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Article • November 15, 1994 • from PLN November, 1994
A Prison a Week by According to the Bureau of Justice Statistics Bulletin, Prisoners in 1993, the nationwide 7.4% growth rate of state and federal prison populations in 1993 translates to 1,254 additional prisoners each week. This rate of growth can only be supported by building one 1,254 bed prison …
Retaliation Suit Requires Trial by Allan Dillon is a Virginia state prisoner who was raped by another prisoner. Lawrence Dury was the Virginia DOC (VDOC) internal affairs investigator assigned to investigate the rape. During a search of Dillon's cell pursuant to the investigation, Dury discovered papers indicating that Dillon was …
Article • November 15, 1994 • from PLN November, 1994
4th Circuit Clarifies Eighth Amendment Standard by In the May, 1994 issue of PLN we reported Norman v. Taylor, 9 F.3d 1078 (4th Cir. 1994) in which the appeals court reversed the dismissal of a Virginia jail prisoner's § 1983 suit which alleged that a jail sergeant had hit him …
Disputed Disciplinary Facts Require Reversal by Michael Mays is a New York state prisoner who was infracted for allegedly refusing to return to his cell when a guard ordered him to do so. After a disciplinary hearing Mays was found "guilty" and sentenced to segregation, loss of good time and …
UT DOC Violates Court Access Rights by Utah state prisoners filed a class action suit against Utah Department of Corrections (UDC) officials claiming a failure to provide them with constitutionally adequate access to the courts. The district court agreed with the prisoners and issued an injunction ordering the UDC to …
Article • November 15, 1994 • from PLN November, 1994
MA DOC Uses New Phone System by Paul Wright By Paul Wright As part of the nationwide trend towards more restrictive and more expensive prison phone systems, the Massachusetts DOC signed a contract with NYNEX on January 27, 1994, for the provision of phone services to Massachusetts prisons. The new …
Attorney Fees for Contempt Hearing by Jail prisoners of the Natrona County jail in Wyoming initiated contempt proceedings against jail officials for not having complied with the terms of a consent decree entered into between prisoners and jail officials over jail conditions. The district court concluded that the county jail …
Article • November 15, 1994 • from PLN November, 1994
WI Removes Weights and Tennis Courts by Wisconsin's hard-line Republican Governor Tommy Thompson, apparently concerned about his upcoming re-election bid, has ordered all weights and tennis courts removed from the Wisconsin prison system by October 1, 1994. Wisconsin prison officials were in the process of conducting an inventory of weights …
Article • November 15, 1994 • from PLN November, 1994
State Must Provide Assistance for Parental Suits by Women prisoners in Michigan filed a class action suit against the Michigan Department of Corrections (DOC) challenging the decision to reduce funding to Prison Legal Services in order to end PLS assistance in parental rights matters. The prisoners argued that the decrease …
Prison Alcohol Program May Violate Free Speech by The Iowa Civil Liberties Union (ICLU) and prisoners at the Clarinda Correctional Facility (CCF) filed suit under § 1983 challenging the DOC's expenditure of taxpayer funds on an alcohol rehabilitation program called "The Other Way." According to the complaint, this program has …
Article • November 15, 1994 • from PLN November, 1994
Scared Witless by The fear in her voice reverberated throughout talk-radio land. The elderly woman was among a parade of callers who passionately supported the caning of 18-year-old Michael Fay, who'd pled guilty to vandalism in Singapore. When the host asked why such a brutal punishment was appropriate, she replied …
Article • November 15, 1994 • from PLN November, 1994
Idaho Cons Entitled to Pen and Paper by This is an Idaho criminal case which addresses prisoner's right of access to the courts in the habeas context, we address only that part of the case dealing with prison conditions. In 1989 James Free was convicted and sentenced to a term …
Santeros Win PI by Santeria is a religion which combines aspects of Catholicism and African animism. Believers worship saints, or orishas, who have their own personalities and characteristics. Santeria is widely practiced in Caribbean and Latin American countries. In Church of the Lukumi Babah Aye, Inc. v. City of Hialeah, …
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 …
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