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Article • November 15, 1994 • from PLN November, 1994
UT Section 1983 Statute of Limitations Struck Down by In 1987 the Utah state legislature enacted section 78-12-28(3) which provided a two year period in which to bring an "action for injury to the personal rights of another as a civil rights suit under 42 U.S.C. § 1983." This is …
Sexual Assault by Police States Claim by Susan Huffman was arrested by Pacific Grove Police and taken to the police station to be held pending a recognizance hearing. During the booking procedure a policeman molested and sexually assaulted her as two other policemen ignored her cries for help, looked on …
Article • November 15, 1994 • from PLN November, 1994
Transferee Entitled to Sending State Case Law by James Clayton is an Oklahoma state prisoner subjected to an involuntary out of state transfer to New Mexico. Clayton had several pro se legal matters pending in Oklahoma state courts at the time of his transfer. The New Mexico prison system did …
Retaliation for Grievances Illegal by Gary Hines is a California state prisoner. Hines filed suit claiming that prison guards had broken his television set in retaliation for administrative grievances he had filed against them. After filing a grievance against the guards who allegedly broke his television, another guard infracted him …
Article • November 15, 1994 • from PLN November, 1994
Crisis Continues in Salvadoran Prison System by As reported in the October, 1994, issue of PLN, the prison system of El Salvador remains locked in a crisis of overcrowding, spiraling violence and unrest. This trend continues. On September 13, 1994, prisoners at the Central Penitentiary in San Vicente, in the …
Hazardous Waste Found in WI Prison by Since 1993 the Wisconsin Department of Corrections has been the subject of several scathing investigations by that state's Department of Natural Resources (DNR). The investigations have made several alarming discoveries, concluding that the DOC is failing to keep track of and properly dispose …
Failure to Treat Teeth States Claim by Mark Kinney is a Missouri state prisoner. Kinney went to the prison dentist, Dr. Kalfus, for removal of a tooth that was chipped and decayed, to have a cavity filled and for treatment of gum disease. Kalfus pulled the wrong tooth and acknowledged …
Article • November 15, 1994 • from PLN November, 1994
Filed under: Money/Property, Forfeiture
Asset Forfeiture is Dysfunctional Policy by Two sociologists received the l994 Academy of Criminal Justice Sciences Award for their undercover study and critical analysis of asset forfeiture's impact on police procedure. Drug Enforcement 's Double-Edged Sword: An Assessment of Asset Forfeiture Programs, by Mitchell Miller, Tennessee State University, and Lance …
Article • November 15, 1994 • from PLN November, 1994
Cooling Towers Spread Legionnaire's by The Federal Centers for Disease Control (CDC) has issued a report stating that cooling towers holding contaminated community water can lead to serious outbreaks of Legionnaire's disease, a pneumonia like illness that can be fatal. The bacteria causing the disease are spread by water or …
Article • November 15, 1994 • from PLN November, 1994
Filed under: Media, Access to Media
Committing Journalism - The Prison Writings of Red Hog (Book Review) by Bill Jeffcott By Dannie M. Martin & Peter Y. Sussman Review by Bill Jeffcott "I committed bank robbery and they put me in prison, and that was right. Then I committed journalism and they put me in the …
Article • November 15, 1994 • from PLN November, 1994
Overcrowding Leads to Pneumonia by On September 8, 1994, the New England Journal of Medicine published the report of an investigation conducted by the U. S. Centers for Disease Control and Prevention into the outbreak of a deadly form of pneumonia in the Harris County (Houston) jail in Texas in …
RFRA Must Be Argued on Merits by Prisoners at the Nebraska State Penitentiary filed suit under the Religious Freedom Restoration Act (RFRA) 42 U.S.C. § 2000bb claiming that prison officials had violated their right to practice their religion. The prisoners are adherents to Asatru, an Icelandic term for the ancient …
BOP Phone Litigation Update by In the March, 1994, issue of PLN we reported on Washington et al. v. Reno, et al., a lawsuit filed by women prisoners at FCI Lexington challenging the federal Bureau of Prisons (BOP) newly implemented Inmate Telephone System (ITS). [Editor's Note: For a full account …
Article • November 15, 1994 • from PLN November, 1994
MI Parole Consent Decree Vacated by In 1977 Michigan state prisoners filed a class action suit challenging the procedures by which they were granted or denied parole. In 1981 the US district court in Michigan entered a consent decree settling a lawsuit between the Michigan state Parole Board and Michigan …
Article • November 15, 1994 • from PLN November, 1994
Filed under: Work, Prison Labor
Detainees Can't Be Forced to Work by Dickie Cokeley is an Arkansas state prisoner. While confined in the Arkansas DOC his criminal conviction was reversed by a federal court. Upon reversal of his conviction Cokeley asked prison officials to place him on an unassigned work status. They refused to do …
Article • November 15, 1994 • from PLN November, 1994
Killer Workplace by On June 15, 1994, a conference on workplace violence was held at Boeing's Renton campus near Seattle, WA. The topic was growing workplace violence, defined as workers striking out rather than companies maiming, poisoning, exploiting workers and the community. According to Dr. Kevin Flynn, a consultant to …
Article • November 15, 1994 • from PLN November, 1994
WA Digital Probe Suits Barred by In 1984 the Washington state DOC opened two control units and initiated a policy whereby all prisoners transferred to the Intensive Management Units (IMU) were subjected to a digital rectal probe, or digital rape, upon entry. The "searches" were conducted on a blanket basis …
Article • November 15, 1994 • from PLN November, 1994
Refusal to Help Prisoner Eat Illegal by A Wisconsin state prisoner suffering from amyotrophic lateral sclerosis (ALS), also known as Lou Gehrig's disease, had difficulty eating due to weakness in his arms, hands, jaw, facial and throat muscles used in eating due to the disease's progression. Part of the treatment …
Admin Reversal Doesn't Affect Disciplinary Hearing Suit by Robert Walker is a New York state prisoner. During a search of Walker's cell prison guards found a knife and excess bedding and infracted him for their possession. At his disciplinary hearing Walker pleaded not guilty and maintained the knife and bedding …
Article • November 15, 1994 • from PLN November, 1994
The London Hanged: Crime and Civil Society in the 18th Century (Book Review) by Sandy Judd by Peter Linebaugh (Cambridge University Press, 1992) Review by Sandy Judd A title like The London Hanged might make a person think this is another book about death--an 18th century version of those true …
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