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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 …
Article • August 15, 1995 • from PLN August, 1995
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 …
Article • August 15, 1995 • from PLN August, 1995
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 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 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 …
Article • August 15, 1995 • from PLN August, 1995
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 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 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 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 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 …
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 …
Article • August 15, 1995 • from PLN August, 1995
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 …
Brief • August 7, 1995
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 …
Publication • August 1, 1995
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 …
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