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Article • June 15, 1994 • from PLN June, 1994
Stun Gun Use Violates Constitution by J.B. Hickey was an Arkansas state prisoner in the Pulaski County jail awaiting transfer to the penitentiary. Jail officials ordered him to clean his cell and he refused. Jail deputies told Hickey they would shoot him with a stun gun unless he cleaned his …
ISR Seg Conditions Suit Not Frivolous by Twelve prisoners in the segregation unit of the Indiana State Reformatory (ISR) filed suit challenging their conditions of confinement. They claimed that their right to freely practice their religious faith was violated when they were denied access to religious programs; their right of …
Article • June 15, 1994 • from PLN June, 1994
Repression Ohio Style by John Perotti By John Perotti On April 14, 1994, the 60th day of a hungerstrike by Danny Cahill (see PLN, April, 1994), state representatives Rhine McLin and Samuel Bateman ordered Lebanon Correctional Institution officials to take them to Danny's isolation cell. Danny had been experiencing daily …
NV Disciplinary Seg Rules Create Liberty Interest by Andrew Walker was a federal prisoner housed in the Nevada state prison system. During a cell search guards found a knife in Walker's cell. After the knife was found, Walker was placed in segregation. Prison officials claimed it was administrative segregation (ad …
Article • June 15, 1994 • from PLN June, 1994
Fed Death Penalty Biased by In 1988 federal law was amended to allow for the execution of drug dealers who committed murder in the furtherance of their drug enterprises. Since the law came into effect the Justice Department has sought the death penalty in 37 cases. Of the 37 defendants …
Rape Victim States Claim by James Johnson is a Connecticut state prisoner. He filed suit against various prison officials claiming they were deliberately indifferent to his physical safety after he was placed in a cell with a prisoner who had a known history of sexual assaults who raped him. He …
Article • June 15, 1994 • from PLN June, 1994
Three Strikes Racks 'em Up by Paul Wright Three Strikes Racks 'Em Up By Paul Wright In November of 1993 voters in Washington state passed Initiative 593 which mandates life without parole for defendants convicted of one of 42 qualifying felonies for the third time. PLN covered the initiative process …
Law Students Entitled to Attorney Fees by Ten prisoners at the District of Columbia's prison in Lorton, VA, filed suit claiming they had been shackled, handcuffed and severely beaten by prison guards. They were then infracted, found guilty and placed in segregation without due process. Unable to afford counsel the …
CO Affirms Right to Impartial Hearing Board by C. Frank Villa is a Colorado state prisoner. He was infracted for allegedly throwing food at a prison guard. At his disciplinary hearing Villa learned that the guard in question, who also issued the disciplinary report, had phoned one of the disciplinary …
Article • June 15, 1994 • from PLN June, 1994
AZ Prison Blues by Reader Mail In Arizona prisoners are allowed a TV, stereo, typewriter, fan, electric razor, reading lamp and a hot pot. Yet the Director of Prisons claims that it is the hot pots which use the most electricity thus he is banning hot pots! He also wants …
Hog-Tying Violates 8th Amendment by Eugene Littlewind is a North Dakota state prisoner. In 1988 Littlewind and three other prisoners attacked a guard in the North Dakota Penitentiary segregation unit. After the attack, Littlewind cooperated with guards and was taken to the prison's observation unit. Once there he was stripped …
Article • June 15, 1994 • from PLN June, 1994
Evidentiary Hearing Cannot Replace Trial in Beating Suit by Clifton Johnson is an Arkansas state prisoner. He filed suit under 42 U.S.C. § 1983 alleging that prison guards had beat, kicked and stomped him without provocation when he requested his property in the prison segregation unit. A magistrate held an …
Article • June 15, 1994 • from PLN June, 1994
DOJ Seeks More Money for Prisons by On February 7, 1994, President Clinton submitted his proposed budget for fiscal year 1995 to congress. The Department of Justice (DOJ) is slated to receive $13.652 billion, a $2.679 billion increase over the 1994 budget. This figure includes $2.423 billion that the administration …
Habeas Doesn't Bar Section 1983 by Ronald Rhodes is a Kansas state prisoner. He was placed in segregation by prison officials claiming he was planning an outbreak of racially motivated violence in the prison mess hall. He was never given written notice of the grounds for placing him in segregation. …
Article • June 15, 1994 • from PLN June, 1994
A Call to Reason by Pat O'Connell By Pat O'Connell The recent news about an ex-murderer being promoted to assistant sheriff of the San Francisco Sheriff's department shouldn't really be such a unique news item but the story got me to thinking about why it would make headlines. Michael Marcum …
Religious Freedom Restoration Act Passed by Congress has passed, and President Clinton has signed into law, the Religious Freedom Restoration Act of 1993, Public Law 103-141. The new statute was passed without an exemption for prisons and jails requested by law enforcement officials including the Attorney Generals of 26 states …
Article • June 15, 1994 • from PLN June, 1994
Why the Mighty GE Can't Strike Out by William Greider Led by Bill Clinton, the crime fighters of Washington have hit upon a wondrous new weapon for stomping on criminals: Three crimes of violence, from armed robbery and murder, the judicial remedy will be permanent. Lock 'em up for life …
Article • June 15, 1994 • from PLN June, 1994
RICO Expanded by Supreme Court by Ray Luc Levasseur On January 24, 1994 the U.S. Supreme Court unanimously ruled that the Racketeering Influenced Corrupt Organizations (RICO) law does not require proof of economic motive, National Organization of Women, et. al. v. Joseph Scheidler, et. al. The court's decision clears the …
Article • June 15, 1994 • from PLN June, 1994
Court Allows Video Commitment Hearing by Leroy Baker is a federal prisoner who was scheduled for a hearing to determine if he would be committed to a mental health facility. While there is nothing unusual about such hearings, this one was conducted by means of "teleconferencing" whereby Baker and his …
Infraction No Double Jeopardy Bar by Gene Newby and Raynaldo Barber were federal prisoners convicted in US District Court of assaulting and interfering with BOP guards. Prior to being criminally convicted they had been infracted and found guilty, in a prison disciplinary hearing, of the same charges. As a result …
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