Correctional Facility started when a prisoner standing in "rec line" waiting to be escorted to the keeplock recreation yard dropped a piece of candy on the floor. Several of his buddies started laughing and jostling …
Chain Gangs Challenged in Court by In the July, 1995, PLN, we reported that the state of Alabama had reintroduced chain gangs to its prison system on May 3, 1995. We did not give much attention to the issue because it has received enormous media coverage, most of it rather …
Law on Retaliation Well Established in 9th Cir. by In the October, 1993, issue of PLN we reported Schroeder v. McDonald, 823 F. Supp. 750 (D HI 1993) in which a Hawaii prisoner filed suit over a retaliatory transfer from a minimum to a medium security prison. The district court …
Article • September 15, 1995 • from PLN September, 1995
Economic Reality Applied to FLSA Claims by Prisoners' struggle to be paid the minimum wage for their labor has met yet another setback. Nevada statute § 209.461(1)(b) requires all state prisoners, not in segregation or with a medical excuse, to work or go to school forty hours a week. Walter …
Article • September 15, 1995 • from PLN September, 1995
No Immunity for Visitor Searches by On March 3, 1989, a Kings County Assistant DA contacted the New York DOC's Inspector General (IG) and told him that he had received information that Joseph Varrone, a New York state prisoner, was involved in drug smuggling. More specifically, the DA claimed that …
Article • September 15, 1995 • from PLN September, 1995
WA DOC Computerizes Visitor Tracking by Since 1993 the Washington state DOC has been working on a computer based program designed to track and manage people who visit prisoners. The program is called Public Access System (PAS). The hardware used includes an IBM compatible personal computer, video camera, bar code …
Guard Gets 10 Years for Beating Prisoner to Death by On May 23, 1995, Joel Lambright was sentenced to a 2 to 10 year sentence after being convicted of manslaughter for beating and kicking to death Michael McCoy, a prisoner. [See PLN Jan., 1995] Initially charged with murder, Lambright was …
Article • September 15, 1995 • from PLN September, 1995
Filed under: Reviews, Court Access
New Prisoners' Self Help Litigation Manual by Paul Wright Reviewed by Paul Wright The Prisoners' Self Help Litigation Manual (PSHLM) by Dan Manville first appeared in 1983. It was designed to give prisoners an overview of the legal system, a basic overview of what their rights are and guidance on …
Article • September 15, 1995 • from PLN September, 1995
CA Prisoners Assault Prison Office by Dan Pens On May 5, 1995, at 9:45 am, five prisoners at the Calipatria maximum security prison walked into an "A Facility" program office and stabbed a sergeant. Three other guards rushed to her aid and they too were stabbed in a brawl that …
BOP Prisoners Must Exhaust Administrative Remedies by PLN recently reported the U.S. Supreme Court decision in McCarthy v. Madigan , 503 US ___, 112 S.Ct. 1081 (1992), which held that federal prisoners did not have to exhaust administrative remedies (the grievance system) prior to filing suit in federal court. In …
Some Evidence Must Support Guilty Finding by When prison officials violate clearly defined procedural due process standards in a prison disciplinary hearing, they are not immune from § 1983 liability. Frederick Gilbert is a New York state prisoner. After 25 tape decks and 37 AC adapters were stolen from the …
Attorney Fees Awarded in MCC Suit by Past issues of PLN have reported on repression and conditions at the Maximum Control Center (MCC) in Westville, IN and the legal challenges to those conditions as well as political struggle around it. The lawsuit was settled which resulted in numerous changes being …
Detainee Entitled to Medical Care by The mere fact that a prisoner is "seen" by a doctor does not, by itself, constitute "medical care." Terry Guidry was a pretrial detainee in the Jefferson County Detention Center in Texas when he got into a fight with another prisoner. Instead of trying …
Article • September 15, 1995 • from PLN September, 1995
INS Detainees Trash Private Prison by On June 18, 1995, some 300 im migrants being held at the privately-run Esmor Immigration Detention Center in Elizabeth, New Jersey, chased out the guards, trashed the facility and held off federal, state and local law enforcement agents for nearly six hours. Police finally …
Supreme Court Rejects Govt Inter-Locutory Appeals in Civil Rights Suits by In a significant ruling the supreme court, in a unanimous opinion, has held that public officials who are sued cannot file inter-locutory appeals when a district court denies their motion for summary judgment based on the sufficiency of the …
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