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Brief • 1996
Jutzi Johnson v Us Il Suicide Wrongful Death Bop Complaint 1996
Lucas v. White, CA, Complaint, Abuse of Inmates, 1996 1 2 ROSEN, BIEN & ASARO MICHAEL W. BIEN - 096891 DONNA PETRINE - 154833 M.J. TONY PAIKEDAY - 176051 155 Montgomery Street, 8th Floor San Francisco, California 94104 Telephone (415) 433-6830 3 4 5 LAW OFFICES OF GERI L. GREEN …
Publication • 1996
Filed under: Legal Materials
Recommended Collections for Prisons A.A.L.L. 1996 •.> .... · ... :' ~ -<··,(~ ._...... :. :-·..:.:" . . ;. . .. . A A LL ~ -.. - : - ·,~ .!.~:_, ,;r: : • -. . . '.:: ·;:. - • • • • •.:.. ReCommended Collections, ; FOR …
Publication • 1996
Filed under: Medical, Respiratory
First Aid for Asthma, Allyn & Bacon, 1996 First Aid for Asthma What is an asthma attack? People with asthma have extra-sensitive airways. Triggers like dust, pollens, animals, tobacco smoke and exercise may make their airways swell and narrow, causing wheeze, cough and difficulty breathing. Sit the person comfortably upright. …
Article • May 15, 1996 • from PLN May, 1996
Summary Judgment Notice Must Be Given by Court by The court of appeals for the ninth circuit has reaffirmed that when a district court considers matters outside the pleadings in ruling on the sufficiency of a complaint it must give the plaintiff notice and allow the plaintiff an opportunity to …
Article • May 15, 1996 • from PLN May, 1996
Filed under: Civil Procedure, Discovery
Dismissal of Suit for Not Attending Deposition Reversed by The court of appeals for the ninth circuit held that a prisoner appearing at a deposition hearing, but refusing to testify, was not a "failure to appear" within the meaning of Fed.R.Civ.P. 37(d). Robert Estrada, a California state prisoner, had filed …
Article • May 15, 1996 • from PLN May, 1996
Jury Power in Action by A single mother in Cleveland, Ohio went on trial for welfare fraud. She was charged with "stealing" $11,000 in cash and food stamps over a two-year period. Between June 1988 to January 1990 she is accused of working at a $6,000-a-year part time job emptying …
Complaint Need Not List Capacity Defendants Sued In by The court of appeals for the fourth circuit has held that plaintiffs suing under 42 U.S.C. § 1983 need not specifically plead in their complaint that the state officials are being sued in the individual rather than their official capacities. Instead, …
Article • May 15, 1996 • from PLN May, 1996
Texas Rent-A-Cells Burn by The February issue of PLN featured "Kidnapping and Extortion Texas Style." Several county jails in Texas are scrambling to pay off the "junk munis" (municipal bonds) they used in the late 1980's to build rent-a-jails. Their clientele of Texas state prisoners dried up after the state …
Article • May 15, 1996 • from PLN May, 1996
Litigants Must Be Given Writing Materials by The court of appeals for the seventh circuit has held that prisoners must be provided with writing materials in order to ensure their right of court access. Such claims are not dependent upon a showing that the underlying claim would have succeeded, only …
Article • May 15, 1996 • from PLN May, 1996
Dismissal of Women's Suit Affirmed by The court of appeals for the eighth circuit affirmed the dismissal of a class action suit by women prisoners in Iowa. Past issues of PLN have reported Pargo v. Elliot, 49 F.3d 1355 (8th Cir. 1995), a class action suit in which women prisoners …
CDC Mental Health System Ruled Deficient by California's prison system (CDC) was cited by a federal judge for "gross inadequacies" in the delivery of mental health care services to prisoners. On September 13, 1995, U.S. district judge Lawrence Karlton put the bite on the CDC, issuing an 82 page court …
Article • May 15, 1996 • from PLN May, 1996
USP Atlanta Locked Down by Prisoners at U.S.P. Atlanta are now on lockdown and are seeking assistance of counsel - pro bono - to represent their interests in litigation against the BOP and warden Willie Scott. On Thursday, January 18, 1996, a guard working in the education department was stabbed …
Article • May 15, 1996 • from PLN May, 1996
Section 1983 Appropriate for Disciplinary Hearings by The court of appeals for the eighth circuit has held that prisoners can challenge prison disciplinary hearings under § 1983 without exhausting habeas corpus remedies. Billy Joe Armento-Bey, an Iowa state prisoner, filed suit in federal court under § 1983 claiming his due …
Article • May 15, 1996 • from PLN May, 1996
Michigan Parole Law Unconstitutional by A federal district court in Michigan held that 1992 amendments to Michigan laws extending the time period between parole reviews violated the ex post facto clause of the US constitution. This case consists of a class action suit under 42 U.S.C. § 1983 filed by …
Article • May 15, 1996 • from PLN May, 1996
Denial of Bed Linen States Claim by A federal district court in New York held that denying a prisoner blankets and bed linen while in segregation stated a claim for an eighth amendment violation. Keith Macguire, a New York state prisoner, filed suit claiming he was subjected to verbal abuse …
Article • May 15, 1996 • from PLN May, 1996
Bad Apples in Florida DOC by Kenneth Smith, fired from four separate Florida prisons, exemplifies a problem the Florida DOC has: keeping "bad apples" out of the barrel. Smith was fired from prisons for repeatedly violating prison rules, drunken driving, and a criminal conviction for resisting arrest, yet always managed …
Article • May 15, 1996 • from PLN May, 1996
State Murder Machine Picks Up by State Murder Machine Picks Up Speed Fifty-six people were executed by sixteen states in 1995. That was the highest national figure since 1957. As usual, Texas led the nation with 19 executions in 1995. Since the supreme court reinstated the death penalty in 1976, …
Article • May 15, 1996 • from PLN May, 1996
VitaPro Fraud Scheme Unveiled in Texas by Texas state prison officials have asked a judge to nullify an agreement to purchase $33.6 million worth of VitaPro, a soy-based food product, saying the Texas Department of Criminal Justice (TDCJ) had no authority to sign such a contract. Under the deal between …
Article • May 15, 1996 • from PLN May, 1996
Prison Rape Opponents Sue to Protect Award-Winning Web Site from Internet Censors by Stop Prisoner Rape, Inc., a nationally organized group dedicated to fighting against the rape of incarcerated persons of all genders and ages, joined the American Civil Liberties Union and 19 other plaintiffs today (Feb. 7, 1996) in …
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