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Article • September 15, 1995 • from PLN September, 1995
Live From Death Row by David Gilbert by Mumia Abu-Jamal (Review by David Gilbert) "Perhaps we can shrug off and shred some of the dangerous myths laid on our minds like a second skin--such as ... the 'right[s]' to a fair trial even. They're not rights -- they're privileges of …
Article • September 15, 1995 • from PLN September, 1995
IL Change in Good Time Statute Unlawful by On December 22, 1994, the Illinois state supreme court held that an Illinois statute eliminating certain categories of prisoners from those eligible to early good conduct credit at an accelerated rate violates the state and federal constitutions when applied retroactively. The primary …
Diabetic Sues for Meals by Prisoners with medical conditions are entitled to special diets if needed to avoid illness. Robert Taylor is a diabetic and an Illinois state prisoner. His medical condition requires that he receive a special diet to insure that he receives the proper amount of sugars and …
Article • September 15, 1995 • from PLN September, 1995
Editorial by Dan Pens Welcome to another issue of Prison Legal News. This issue marks another step in our evolution. For the past year Paul and I have struggled to edit the content of the newsletter, trying as much as possible to keep the fluff out in order to make …
Article • September 15, 1995 • from PLN September, 1995
Filed under: News, News in Brief
News in Brief by Ohio: On July 10, 1995, Lonnie Stuckey, 35, a former prison guard at the Ohio Reformatory for Women was convicted on six counts of sexual battery for having sex with female prisoners in his care. At his trial Stuckey claimed he had a consensual sexual relationship …
Article • September 15, 1995 • from PLN September, 1995
Civil Forfeiture and Criminal Prosecution as Double Jeopardy by Jeffrey Steinborn They did it. That's right- your Government did it. Having been warned by their lawyers of the constitutional defects (and inherent unfairness) in their policy of impoverishing a drug defendant through civil forfeiture, then prosecuting him or her with …
Brief • September 14, 1995
Richey v. Nerup, WA, Memo and Order Granting Preliminary Injunction, Costs From Prisoners, 1995 2 SEP 14 1995 UNITED STATES DISTRICT COURT I AU=:- R 3 UJ"'IW\C~ EASTERN DISTRICT. OF 4 THOMAS W.S. RICHEY, 5 Plaintiff, 6 vs. 7 a PENELOPE NERUP, et al., • ", lARSeN, C,uri( WASHING;:;..T.:..O~N:..:- ~"'"'\~ …
Brief • September 1, 1995
Pack v. Beyer, NJ, Settlement Agreement, Management Control Unit, 1995 CRUMMY, DEL DEO, DOLAN, GRIFFINGER & VECCHIONE A Professional Corporation One Riverfront Plaza Newark, New Jersey 07102-5497 (201)596-4500 Attorneys tor Plaintiffs By: John V. Jacobi (3897) -: : 1 ¯· Ï995' UNITED STATES DISTRICT COL'RT DISTRICT OF NEW JERSEY Harry …
Publication • September 1, 1995
Filed under: Prison Life Magazine
Prison Life magazine, September-October 1995 REAL PEOPLE ON DEATH ROW Announcing PRISON LIFE s Second Annual Art Behind Bars Contest PRIZES 1st Prize-$250 and two subscriptions to Prison Life 2nd Prize-$150 and two subscriptions to Prison Life 3rd Prize-$50 and two subscriptions to Prison Life WRITING CATEGORIES Fiction: short stories …
Brief • August 19, 1995
Filed under: Accidents
Hamack v. WA DOC, Tort Claim, Parking Lot Accident, 1995 ~ 100'1 \ \CC .' .' fRl~©@!I\VJI~JJJ qOU o par m nl k G n rat 0 m n na P. 195 M.I ugu l 7 0 -----;;:--------- dmini rati n I ision o -lOl- 101 0 9 I mpia …
Article • August 15, 1995 • from PLN August, 1995
Translators Required for Medical Interviews by Pretrial detainees and convicted prisoners held in the Kern County, CA jail filed a class action suit challenging the jail's use of padded safety cells for violent and suicidal prisoners and other jail conditions. The district court held that the safety cells, consisting of …
Hearing No Substitute for Trial by The court of appeals for the eighth circuit has held that a district court evidentiary hearing cannot serve as a substitute for a full trial, doing so violates a prisoner's seventh amendment right to a jury trial. Harold Hobbs, an Arkansas state prisoner, was …
Article • August 15, 1995 • from PLN August, 1995
OR DOC To Ban Smoking by The Oregon DOC has announced plans to ban smoking in all its facilities by October 1, 1995. The ban will be implemented in a four phase plan which gradually limits, then eliminates, the areas in which prisoners may smoke. The DOC will offer smokers …
Fear Constitutes Actual Injury by A district court in Illinois has held that the fear a prisoner experiences when attacked by another prisoner, in the absence of any physical injury, is sufficient injury to state a claim for compensatory damages under section 1983. Anthony Jones is an Illinois state prisoner …
Article • August 15, 1995 • from PLN August, 1995
Filed under: International, Immigration
INS Deportation Hearings Required Prior to Release by Boyd F Campbell The Ninth U.S. Circuit Court of Appeals reversed and remanded a lower court decision that denied relief to an alien inmate convicted of an aggravated felony who claimed the Immigration and Naturalization Service (INS) was not taking steps to …
Article • August 15, 1995 • from PLN August, 1995
No Immunity for Smoke Exposure by The Court of Appeals for the Eighth Circuit has affirmed a lower court ruling denying prison officials qualified immunity from money damages for exposing a prisoner to Environmental Tobacco Smoke (ETS). George Weaver, a Nebraska state prisoner, was placed in a cell with a …
WA Passes Record Anti-Prisoner/Defendant Legislation by Paul Wright By Paul Wright In the March, 1995, issue of PLN I gave a rundown on most of the anti-prisoner and defendant legislation then pending in the legislature. After we had gone to press for that issue Ida Ballasiotes, the rabid chair of …
Article • August 15, 1995 • from PLN August, 1995
ID Rider Program Creates Liberty Interest by The ninth circuit has held that prisoners have a due process liberty interest in accurate and reliable rehabilitation reports. In 1972 Idaho created the ARider Program@ whereby convicted felons were sent to prison to be evaluated for potential release on probation, the sentencing …
Article • August 15, 1995 • from PLN August, 1995
From Senegal in Struggle by Demba Diop The West-African state of Senegal was created by it's former French colonial rulers, who upon granting "Independance" to the country, set up a puppet government subservient to both its former French masters and the multinational corporations, who perpetuate the looting of Senegal's raw …
Martinez Hearing Reversed by The tenth circuit has approved a process whereby district courts conduct hearings to develop the record and determine whether there is any legal or factual basis to claims brought by pro se prisoner litigants. See: Martinez v. Aaron, 570 F.2d 317 (10th Cir. 1978). In this …
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