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Article • August 15, 1995 • from PLN August, 1995
8th Amendment Discussed by In a lengthy ruling a district court in Iowa gave an extensive discussion of the history of the eighth amendment and numerous cases regarding its application to medical neglect cases. This case is useful not so much for the facts or issues presented in the underlying …
Detainees Entitled to Non-Punitive Conditions by Pretrial detainees, who have not been convicted of any crimes, may not be punished in any manner. This includes housing them in jail conditions that could be construed as punitive. Dale Miller filed suit over conditions at the Cook County (Chicago) Jail. He claimed …
Pelican Bay Ruling Issued by One prisoner publication hailed it as "A Moral Victory for Prisoners." The headline in a correctional trade magazine proclaimed "State Wins Pelican Bay Suit." Interpreting the 345-page Madrid v. Gomez opinion is difficult at best, and as shown by the contrasting headlines above, a reader's …
Helms Amendment Ruled On by In the December, 1994, issue of PLN we analyzed various provisions of the federal crime bill that was passed that year. One of the provisions was the Helms amendment which limited the relief that federal courts could grant in class action suits brought by prisoners …
Article • July 15, 1995 • from PLN July, 1995
Litigation Status Report Available by The National Prison Project of the ACLU has issued its latest, updated status report on state prisons and the courts. The report gives a detailed listing, by state, indicating which prisons and prison systems are under court order or consent decrees to limit their populations …
Appointment of Counsel by In the February, 1994, issue of PLN we extensively discussed the third circuits ruling in Tabron v. Grace, 6 F.3d 147 (3rd Cir.1993) which set forth the standards district courts should use when ruling on pro se prisoner plaintiffs motion for appointment of counsel. The ruling …
Qualified Immunity Granted for Denial of Exercise by In the May, 1994, issue of PLN we reported Allen v. City and County of Honolulu, 39 F.3d 936 (9th Cir. 1994) which held that prison officials were not entitled to qualified immunity for denying a segregated prisoner at least one hour …
Article • July 15, 1995 • from PLN July, 1995
Denial of Food May Violate Eighth Amendment by As district court in New York has held that depriving a prisoner of all meals for a two day period may violate the eighth amendment when imposed as a punitive sanction. Sean Williams is a New York prisoner confined in a control …
Article • July 15, 1995 • from PLN July, 1995
TDCJ Selling Counterfeit Meat by The Texas Department of Criminal Justice(TDCJ) is getting into the fast food business. This is a new and different type of fast food, though. What makes it a fast is how fast prisoners whisk their trays to the garbage can to dump the fake soy-based …
Article • July 15, 1995 • from PLN July, 1995
Violence Increases in Fed Prisons by BOP records show an increase of violence at the five older U.S. Penitentiaries at Atlanta, Leavenworth, Lewisburg, Lompoc and Terre Haute. Statistics from the two newer prisons at Florence and Allenwood are not yet available. BOP records show that prisoner assaults on guards increased …
PA Class Action Settlement Published by The October, 1994, issue of PLN reported that on August 12, 1994, attorneys representing all Pennsylvania state prisoners had reached a settlement with prison officials of that state regarding almost every aspect of prison conditions in that state. The district court has published the …
Article • July 15, 1995 • from PLN July, 1995
4th Cir. Clarifies IFP Dismissal Standard by The court of appeals for the fourth circuit has limited the discretion of district courts to dismiss suits filed in forma pauperis (IFP) on grounds of frivolousness where the court believes the complaint is untimely. The court also discussed when a cause of …
Excessive Force Jury Instructions Affirmed by Robert Baker is a Missouri state prisoner. He filed suit under 42 U.S.C. § 1983 claiming that his eighth amendment rights were violated when prison guards swept garbage and water into his cell after which he fell and injured himself. While being taken to …
Article • June 15, 1995 • from PLN June, 1995
Grand Jury Slams FL Prison, Again by Paul Wright By Paul Wright Glades Correctional Institute (GCI) is a medium security prison located near West Palm Beach in Florida GCI is no stranger to controversy. In PLN, Vol. 5, No. 9, we reported audits showing that GCI officials were paying $5.42 …
Article • June 15, 1995 • from PLN June, 1995
Pen, Photocopies and Exercise Must Be Provided by Prisoners held in segregation and control units have a clearly defined right to court access, which includes proper writing materials and adequate writing materials. They also have a well defined right to outdoor exercise. John Allen and Terry Smith are Hawaii state …
Article • June 15, 1995 • from PLN June, 1995
VA Jails Sue State Prisons by On 30 January 1995, the sheriffs of Arlington, Alexandria and Richmond filed a lawsuit to force the state to remove its prisoners from their jails. The suit was filed in circuit court in Richmond. It says the Virginia DOC is violating a state law …
Turner Applied to Rehabilitation Act Claims by Prisoners at the California Medical Facility (CMF) in Vacaville filed a class action suit challenging the adequacy of medical care and the overall treatment afforded to prisoners at the facility, especially those who were HIV positive or had AIDS. Before trial the parties …
DOJ Sues MT DOC by On December 1, 1994, the federal Department of Justice (DOJ) sued the Montana Department of Corrections about overcrowding, safety and health problems in the Montana DOC. This lawsuit comes after an earlier suit against the Montana DOC filed by the ACLU was settled by the …
Article • June 15, 1995 • from PLN June, 1995
AZ DOC Takes Weights by In December, 1994, the Arizona DOC completed its project of removing all weight lifting equipment from its prison system. The weight equipment was donated by the DOC to various schools and non profit organizations with athletic programs. This is part of the long running campaign …
Article • June 15, 1995 • from PLN June, 1995
Prison TV: Aid and Comfort to the Enemy by Adrian Lomax I've been serving time in Wisconsin prisons since 1980. A lot of changes in the way these joints are run have come down the pike in that time, almost all of them for the worse: less recreation, less visiting, …
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