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Texas Anti-Litigation Law by Dan Pens In its 1995 session, the Texas legislature passed a bill that amends and modifies Subchapter B, Chapter 15 of the Civil Practice and Remedies Code, purportedly to combat "frivolous or malicious litigation filed by inmates." By now PLN readers should be familiar with this …
Sexual Extortion Violates Eighth Amendment by Afederal court in the District of Columbia held that a prisoner who was extorted for sex by a prison guard and labeled a snitch as a result states a claim for an eighth amendment violation and qualified immunity is not appropriate. Gregory Thomas is …
Article • January 15, 1996 • from PLN January, 1996
Failure to Prosecute Dismissal Reversed by The court of appeals for the second circuit has held that a district court abused its discretion in dismissing a prisoner's civil rights suit on a basis of failure to prosecute where the prisoner plaintiff allegedly refused to attend jury selection in his case. …
Article • January 15, 1996 • from PLN January, 1996
Filed under: Attorneys, Public Defenders
WADA Squeezed Out of Existence by Dan Pens The Washington Appellate Defenders Association (WADA) ceased operating on July 31, 1995, because the nonprofit firm and the state could not agree to terms for a new contract. Patricia Novotny, WADA's assistant director said, "Our decision wasn't, not to re-sign [the contract], …
Article • January 15, 1996 • from PLN January, 1996
Filed under: Political Prisoners, Media
NBC Slanders Freedom Fighter by Jaan Laaman On Oct. 1, NBC's Sunday Night Movie was titled, 'In The Line Of Duty: The Hunt For Justice." It was billed as the "true story" of the decade long government hunt for a group of anti-imperialist political fugitives who, when finally captured in …
Article • January 15, 1996 • from PLN January, 1996
Filed under: News, News in Brief
News in Brief by IN: Al Parke, the new warden at the Indiana State Prison has solved his understaffing problems by cutting the number of required staff at the prison. He now has all slots filled simply by decreasing the number of slots. VA: On June 30, 1995, Virginia's only …
Article • January 15, 1996 • from PLN January, 1996
From the Editor by Paul Wright Welcome to another issue of PLN . Readers who have been with us for awhile may recall that Ed Mead and I have a suit pending against the Washington State Indeterminate Sentence Review Board (ISRB), AKA the parole board. Ed was the co-editor of …
Publication • January 1, 1996
Filed under: Prison Life Magazine
Prison Life January-February 1996 JANUARY-FEBRUARY 1996 Ab~ut the C~ver A prisoner shoots up in his cell. Photos and design by Chris Cozzone. FEA1'1JRES 21 Drug VJar lGl Just say " Know." What every fool should kn ow before getti ng into the drug business. 34 High $n the Range Just …
Brief • December 21, 1995
Marquiz v. Romer, CO, Opinion and Order, Violation of ADA Rights, 1995 NITEO STATES EMSTRICT C C U H . DENVER, COI n IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO DE§ gl 19Q§ r Civil Action No. 92-K-1470 (92-M-1932) AMES R. f/.-.^SPEAKEi: __^'-~ STEVEN R. MARQUIZ; …
Texas Detainee Wins Damages for Ad Seg Placement by A federal district court in Texas awarded $700 in compensatory damages to a county jail prisoner placed in administrative segregation without due process and held there for fourteen days. The court also considered the matter of prisoners' right to safety from …
Article • December 15, 1995 • from PLN December, 1995
Denial of Toilet Unconstitutional by A district court in Texas has held that placing a jail detainee in a cell with an inoperable sink and toilet and barely functioning shower and denial of hygiene materials violates the eighth amendment. Isiah Sanford was a detainee in the Ector County Jail in …
Detainees May Be Disciplined by The court of appeals for the first circuit has reversed a district court ruling that pretrial detainees may not, consistent with the constitution, be punished for misconduct in the jail. In the Dec. '94 issue of PLN we reported Collazo Leon v. US Bureau of …
Article • December 15, 1995 • from PLN December, 1995
Prisoners Entitled to Rely on Marshalls for Service by The court of appeals for the sev enth circuit has extended prior rulings and held that state prisoners are entitled to rely on the Marshalls service to serve their lawsuits on prison officials. The Marshall's failure to properly serve prison officials …
Article • December 15, 1995 • from PLN December, 1995
Sending State Responsible for Legal Materials by The ninth circuit has agreed with other circuits, holding that when a state prisoner is transferred to another state, the sender is responsible for ensuring the prisoners' access to the courts. James Boyd is a Kansas state prisoner who was transferred to the …
RFRA TRO Granted by A federal district court in Arizona granted a Temporary Restraining Order (TRO) to an Arizona state prisoner who filed suit seeking relief for violation of his religious rights to a Kosher diet, to long hair, a colored head covering and to maintain a vow of poverty. …
South Korean Political Prisoners Protest by In early August, 1995, hundreds of political prisoners began a hunger strike to demand their freedom and the end of national security laws that prohibit contact with people in North Korea. The government denied the strike was taking place and stated that anyone taking …
Article • December 15, 1995 • from PLN December, 1995
HIV/AIDS in Prison and Jail by The Department of Justice has released its latest statistics on the prevalence of HIV/AIDS in prison and jail facilities for 1993. As of that year 21,538 out of the 880,101 prisoners in state and federal prisons, 2.4% of the total, were known to be …
Article • December 15, 1995 • from PLN December, 1995
Court Access May Require Counsel by The court of appeals for the ninth circuit has affirmed a lower court ruling holding that the right of court access requires either access to law libraries or the assistance of counsel only through the pleadings stage of civil rights complaints or habeas corpus …
Contract Physicians Entitled to Qualified Immunity by The court of appeals for the seventh circuit has held that physicians hired by a prison to provide medical care are entitled to qualified immunity when sued by prisoners. As more and more prison systems attempt to cut medical care costs by contracting …
RFRA Analyzed and Applied in 10th Circuit by The court of appeals for the tenth circuit has issued its first ruling analyzing the Religious Freedom Restoration Act (RFRA), 42 U.S.C. § 2000bb-1, holding that it may well require prison officials to provide Native American prisoners with sweat lodge facilities. Robert …
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