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Article • February 15, 1994 • from PLN February, 1994
Estate Proper Party When Defendant Dies by Jerry Young is a New York state prisoner. He filed suit under § 1983 claiming that Terry Patrice, a prison guard, had beaten him. During the pendency of the suit it appears that Patrice died. The attorney general filed a motion to dismiss …
What's Wrong in the Ohio DOC? by John Perotti It's been almost a year since the end of the siege at Lucasville. During this time investigations have been conducted by the State Legislature, State Highway Patrol and Scioto County Prosecutor's Office. The mass media has focused on "crimes" committed during …
Article • February 15, 1994 • from PLN February, 1994
California DOC Starts Use of Electric Fence by On November 8, 1993, guards threw the switch on an electric fence surrounding the maximum security prison at Calipatria, CA. The $1.5 million fence stands 13 feet high, erected in a no man's land between two 12 foot fences topped with razor …
Third Circuit Announces Rules for Appointment of Counsel by Harvey Tabron is a Pennsylvania state prisoner. He sued prison officials claiming they had failed to protect him from attack by another prisoner. In the course of the litigation Tabron requested that the district court appoint counsel to represent him, order …
Article • February 15, 1994 • from PLN February, 1994
Involuntary PC Violates Due Process by Gregory Howard is a Michigan state prisoner. Howard was a prisoner at the state prison in Jackson when he requested placement into protective custody (PC) for protection from asserted enemies in the general prison population. He was transferred to a close custody prison for …
Article • February 15, 1994 • from PLN February, 1994
Filed under: Money/Property, Interest
Prisoner Entitled to Interest From Prison Account by Prisoner Entitled To Interest From Prison Account Lester Tellis is a Nevada state prisoner. He requested that prison officials credit his personal property account with the interest actually earned on those funds. The officials refused, claiming that Nevada Revised Statute 209.241 grants …
Article • February 15, 1994 • from PLN February, 1994
Twenty-Seven Cons Die in El Salvador Riot by On November 19, 1993, prisoners at the San Francisco Javier prison in eastern El Salvador rioted. The four hour battle between rival gangs left 27 prisoners dead and thirty wounded, they were hacked, beaten or burned to death. Autopsy reports showed the …
Article • February 15, 1994 • from PLN February, 1994
No Right to TV Interviews by Walter Johnson is a Kansas state prisoner. The television news program Hard Copy sought to conduct a face-to-face interview with Johnson. Johnson had communicated with the program by phone and mail. After initially being denied access to the prison, Hard Copy reiterated its request …
Delay of Medical Care States Claim by Willie Harris was a pretrial detainee in the Coweta County, Georgia, jail. When he was arrested his hand was injured by tight handcuffs. Upon arrival at the jail, on September 6, 1990, he requested treatment for the injury. He was seen by the …
Article • February 15, 1994 • from PLN February, 1994
City Liable for Negligent Medical Care by Sean Simpkins was a pre-trial detainee in New York City. While in custody he was taken to the city owned hospital at Bellevue for sinus surgery. Instead of operating where indicated by a CAT scan the doctor operated on the wrong sinus resulting …
Ninth Circuit Upholds Ban on Attorney Contact Visits by This is a class action suit filed by Arizona state prisoners. They sued on two issues. First, they contend that the Arizona DOC's policy and practice of banning all contact visits between prisoners and their attorneys at various prisons violates their …
Article • February 15, 1994 • from PLN February, 1994
Qualified Immunity Law Clarified by Joseph Rankin was a pretrial detainee in the Harris County, Texas, jail. While awaiting a court appearance in a large holding cell a disturbance broke out after female prisoners passed in front of the cell. A deputy sheriff removed Rankin from the cell and, according …
Article • February 15, 1994 • from PLN February, 1994
How to Secure the Attendance of Witnesses at Trial by Paul Wright By Paul Wright Most prisoner civil rights claims are filed by prisoner litigants who are representing themselves because they either cannot afford or cannot obtain counsel to do so. They can rarely afford to pay the relevant filing …
Article • February 15, 1994 • from PLN February, 1994
Filed under: Court Access, Judiciary
Rule of Law or Rule of Five? by Mark Tushnet By Mark Tushnet During her confirmation hearings Ruth Bader Ginsburg repeatedly described the role of the Supreme Court Justice as one of enforcing the rule of law. When she begins to work on the Court's cases, though, she may find …
Officials Must Assess Informant's Credibility by Kevin Richardson is a New York state prisoner. In 1985 he was infracted for allegedly stabbing James Caroline, another prisoner. At the disciplinary hearing Caroline submitted a statement on Richardson's behalf stating that Richardson was not the assailant. The hearing officer heard testimony, outside …
Article • February 15, 1994 • from PLN February, 1994
More Censorship and Repression in Indiana by On November 7, 1993, guards at the Maximum Control Complex (MCC) in Westville, Indiana, searched the cell of Shaka Shakur seeking to confiscate all copies of Human Rights Held Hostage , a civil/human rights publication. Not finding any copies they searched the other …
Article • February 15, 1994 • from PLN February, 1994
Filed under: Crime/Demographics, Crime
Class Differences in Crime Control by Ed Mead By Ed Mead The other day a prisoner at a women's prison wrote and asked me how we, as revolutionaries, would handle crime problems differently than the existing government is now doing. The biggest difference would be both a social and an …
Article • February 15, 1994 • from PLN February, 1994
Loved One in Prison? by As a writer and spouse of an incarcerated man, I am putting together a book to help people deal with the problems involved in having a loved one in prison. Through the initial detainment, trial, jail time and resulting imprisonment, the family on the outside …
Article • February 15, 1994 • from PLN February, 1994
Shackling of Con Litigants Discussed by Joe Woods is an Illinois state prisoner. He sued prison officials claiming his eighth amendment rights were violated when they did not feed him for two days during a lockdown. A jury ruled in favor of the prison official defendants. Woods appealed claiming that …
Court Upholds Silencing of Dan Quayle's Drug Supplier by Brett Kimberlin is a federal prisoner serving a 51 year sentence on drug and weapons charges. He briefly gained a bit of notoriety during the 1988 presidential campaign when he claimed that he had supplied drugs to George Bush's vice-presidential running …
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