x870 glacial - Search | Prison Legal News

IFP Dismissal Reversed

Article • August 15, 1995 • from PLN August, 1995

Filed under: Civil Procedure, Filing Fees

IFP Dismissal Reversed by District courts reviewing a plaintiff's petition to proceed in forma pauperis (IFP) must first review the complaints and decide whether they are legally or factually frivolous before they can demand partial payment of the filing fees. Bonnie McCaslin, a Nebraska state prisoner, filed nineteen lawsuits simultaneously …

Shackled Litigant Denied Due Process

Article • August 15, 1995 • from PLN August, 1995

Filed under: Escapes, Restraints, Court Access, Court Appearances, Evidentiary Ruling, Legal Mail

Shackled Litigant Denied Due Process by The court of appeals for the second circuit has reaffirmed that trial courts deny pro se litigants a fair trial when litigants are shackled before the Jury and no hearing on the need for restraints is held. Ronald Davidson is a New York state …

Qualified Immunity RA Defense

Article • August 15, 1995 • from PLN August, 1995

Filed under: Blind Prisoners, Vision, Civil Procedure, Damages, Defenses, Rehabilitation Act, Qualified Immunity

Qualified Immunity RA Defense by The court of appeals for the eighth circuit has held that the affirmative defense of qualified immunity is available to government officials sued under the Rehabilitation Act (RA), 29 U.S.C. '794(a). McKinley Lue is a blind Missouri state prisoner who filed suit claiming he was …

Outgoing Mail Censorship Illegal

Article • August 15, 1995 • from PLN August, 1995

Filed under: Disciplinary Hearings, Notice of Rules, Legality of Rules, Qualified Immunity, Mail Regulations, Censorship

Outgoing Mail Censorship Illegal by A district court has reaffirmed the long-standing principle that the censorship of outgoing prisoner mail rarely implicates prison security interests. Donald Gee, a Wyoming state prisoner, wrote a letter to his brother about his conditions of confinement, that he was being retaliated against by prison …

8th Amendment Discussed

Article • August 15, 1995 • from PLN August, 1995

Filed under: Medical, Skeletal Injury, Surgery, Eighth Amendment, Restraints

8th Amendment Discussed by In a lengthy ruling a district court in Iowa gave an extensive discussion of the history of the eighth amendment and numerous cases regarding its application to medical neglect cases. This case is useful not so much for the facts or issues presented in the underlying …

Supreme Court Guts Due Process for Prisoners

Article • August 15, 1995 • from PLN August, 1995

Filed under: Disciplinary Hearings, Disciplinary Litigation, Liberty Interests, Sanctions (Disciplinary Hearings), Ad-Seg Hearings

Supreme Court Guts Due Process for Prisoners by On June 20, 1995, the supreme court issued its five to four ruling in Sandin v. Conner. The ruling appears to be the most devastating legal setback prisoners have suffered in the Supreme Court since Turner v. Safley was decided in 1987. …

Police, Death and Inquests

Article • August 15, 1995 • from PLN August, 1995

Filed under: Misconduct/Corruption, Jail Misconduct, Cardiovascular, Medical Neglect/Malpractice

Police, Death and Inquests by Adrian Lomax David Urban, 35 years old, was serving a 30-day sentence in the Winnebago County Jail in Oshkosh, Wisconsin, when, at 1:00 pm on January 13, he began complaining to guards that he felt ill and needed medical attention. The sheriff's deputies who run …

Detainees Entitled to Non-Punitive Conditions

Article • August 15, 1995 • from PLN August, 1995

Filed under: Witnesses (Disciplinary Hearings), Notice of Hearing, Conditions of Confinement, Ventilation, Exposure to Cold, Sanitation, Bedding, Vermin, Guard Brutality/Beatings, Municipal Liability, Postage, Legal Mail

Detainees Entitled to Non-Punitive Conditions by Pretrial detainees, who have not been convicted of any crimes, may not be punished in any manner. This includes housing them in jail conditions that could be construed as punitive. Dale Miller filed suit over conditions at the Cook County (Chicago) Jail. He claimed …

Pelican Bay Ruling Issued

Article • August 15, 1995 • from PLN August, 1995

Filed under: Gang Policies, Systemic Medical Neglect, Informants, Conditions of Confinement, Totality of Conditions, Failure to Protect (General), Shelter, Guard Brutality/Beatings, Shootings, Restraints, Injunctions, Special Masters, Failure to Treat (Mental Illness)

Pelican Bay Ruling Issued by One prisoner publication hailed it as "A Moral Victory for Prisoners." The headline in a correctional trade magazine proclaimed "State Wins Pelican Bay Suit." Interpreting the 345-page Madrid v. Gomez opinion is difficult at best, and as shown by the contrasting headlines above, a reader's …

News in Brief

Article • August 15, 1995 • from PLN August, 1995

Filed under: News, News in Brief

News in Brief by Canada: On May 10, 1995, a government panel investigating why more than 11,000 Canadians, most of them hemophiliacs, contracted AIDS and hepatitis in the 1980's, announced that it had traced the illness to blood products made with blood from Arkansas state prisoners, many of whom later …

From The Editor

Article • August 15, 1995 • from PLN August, 1995

Filed under: Editorials, Media, PLN Litigation

From The Editor by Paul Wright From the Editor By Paul Wright Welcome to another issue of PLN. Readers may recall that in the July, 1994, issue we ran an article concerning the suit filed by Ed Mead (PLN's former co-editor) and myself against the Washington state parole board. After …

Uribe v. Riveland, WA, Order, Attorney Fees and Costs, Discrimination Case, 1995

Brief • August 7, 1995

Filed under: Discrimination, Attorney Fee Awards

Uribe v. Riveland, WA, Order, Attorney Fees and Costs, Discrimination Case, 1995 II 2 '- - Pf2: / 2 3 - ... - ........ -'-·:"i!, 4 O' - \ - IN THE SUPERIOR COURT OF THE STATE OF WASHI~{~_. S " • _.1. IN AND FOR THE COUNTY OF THURSTON …

Use of Force Handbook LAPD 1995

Publication • August 1, 1995

Filed under: Excessive Force (Police), Police Department Manuals

Use of Force Handbook LAPD 1995 j I I ' LOS ANGELES POLICE DEPARTMENT August 1995 DNC 06884 , TABLE OF CONTENTS Department Policy ............... ......... ... .......... ... 1 Use of Force-Policy 1 Use of Force Options ......... ... ..... .................. . 2 Verbalization 2 Compliance Techniques 5 OC …

Washington v. Reno, KY, Settlement Agreement, Telephone Services in Prison, 1995

Brief • August 1, 1995

Filed under: Telephones, Telephone Access, Telephone Rates

Washington v. Reno, KY, Settlement Agreement, Telephone Services in Prison, 1995 Washington v. Reno United States District Court for the Eastern District of Kentucky, Lexington Division November 9, 1999, Decided ; November 9, 1999, Filed CIVIL ACTION NO. 93-290 Reporter: 1999 U.S. Dist. LEXIS 22485 CONCHITA WASHINGTON, ET AL., PLAINTIFFS …

Allaway v. Martin, NY, Plaintiff Motion to Compel Discovery, Guard Excessive Force, 1995

Brief • July 26, 1995

Filed under: Guard Brutality/Beatings

Allaway v. Martin, NY, Plaintiff Motion to Compel Discovery, Guard Excessive Force, 1995 UNITED STAI'ES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK CHARLES ALLAWAY, Plaintiff, -againstCorrectional Officers STEPHEN MARTIN, HOWARD PICKMAN, SCOTT DARRAH, JAY SISKAVICH, RONALD BOYSE, and D. DuBREY, Correctional Sergeants HAROLD BOYLE and TIMOTHY MURTHA, Lieutenant BRUCE McCORMICK, …

Warden Survey Released

Article • July 15, 1995 • from PLN July, 1995

Filed under: Crime/Demographics, Crime

Warden Survey Released by On December 21, 1994, Illinois US senator Paul Simon (D) released a survey he had conducted of 157 prison wardens across the country. Simon told a news conference he was releasing the survey because it was time for a "reality check" as congress gears up for …

Books Available: Barred: Women, Writing and Political Detention

Article • July 15, 1995 • from PLN July, 1995

Filed under: Gender Discrimination -- Women, Political Prisoners, Reviews, Crime/Demographics, Crime

Books Available: Barred: Women, Writing and Political Detention by Barbara Harlow Barred: Women, Writing and Political Detention, by Barbara Harlow, examines and presents the writings of women political prisoners in Northern Ireland, Palestine, El Salvador, Egypt, South Africa and the United States. The book gives an analysis of the dynamics …

Who's Treating the Doctor

Article • July 15, 1995 • from PLN July, 1995

Filed under: Staff-Prisoner Assault, Medical Misconduct, Mental Health

Who's Treating the Doctor by In September, 1994, the Washington DOC hired James McGuire to work as a psychiatrist at the McNeil Island Corrections Center (MICC). His work involves diagnosing and prescribing drugs to sex offenders, among other prisoners at the facility. This in itself is unremarkable. What is unusual …

Dismissal for Failure to Amend Complaint Reversed

Article • July 15, 1995 • from PLN July, 1995

Filed under: Systemic Medical Neglect, Civil Procedure, Complaints, Sanctions, Depositions

Dismissal for Failure to Amend Complaint Reversed by The court of appeals for the second circuit has held that a pro se prisoner's complaint should not be dismissed for failure to file a clear and concise complaint, failing to comply with the pleading requirements of Federal Civil Procedure and for …

NJ Sex Offender Registration Ruled On

Article • July 15, 1995 • from PLN July, 1995

Filed under: Discrimination, Sex Offender Registration, Disclosure of Records

NJ Sex Offender Registration Ruled On by In 1990 Washington state passed the Community Protection Act which contained provisions requiring that sex offenders register with police and it also allowed law enforcement officials to notify the public of the sex offender's address, criminal history, etc. Since then several other states …