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Article • February 15, 1994 • from PLN February, 1994
Filed under: Commentary/Reviews, Reviews
Reviews by Paul Wright By Paul Wright Jail Suicide Update is a quarterly newsletter published by the National Center on Institutions and Alternatives. While focusing primarily on suicide prevention in jails its information is useful for prison administrators seeking to prevent suicides in prison as well as attorneys litigating custodial …
Article • February 15, 1994 • from PLN February, 1994
Attorneys File Briefs for Peruvian POW's by Paul Wright By Paul Wright On October 5, 1993, National Lawyers Guild (NLG) president Peter Erlinder and attorney Leonard Weinglass filed petitions with the Inter-American Commission on Human Rights on behalf of Abimael Guzman, the imprisoned chairman of the Communist Party of Peru …
Article • February 15, 1994 • from PLN February, 1994
Murder Incorporated by Bill Dunne By Bill Dunne The U.S. Bureau of Prisons recently designated the U.S. penitentiary at Terre Haute, Indiana, as the facility at which prisoners sentenced to death by the federal courts will be housed until they are executed by lethal injection. The federal government has never …
Article • February 15, 1994 • from PLN February, 1994
From The Editor by Paul Wright From the Editor By Paul Wright Welcome to another issue of PLN. You will notice that we are still experimenting with different formats. Our goal is to improve our appearance and at the same time make it more readable, just like the "real" magazines. …
Brief • January 18, 1994
Torres v. Dubois, MA, Complaint, Control Unit Conditions, 1994 COMMON1. EALTH OF MASSACHUSETTS Suffolk, ss. Superior Court Civil Action No. Victor Torres, Corey Glover, Mark MacDougall, Michael Leoney, Basil Williams, William Dinkins, William Robinson and Keith Parkinson, on behalf of themselves and all others similarly situated, Plaintiffs, v. Larry E. …
Article • January 15, 1994 • from PLN January, 1994
Making Con Drink from Toilet States Claim by Making Con Drink From Toilet States Claim Apro se prisoner at the Indiana State Prison, Craig Thomas, filed a civil rights claim under 42 U.S.C. § 1983. The complaint raised a number of issues, only one of which survived the state's motion …
No Cause of Action in Reversed Disciplinary Sanction by Victor Sowell is a New York state prisoner. He was infracted for inciting a riot, assault and disobeying a direct order. He was transferred to a different prison and placed in segregation prior to his disciplinary hearing. At the hearing Sowell …
Ninth Circuit Approves Oregon Control Unit Conditions by Paul Wright By Paul Wright This is a case which challenged numerous conditions of confinement at the Oregon State Penitentiary's Disciplinary Segregation Unit (DSU), which is a control unit. The ruling does not bode well for prisoners seeking to question such conditions. …
Classification Chief Liable for Attack by Classification Chief Liable For Attack Israel Nelson was convicted in an Ohio court of assaulting his common law wife and was sent to a medium security prison. His wife contacted him and informed him that her brother, a major cocaine dealer, was plotting to …
Article • January 15, 1994 • from PLN January, 1994
Conditions Habeas Requires Administrative Exhaustion by Raleigh Irby is a prisoner at the federal Metropolitan Correctional Center (MCC) in Chicago. He petitioned the district court for release under 28 U.S.C. § 2241 (the habeas corpus statute) because he was not receiving adequate medical treatment for severe congenital disk disease. The …
Article • January 15, 1994 • from PLN January, 1994
Common Law Right to Inspect Court Records by This is not a prison case but it involves a net maker's suing a competitor for theft of trade secrets. In the course of the litigation various documents were submitted under seal and protective order to the court. That litigation was settled. …
Article • January 15, 1994 • from PLN January, 1994
Visitor Cannot Withdraw Consent to Search Once Search Has Begun by Visitor Cannot Withdraw Consent To Search Once Search Has Begun This prison case comes to us via a suppression of evidence hearing in a federal drug prosecution. Arthur Spriggs went to visit a prisoner at the Lorton Reformatory, a …
WI Prisoners Not Entitled to Minimum Wage by In part of the continuing struggle to obtain minimum wages for their labor, five Wisconsin prisoners filed suit under the Fair Labor Standards Act (FLSA) 29 U.S.C. § 201 et seq. The Wisconsin prison industries program, under the name of Badger State …
BOP Must Disclose Program Statement by George Cowsen-El is a federal prisoner at Marion, Illinois. He filed a Freedom of Information Act (FOIA) request with the Bureau of Prisons (BOP) seeking disclosure of BOP program statement 5511.2, which deals with stand up counts. He also sought disclosure, under the Privacy …
Article • January 15, 1994 • from PLN January, 1994
MI Hearing Officers Have Absolute Immunity by James Sullivan is a Michigan state prisoner. He was infracted for having a urinalysis test that indicated marijuana use. At his disciplinary hearing he stated he had been using the legal pain killer and anti-inflammatory Ibuprofen, which was sold in the inmate store. …
Article • January 15, 1994 • from PLN January, 1994
Bankruptcy Appeal Filed When Mailed by Three Pennsylvania state prisoners appealed the dismissal of their appeals from bankruptcy court after the district court held the appeal was untimely. Bankruptcy appeals must be filed within ten days, and in this case the prisoners gave their appeals to prison officials within the …
Article • January 15, 1994 • from PLN January, 1994
Exposure to Cold Weather States Claim by Ronald Chandler is a Missouri state prisoner. He filed suit claiming that prison officials violated his constitutional rights by providing a dining room too small to accommodate all the prisoners in his housing unit at once; poorly supervising the noisy and chaotic dining …
Article • January 15, 1994 • from PLN January, 1994
Parole Commission Guidelines Not Ex Post Facto by The federal prisoner in this case, Noble Simpson, filed a pro se habeas corpus petition against the U.S. Parole Commission. Simpson's suit challenged, on ex post facto grounds, the Commission's application at his second parole hearing of it's guidelines which were not …
Nominal Damages in Eighth Amendment Claim Upheld by Rederick Cummings was accused of attempting to rape a prison employee. During the course of "investigating" the rape allegations prison officials beat Cummings several times. Cummings filed suit alleging that the beatings violated his eighth amendment rights. At trial a jury found …
Article • January 15, 1994 • from PLN January, 1994
WA DNA Identification Statute Upheld by District Court by The state of Washington has adopted legislation requiring prisoners convicted of sex offenses or violent crimes to submit to a blood draw in order to provide officials with DNA identification information. Joe Ryncarz filed a pro se 42 U.S.C. section 1983 …
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