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Article • April 15, 1995 • from PLN April, 1995
Federal Habeas Rarely Granted by The National Center for state Courts in Williamsburg, VA has released a study conducted by Victor Flange, concluding that post conviction challenges by prisoners in state or federal court are rarely successful. The report was originally commissioned in 1989 by the Conference of Chief Justices …
Purdy Medical Suit Settled by In the April, 1994, issue of PLN we reported Hallet v. Payne, No. 93-5496(T)D, the class action suit by women prisoners in federal court in Tacoma against prison officials at the Washington Corrections Center for Women, also known as Purdy. The suit alleged that medical …
Article • April 15, 1995 • from PLN April, 1995
Most Murders by Friends and Family by One of the propaganda lies hyping the anti-crime hysteria is the fear of seemingly random crimes committed by strangers against strangers. Anyone who watches the television news or reads newspapers would conclude that such crimes constitute the majority of murders committed. However, according …
Article • April 15, 1995 • from PLN April, 1995
VA Parole and Good Time Laws Don't Create Liberty Interest by Orillion James is a Virginia state prisoner who filed suit seeking money damages and an injunction ordering prison officials to expunge his records of false educational information that hindered his ability to be paroled. The records in question claim …
$157,000 Awarded in Retaliation Suit by Jory Lowrance is a Muslim New York state prisoner. In a seven year period he was transferred a total of 17 times to different state prisons. He filed suit under 42 U.S. C. § 1983 claiming that the transfers were in retaliation for his …
Article • April 15, 1995 • from PLN April, 1995
CDC Issues New Shooting Policy by In the March, 1995, issue of PLN we reported that the FBI was investigating the California Department of Corrections' (CDC) policy of shooting prisoners. That policy had lead to CDC guards shooting and killing at least 27 prisoners between 1989 and 1994, compared to …
Article • April 15, 1995 • from PLN April, 1995
Filed under: Mail, Mail Regulations
9th Cir. Clarifies Mailbox Rule by The Federal Rules of Civil Procedure and Appeals set forth numerous time limits by which motions and other documents must be filed, answered, etc. This has led to a large body of case law concerning how prisoners comply with these time limits due to …
Retaliatory Infraction Illegal by Donald Dixon is a Missouri state prisoner. He filed suit under 42 U.S. C. § 1983 after a prison guard filed a retaliatory disciplinary charge against him after he filed a grievance. The district court granted summary judgment in favor of the guard because the disciplinary …
CA Legislative Horror Show by Dan Pens Due to our very long lead time (I write this on March 7th) it's difficult to report on fast moving stories like the goings on in the state house. As you read this, who knows what may have happened since this story was …
State Prisons Subject to RA & ADA by State Prisons Subject to RA & ADA Anthony Torcasio is an extremely obese Virginia state prisoner who is 5' 7" tall, weighs over 460 pounds and has a girth of 78" . He filed suit under 42 U. S. C. § 1983 …
Article • April 15, 1995 • from PLN April, 1995
Attorney Fees for Monitoring Consent Decree by In 1992 prisoners seeking to desegregate the Southern Ohio Correctional Facility (SOCF) in Lucasville, Ohio, entered into a consent decree with prison officials. Under the terms of the decree the cells at SOCF would be randomly integrated. After the April, 1993, rebellion at …
Pierce County Jail Sued by On January 19, 1995, a class action suit was filed against Pierce County (Tacoma, Washington) concerning massive overcrowding at its jail. The jail was built in 1984 and designed to hold 470 prisoners, it was later remodeled to hold 628. On January 17, 1995, the …
Article • April 15, 1995 • from PLN April, 1995
Mumia Speaks by Mumia Abu Jamal is the former Black Panther unjustly convicted of killing a cop in Philadelphia. A journalist and outspoken advocate for the oppressed before and after his conviction, Mumia was sentenced to death. Since he has been on death row he has continued his incisive and …
S.Ct. to Hear Quayle Retaliation Claim by On January 20, 1995, the US Supreme Court announced that it had granted certiori to hear a prison retaliation case and it may have an interesting effect on the 1996 presidential campaign if Dan Quayle, George Bush's former vice president, changes his mind …
Article • April 15, 1995 • from PLN April, 1995
Death Penalty Challenged by Philadelphia Public Defenders by Dale Gardner Philadelphia's Public Defenders, Bar Association and Institutional Law Project Committee challenged the constitutionality of Pennsylvania's death penalty this October (1994), filing legal challenges in 78 murder cases including their clients. The Defender Association of Philadelphia contends the law is "broadly …
Article • April 15, 1995 • from PLN April, 1995
$50,000 Awarded in Groin Kneeing by Fred Culver is a mentally disabled alcoholic. He was arrested by city police in Sparta, Georgia and taken into custody. Once in the jail he began slapping at one of the policemen. In an ensuing melee Culver was twice kneed in the groin. He …
No Habeas for Jailhouse Lawyer Aid by In a rather novel ruling the third circuit has ruled that federal courts lack authority to issue writs of habeas corpus to ensure that an imprisoned pro se litigant has the assistance of a jailhouse lawyer at trial. Michael Jones is a New …
Article • April 15, 1995 • from PLN April, 1995
Filed under: Commentary/Reviews, Reviews
Reviews by Paul Wright By Paul Wright What you're holding in your hands is referred to as the "Alternative Press." We are called that because we offer an "alternative" view to that provided by the corporate media. In our case we are advocates for the rights and well being of …
Population PI Vacated by Prisoners at the North Carolina DOC Morrison Youth Institution (MYI) filed a class action suit claiming that overcrowding and under staffing at the prison exposed them to constitutionally unacceptable risks of physical violence. They sought a preliminary injunction (PI) which was granted. The district court ordered …
Article • April 15, 1995 • from PLN April, 1995
A Viable ACA Litigation Strategy by Little Rock Reed On August 6, 1982, David Bazelon, Senior Circuit Judge for the U. S. Court of Appeals for the District of Columbia, resigned from the Board of Commissioners of the Commission on Accreditation for Corrections (American Correctional Association). In his Memorandum of …
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