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Article • July 15, 1994 • from PLN July, 1994
Court is Ultimate Arbiter of Consent Decree by In 1984 the United States government and the state of Michigan entered into a consent decree which required improvements in Michigan penal facilities so that they would comport with minimal constitutional standards. After several years of improvements and monitoring the parties filed …
Article • July 15, 1994 • from PLN July, 1994
Administrative Exhaustion May Be Required by Leopold Pedraza is a Texas state prisoner. He filed suit under § 1983 claiming prison officials harassed him because of his race, national origin and prior litigation. At no time did Pedraza file grievances or complaints with prison officials concerning his allegations. A magistrate …
Article • July 15, 1994 • from PLN July, 1994
NM Visitors May Refuse Searches by Diane Castro is married to a New Mexico state prisoner. Prison officials received an anonymous telephone call stating that Castro was smuggling drugs to her husband at the Southern New Mexico Correctional Facility (SNMCF). Upon her next visit Castro was taken to a conference …
Article • July 15, 1994 • from PLN July, 1994
CO Ad Seg Rules Don't Create Liberty Interest by Vernon Templeman is a Colorado state prisoner. After spending seven years in administrative segregation (ad seg) he was placed in a maximum security general population. A year later he was again placed in ad seg. Despite requesting a three member panel, …
Prisoners Have Right to Jury from Community by Emmanuel Mitchell is a Tennessee state prisoner. He sued prison officials claiming excessive use of force and placement in an unsanitary cell. After a jury trial judgment was entered in favor of prison officials, Mitchell filed a motion for a new trial …
Shackling States Claim by Jerome Williams is a Michigan state prisoner. After damaging the toilet in his cell, Williams was removed from his cell and placed in restraints where he was fully restrained by chains and shackled to his bed; where he remained for 73 hours. He was allowed to …
Article • July 15, 1994 • from PLN July, 1994
Filed under: International, Immigration
FL DOC to Deport Aliens by Florida Governor Lawton Chiles announced on March 17, 1994, that he hopes to persuade federal immigration officials to let the state release foreign felons convicted of nonviolent crimes and then ship them home. The Immigration and Naturalization Service (INS) has identified 2,700 Florida state …
Article • July 15, 1994 • from PLN July, 1994
Delay in Treatment States Claim by Dean Delker is an Oregon state prisoner. He filed suit under § 1983 seeking injunctive and monetary relief from prison officials who refused to authorize surgery to treat his inguinal hernia (this is a hole in the abdominal wall where the intestine pokes through; …
Prisoner Dies at Purdy by In the April, 1994, issue of PLN we reported Hallett v. Payne, a class action suit filed by prisoners at the Washington Corrections Center for Women (WCCW) at Purdy. The suit contends medical care is wholly inadequate to meet the medical needs of prisoners. On …
Article • July 15, 1994 • from PLN July, 1994
Photos Unlawful by Scott Lattany was a federal pretrial detainee representing himself pro se on criminal charges in Philadelphia. Lattany was taken from his cell to the jail parking lot where he and other prisoners were photographed by U.S. Marshalls. Lattany protested the picture taking as illegal and racist, one …
Article • July 15, 1994 • from PLN July, 1994
Texas Prison Reform Suit May Reopen by Tim Queen In 1972, a Texas state prisoner, David Ruiz, filed a lawsuit in Federal Court alleging many conditions in the Texas prison system violated the constitutional rights of those incarcerated. The suit was consolidated with other Texas prisoners' complaints and certified as …
Article • July 15, 1994 • from PLN July, 1994
Filthy Cell Standards Clarified by Two Nebraska jail prisoners, one convicted of a crime, one not yet convicted were moved into a jail cell containing a "toilet... covered with dried feces on both the inside and outside, the sink was covered with hair and vomit, the floor was covered with …
Article • July 15, 1994 • from PLN July, 1994
Change in Parole Hearings Violates Ex Post Facto by PLN readers may recall that in the December, 1993, issue we reported on the conflict within the ninth circuit on whether changing the frequency of parole board hearings violates the Ex Post Facto provisions of the constitution. In Powell v. Ducharme, …
No Right to Self-Defense in Prison by John Rowe is an Indiana state prisoner. A prisoner named Michael Evans was moved into a cell next to Rowe and Rowe complained to staff, who did nothing. Evans sent Rowe a note demanding sexual favors. The next morning Evans entered Rowe's cell …
Article • July 15, 1994 • from PLN July, 1994
Urinalysis is Search by Anthony Lucero is a Colorado state prisoner. He refused prison official's order to submit a urine sample for urinalysis testing and was infracted, found guilty and punished for refusing to obey an order. Lucero filed suit under § 1983 claiming that the urinalysis violated his rights …
RFRA Has Retroactive Application by Adherents of the Hebrew Israelite faith challenged Florida prison regulations which forbade their receipt of Hebrew Israelite literature. A class action suit challenging the censorship culminated with a victory for the prisoners at 641 F. Supp 312 in 1986. The court of appeals for the …
Article • July 15, 1994 • from PLN July, 1994
Transport of Prison Made Goods Illegal by Preston Glove Company is a Mississippi textile manufacturer who entered into a contract with Magnolia State Enterprises, a quasi governmental business incorporated pursuant to the Mississippi Prison Industries Act of 1990, for the use of prison laborers and Magnolia facilities. Under the contract …
Article • July 15, 1994 • from PLN July, 1994
Drug Use Legalized in Columbia by On May 5, 1994, Columbia's Constitutional Court (the equivalent of the US Supreme Court) voted five to four that a 1986 law permitting the arrest of someone for carrying a "personal dose" of drugs was a violation of the country's new constitution. Court president …
Prison Industries Supervisor Liable for Attack by Jay Holloway is a prisoner at the Iowa State Penitentiary (ISP). He was assigned to work in the prison industries building under the supervision of Ray Miller. While at work Holloway was attacked by four other prisoners who believed he had summoned a …
WA S.Ct. Upholds Sex Offender Registration by In 1990 the Washington state legislature passed RCW 9A.44.130(1) which requires that all persons who have been convicted of a sex offense and reside in Washington to register with the sheriff in the county in which they reside. Two sex offenders who had …
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