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Article • January 15, 1996 • from PLN January, 1996
Maryland Medical Co-Pay Policy Upheld by In the November, 1995, issue of PLN we discussed case law and litigation strategy on challenging state laws requiring prisoners to pay for medical services. As more states pass such laws we foresee more litigation on the issue. A federal district court in Maryland …
Article • January 15, 1996 • from PLN January, 1996
Filed under: Organizing
Direct Action in Ohio by Ohio Prisoner by an Ohio Prisoner In January of 1992, the Federal Bureau of Prisons (BOP) announced plans to build a federal prison in Columbiana County, Ohio. They planned to take over land owned and farmed by local families for generations. Local farmers and working …
7th Circuit Clarifies "Frivolous" and Safety Standard by The court of appeals for the seventh circuit ruled that a district court must determine a suit is not only legally insufficient but that it cannot be saved by amendment before the court can dismiss the suit as frivolous under 28 U.S.C. …
Article • January 15, 1996 • from PLN January, 1996
Arizona Prisoners Charged for Electricity by Dan Pens The 1995 Arizona legislature passed a law (AZ Rev. Statutes § 31-239) that requires the AZ DOC to establish a plan wherein prisoners will be charged a monthly "utility fee." The statute directs the DOC to collect a monthly fee, "not to …
Article • January 15, 1996 • from PLN January, 1996
Voting Rights Case Reinstated by In the July, 1994, issue of PLN we reported Baker v. Cuomo, 842 F. Supp. 718 (SD NY 1993), where a district court in New York sua sponte dismissed a lawsuit filed by black and Hispanic prisoners under 42 U.S.C. § 1983 claiming that state …
Article • January 15, 1996 • from PLN January, 1996
Filed under: Work, Chain Gangs
Back on the Chain Gang by John Stossel of ABC's 20/20 calls himself a libertarian. But rather than criticizing the reappearance of chain gangs as an assault on human liberty, Stossel promoted them on the June 9, 1995, broadcast as "reasonable punishment" and "only fair." When one Alabama prisoner pointed …
Article • January 15, 1996 • from PLN January, 1996
Women Prisoners Lose Discrimination Suit by Women Prisoners Lose Discrimination Suit In the December '94 issue of PLN we reported Klinger v. Nebraska DOC , 31 F.3d 727 (8th Cir. 1994) which had reversed an earlier ruling, at 824 F. Supp. 1374 (D NE 1993), PLN . Vol. 4, No. …
Texas Anti-Litigation Law by Dan Pens In its 1995 session, the Texas legislature passed a bill that amends and modifies Subchapter B, Chapter 15 of the Civil Practice and Remedies Code, purportedly to combat "frivolous or malicious litigation filed by inmates." By now PLN readers should be familiar with this …
Sexual Extortion Violates Eighth Amendment by Afederal court in the District of Columbia held that a prisoner who was extorted for sex by a prison guard and labeled a snitch as a result states a claim for an eighth amendment violation and qualified immunity is not appropriate. Gregory Thomas is …
Article • January 15, 1996 • from PLN January, 1996
Failure to Prosecute Dismissal Reversed by The court of appeals for the second circuit has held that a district court abused its discretion in dismissing a prisoner's civil rights suit on a basis of failure to prosecute where the prisoner plaintiff allegedly refused to attend jury selection in his case. …
Article • January 15, 1996 • from PLN January, 1996
Filed under: Attorneys, Public Defenders
WADA Squeezed Out of Existence by Dan Pens The Washington Appellate Defenders Association (WADA) ceased operating on July 31, 1995, because the nonprofit firm and the state could not agree to terms for a new contract. Patricia Novotny, WADA's assistant director said, "Our decision wasn't, not to re-sign [the contract], …
Article • January 15, 1996 • from PLN January, 1996
Filed under: Political Prisoners, Media
NBC Slanders Freedom Fighter by Jaan Laaman On Oct. 1, NBC's Sunday Night Movie was titled, 'In The Line Of Duty: The Hunt For Justice." It was billed as the "true story" of the decade long government hunt for a group of anti-imperialist political fugitives who, when finally captured in …
Article • January 15, 1996 • from PLN January, 1996
Filed under: News, News in Brief
News in Brief by IN: Al Parke, the new warden at the Indiana State Prison has solved his understaffing problems by cutting the number of required staff at the prison. He now has all slots filled simply by decreasing the number of slots. VA: On June 30, 1995, Virginia's only …
Article • January 15, 1996 • from PLN January, 1996
From the Editor by Paul Wright Welcome to another issue of PLN . Readers who have been with us for awhile may recall that Ed Mead and I have a suit pending against the Washington State Indeterminate Sentence Review Board (ISRB), AKA the parole board. Ed was the co-editor of …
Publication • January 1, 1996
Filed under: Prison Life Magazine
Prison Life January-February 1996 JANUARY-FEBRUARY 1996 Ab~ut the C~ver A prisoner shoots up in his cell. Photos and design by Chris Cozzone. FEA1'1JRES 21 Drug VJar lGl Just say " Know." What every fool should kn ow before getti ng into the drug business. 34 High $n the Range Just …
Brief • December 21, 1995
Marquiz v. Romer, CO, Opinion and Order, Violation of ADA Rights, 1995 NITEO STATES EMSTRICT C C U H . DENVER, COI n IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO DE§ gl 19Q§ r Civil Action No. 92-K-1470 (92-M-1932) AMES R. f/.-.^SPEAKEi: __^'-~ STEVEN R. MARQUIZ; …
Texas Detainee Wins Damages for Ad Seg Placement by A federal district court in Texas awarded $700 in compensatory damages to a county jail prisoner placed in administrative segregation without due process and held there for fourteen days. The court also considered the matter of prisoners' right to safety from …
Article • December 15, 1995 • from PLN December, 1995
Denial of Toilet Unconstitutional by A district court in Texas has held that placing a jail detainee in a cell with an inoperable sink and toilet and barely functioning shower and denial of hygiene materials violates the eighth amendment. Isiah Sanford was a detainee in the Ector County Jail in …
Detainees May Be Disciplined by The court of appeals for the first circuit has reversed a district court ruling that pretrial detainees may not, consistent with the constitution, be punished for misconduct in the jail. In the Dec. '94 issue of PLN we reported Collazo Leon v. US Bureau of …
Article • December 15, 1995 • from PLN December, 1995
Prisoners Entitled to Rely on Marshalls for Service by The court of appeals for the sev enth circuit has extended prior rulings and held that state prisoners are entitled to rely on the Marshalls service to serve their lawsuits on prison officials. The Marshall's failure to properly serve prison officials …
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