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Detainee States Claim for Retaliation and Med Needs by The court of appeals for the seventh circuit has held that pretrial detainees are entitled to adequate medical care and have a right to be free from retaliation for complaining of guard misconduct. Richard Murphy was a pretrial detainee in the …
NJ Prisoners Have Liberty Interest in Staying in Population by The court of appeals for the third circuit has held that New Jersey state prisoners have a due process liberty interest, enforceable in federal court under § 1983, to remain in general population. David Sheehan is a PLN reader at …
Article • December 15, 1995 • from PLN December, 1995
PA Prison Investigated for Corruption; Biggest Shake Down Ever by In September, 1995, several prisoners from the 3,490 man Graterford state prison testified before the Pennsylvania senate judiciary committee about corruption at the state prison. The prisoners testified that prison officials accepted bribes typically between $100 and $300 to expunge …
Charging for Medication May Violate Eighth Amendment by A federal district court in Indiana has held that requiring prisoners to pay for medication when they are able to does not violate the eighth amendment. However, prison officials' refusal to provide over the counter medication to indigent prisoners with serious medical …
Article • December 15, 1995 • from PLN December, 1995
Filed under: News, News in Brief
News in Brief by Venezuela: On September 22, 1995, police entered the Catia prison in Caracas to search for weapons and drugs when prisoners shot at them. In a five hour riot four prisoners were killed and 26 people injured, including a guard and a policeman. Hundreds of soldiers stormed …
Jail Detainee Entitled to Law Library Access by A district court in Texas has held that jail prisoners have a right to law library access in order to defend against lawsuits in which they are the defendant, the court also held that a "bookmobile" system of allowing prisoners to check …
Missouri Ad Seg Damages Award Upheld by The eighth circuit court of appeals has affirmed an award of money damages to Michael Weems, a Missouri state prisoner, who was denied a review hearing while in administrative segregation. The court reaffirmed that Missouri state prisoners have a due process liberty interest …
Article • December 15, 1995 • from PLN December, 1995
From the Editor by Dan Pens Welcome to another edition of PLN. We have published continuously for five and a half years now. A lot of people write and ask the same question, "Gee, how did you guys do it?" The answer is simple, hard work and persistence. It's pretty …
Brief • November 27, 1995
Filed under: Accidents
Gay v. WA DOC, WA, Judgment, McNeil Island Ferry Dock Accident, 1995 L i ,.;. ,~Jl~. -.~ j' r.. ·95 NOV -6 A9 :46 1 .. 2 J .: -I \ '... .: \ ' I ' " 'i .... ,"' .( . .' f • II. • ) I …
Alaska Prisoners in Exile by Anthony Brown I would like to respond to a News in Brief segment of your February 1995 issue of PLN concerning the shipment of Alaska state prisoners to the Penal Detention Center [a private prison operated by the Corrections Corporation of America] in Florence, AZ, …
WSR Prisoner Murdered by Neglect by On December 12, 1994, Stanley Watson died of a heart attack at the Washington State Reformatory (WSR) in Monroe, WA. While heart attacks do happen and can be fatal Watson's death could have been easily prevented, so easily that his death amounts to negligent …
Time Barred Dismissal Reversed by The court of appeals for the tenth circuit has held that a district court erred when it dismissed a prisoner's suit as being time barred when it was not clear from the face of the complaint if the applicable time limits had been tolled. David …
Lethal Gas Execution Cruel and Unusual by Dale Gardner Derek Humphry, President of the Hemlock Society, and Judge Marilyn Hall Patel have differing views on the virtues of inhaling lethal gas. Humphry, in his how-to-suicide-it manual Final Exit, recommends the use of potassium cyanide as a quick and "humane", although …
Article • November 15, 1995 • from PLN November, 1995
CA Prisoners Riot by On July 7, 1995, more than 250 prisoners at the Sierra Conservation Center (SCC), near Jamestown, CA, engaged in a brawl and riot at the 5,900 bed minimum security prison. The fight took place in the yard and housing units between white and Latino prisoners and …
Article • November 15, 1995 • from PLN November, 1995
Standard for Gender Discrimination Clarified by The court of appeals for the eighth circuit has held that heightened judicial scrutiny may be appropriate in equal protection claims brought by female prisoners. This ruling will be of special interest to female prisoners. Women prisoners in Iowa filed a class action suit …
Article • November 15, 1995 • from PLN November, 1995
Detainees Entitled to Hygiene Items by A district court in Illinois has held that pretrial detainees are entitled to clean linen and clothes on a regular basis as well as adequate ventilation, medical treatment and food. The court begins its ruling with a quote by Dr. Karl Menninger who described …
Article • November 15, 1995 • from PLN November, 1995
IN Passes Excrement Law by Senate Enrolled Act #56, which went into effect on July 1, 1995, added a new section to the Indiana Criminal Code which makes it a crime to "knowingly or intentionally in a rude, insolent, or angry manner place blood or another body fluid or waste …
Article • November 15, 1995 • from PLN November, 1995
Judge gets Insight on Jail Reform by Sol Wachtler was the former chief judge of New York state's highest court until he was convicted in 1993 of terrorizing, stalking and harassing his ex-lover, socialite Joy Silverman, after she broke off their affair. At one point Wachtler threatened to kidnap Silverman's …
Article • November 15, 1995 • from PLN November, 1995
Feeding at the Trough by The highest paid state employee in California isn't the governor, it is Darryl Andrade, a DOC lieutenant at the Avenal State Prison who earned gross wages of $108,989 in 1994. Andrade was one of 702 California prison guards, sergeants and lieutenants who made more than …
Double Jeopardy in Prison Not Clear by In the Oct. `95 issue of PLN we re ported Massachusetts v. Forte, an unpublished state court ruling dismissing a criminal indictment because the prisoner had previously been subjected to disciplinary action by prison officials. As a result, the trial court dismissed the …
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