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Ohio Mental Health Decree Entered by A far reaching consent decree governing the delivery of mental health care to Ohio prisoners was entered on 10 July 1995. The consent decree resulted from a §1983 suit filed in 1993 and certified as a class action on June 7, 1995. The prisoner …
TRO Granted in Alaska Sex Offender Registration by Since 1990, when Washington state passed the Community Protection Act (CPA), many states have followed suit and copied its provisions. The Washington CPA is one of the most draconian laws of its type in the country concerning the registration and civil commitment …
Open Prison Barracks Unsafe by In the past fifteen years of massive prison expansion many prison systems have opted to build open dormitory type prison barracks because they are substantially cheaper to build than conventional cell blocks. There are inherent shortcomings in this type of prison design. The Connecticut DOC …
Iowa Crime Legislation by Michael Brant The 1995 Iowa legislature passed a new wave of bills that affect many Iowa prisoners and ex-prisoners. Among these new laws are: The refusal of the county treasurer to renew vehicle registrations if the person has unpaid delinquent restitution; the inmate hard labor law …
Article • December 15, 1995 • from PLN December, 1995
Filed under: Classification
WI Court Upholds DOC Classification Policy by A Wisconsin state appeals court has upheld DOC rules which establish minimum periods that lifers are required to serve in maximum security prisons. The DOC rules assign each lifer to one of four security classifications, based on the prisoner's conviction, criminal history and …
Article • December 15, 1995 • from PLN December, 1995
Washington Translation Suit Settled by Paul Wright On January 23, 1995, Judge William Dwyer, US District Court in Seattle, accepted a stipulated motion in Lopez v. Riveland, Case No. C93-1030WD, a wide ranging lawsuit which challenged the almost complete lack of translation facilities for non- English speaking prisoners in the …
Job Discrimination States Claim by While prisoners have no right to a job or work assignment they may not be discriminated against on the basis of their race. Lawrence Quinn, a white Pennsylvania state prisoner, applied for the position of clerk in a prison shoe plant. The plant foreman told …
Article • December 15, 1995 • from PLN December, 1995
Florida Repeal of Earned Time Law Upheld by In 1988 the Florida state legislature enacted Fla.Stat. § 944.277 (1988) which extended the amount of gain-time awarded to prisoners. This was one of several statutes enacted by the Florida legislature in order to maintain the Florida prison population within the limits …
No Change in Michigan Consent Decrees by For almost 20 years Michigan state prisoners have been embroiled in class action prison litigation designed to ensure constitutional conditions within the Michigan prison system. Despite entry of consent decrees, the Michigan DOC has constantly sought to terminate their legal obligations imposed under …
Article • December 15, 1995 • from PLN December, 1995
Opening Legal Mail Violates Access to Courts by The court of appeals for the third circuit has held that opening a prisoner's legal mail outside his presence violates his right of access to the courts. The court also held that this right is well established so that prison officials who …
Article • December 15, 1995 • from PLN December, 1995
10th Circuit Vacates Utah Court Access Order by In the November, 1994, issue of PLN we reported Carper v. Deland, 851 F. Supp. 1506 (D UT 1994) which involved a class action suit filed by Utah state prisoners claiming that the DOC's method of providing court access, contract attorneys with …
Article • December 15, 1995 • from PLN December, 1995
CA Guard Plants Ammo by California prison guard, Mark B. Hardisty, not satisfied with his share of gravy from the state trough, decided he'd get himself some extra overtime pay. "That is the allegation they've come up with," says Hardisty's lawyer, Mike Rains of the Department of Corrections' case against …
Article • December 15, 1995 • from PLN December, 1995
Jury Demand Must Be Timely by The court of appeals for the eleventh circuit, in a case of first impression for that circuit, held that the right to a jury trial is fundamental and reversed a bench trial ruling against a prisoner holding he should have received a jury trial. …
Article • December 15, 1995 • from PLN December, 1995
Filed under: Searches, Drug Testing
Random Urinalysis Okay by In the July, 1994 issue of PLN we reported Lucero v. Gunter, 17 F.3d 1347 (10th Cir. 1994) where the court of appeals reversed dismissal of a Colorado state prisoner's suit alleging a fourth amendment violation where he was subjected to a harassing urinalysis test. The …
Article • December 15, 1995 • from PLN December, 1995
Denying Witnesses in Disciplinary Hearings Illegal by A federal district court in Massachusetts has held that a prison policy denying witnesses from the prison's general population to segregated prisoners' disciplinary hearings was unconstitutional. Brendan McGuinness is a Massachusetts state prisoner who was infracted for allegedly getting into a fight with …
Reversal of Disciplinary Hearing Doesn't Moot Suit by The court of appeals for the eighth circuit has held that a state court reversal of a prison disciplinary hearing does not preclude the prisoner filing suit for money damages in federal court. The appeals court also criticized and reversed the lower …
Guard and Prisoner Get Damages in Beating Trial by A federal district court in New York entered a jury verdict in favor of a state prisoner who was beaten by prison guards, the court also ruled in favor of one of the guards who sued the prisoner out of events …
Article • December 15, 1995 • from PLN December, 1995
Ohio Prison Doctor Imprisoned by Harry Schutte was the medical director at the Marion Correctional Institution in Marion, OH when his license to practice medicine was suspended after he was arrested and convicted for forging prescriptions. Schutte, who was addicted to the drug Stadol and synthetic morphine, did not notify …
Sexual Harassment Violates Eighth Amendment by A federal district court in the District of Columbia (DC) granted extensive injunctive and declaratory relief for a class of women prisoners who filed suit challenging their conditions of confinement in DC prison facilities. The rights of women prisoners were also violated under Title …
Withholding of Legal Papers Illegal by A federal district court in New York has held prison guards liable for withholding a prisoner's legal papers for more than two years. The court awarded the plaintiff one dollar in nominal damages and $500 in punitive damages to deter further conduct by prison …
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