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Prison Medical Treatment Law Explained
Article • December 15, 1993 • from PLN December, 1993
Filed under: Medical, Systemic Medical Neglect, Gastrointestinal, Food, Eighth Amendment, Complaints
Prison Medical Treatment Law Explained by APennsylvania state prisoner brought a 42 U.S.C. § 1983 complaint against a prison doctor and hospital administrator, alleging that the medical treatment provided to him violated the eighth amendment to the U.S. constitution. The defendant hospital workers moved to dismiss the complaint pursuant to …
Lead Poisoning
Article • December 15, 1993 • from PLN December, 1993
Filed under: Conditions of Confinement, Toxic Fumes/Chemicals, Plumbing, Water
Lead Poisoning by Ronald Wren by Ronald Ronniel Wren There is no proper way to explain how vital "lead poisoning" is without causing alarm. I am writing this in the hopes that prisoner advocates will step forward and explore the lead poisoning problem in the institutions in which they are …
Retaliation for Legal Action States Claim
Article • December 15, 1993 • from PLN December, 1993
Filed under: Retaliation for Litigating, Disciplinary Hearings, Liberty Interests, Retaliatory Discipline, Qualified Immunity
Retaliation for Legal Action States Claim by Eric Schroeder is a Hawaii state prisoner. While at a minimum security prison he was assigned to a work crew under the supervision of a guard he had previously sued. Schroeder claims that the guard threatened him, used anti-semitic slurs and falsely infracted …
A Call for an Investigation of the U.S. Parole Commission
Article • December 15, 1993 • from PLN December, 1993
Filed under: Sentencing, Parole
A Call for an Investigation of the U.S. Parole Commission by Elton Winchester By Elton R. Winchester #31778-138, Leavenworth The Sentencing Reform Act (SRA) that went into effect in Novermber of 1987, abolished parole and the U.S. Parole Commission (USPC). Section 235(b)(3) of the SRA required the USPC to hear …
From The Editor
Article • December 15, 1993 • from PLN December, 1993
Filed under: Commentary/Reviews, Editorials
From The Editor by Paul Wright From the Editor Welcome to another issue of PLN . The big news at this point is that Ed was recently paroled from the Washington DOC to a federal detainer and from there released by the feds. When we started PLN back in 1990 …
Cop's Perjury Conviction Upheld
Article • December 15, 1993 • from PLN December, 1993
Filed under: Police Misconduct, Crime/Demographics, Criminal Prosecution, Guard Brutality/Beatings
Cop's Perjury Conviction Upheld by Normally PLN does not report on criminal cases but we thought this one might interest our readers. R.B. Springer was a Houston policeman. A Texas grand jury questioned him about numerous complaints of brutality and choking of prisoners and suspects. Springer denied any knowledge or …
Hemphill v. Kincheloe, WA, Order, TRO Costs From Prisoners, 1993
Brief • December 14, 1993
Hemphill v. Kincheloe, WA, Order, TRO Costs From Prisoners, 1993 . FAX NO. 6197765813 .-f)~C-14-93.JUg. 13.:}6 _''- HI aJRJRJ. ~qu~U- D~RT I ~ ~ ~ DEC 14 1993 1 -------~ s , • 7 WITBD ITATI. DIIDIC! :JUT" 'laift~iff II DI.'1'U~ Olf ~ WUJaNGTOlf IUD!Pnu., . DOHA%ab D. I 10 …
Watters v. State of Washington, WA, Judgment, Parole Rape, 1993
Brief • December 9, 1993
Filed under: Probation, Parole & Supervised Release
Watters v. State of Washington, WA, Judgment, Parole Rape, 1993 . ( , . ~. ;;, ....... •. , T' , ~J- 1 2 3 " 4 5 SUPERIOR COURT OF WASHINGTON FOR COUNTY OF THURSTON 6 MELANIE W. WATTERS, ) ) ) 7 Plaintiff, 8 ) ) ) VS. …
Irby v. State of Washington, WA, Complaint, Fall in Shower Accident, 1994
Brief • December 8, 1993
Irby v. State of Washington, WA, Complaint, Fall in Shower Accident, 1994 1 2 lR? § @@;U\Y1@;1DJ 3 . DEC f 3 1993 4 ATTORNEY GENERAL'S OFFICE TORT DIV. - OLY. 5 6 7 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE CO~~Y OF KING …
McBride v. State of Washington, WA, Complaint for Damages, Probationer Rape, 1993
Brief • November 30, 1993
McBride v. State of Washington, WA, Complaint for Damages, Probationer Rape, 1993 ·!~~~pax,r ~§@§D\Yl~[OJ NOV 3 01993 DEC -' 6 1993 2 C~shi{).r SectJC11 StJperlCr Ccurt Cisr'~ ATIORNEY GENERAL'S OFFICE TORT DIV. - OLY. 3 4 SUPERIOR COURT OF THE STATE OF WASHINGTON FOR KING COUNTY 5 6 ) ) …
Standard for Modifying Consent Decrees Explained
Article • November 15, 1993 • from PLN November, 1993
Filed under: Conditions of Confinement, Overcrowding, Consent Decrees
Standard for Modifying Consent Decrees Explained by Standard For Modifying Consent Decrees Explained In 1976 prisoners in the Hamilton County, OH, jail filed suit challenging their conditions of confinement. The parties entered into a consent decree which settled all claims. Within five weeks of the decree's entry, in 1985, the …
No Right to Forfeit Goodtime
Article • November 15, 1993 • from PLN November, 1993
Filed under: Political Prisoners, Disciplinary Hearings, Liberty Interests, Good Time
No Right to Forfeit Goodtime by Helen Woodson was a federal prisoner serving twelve years on four counts of destroying government property arising out of protests at ICBM missile sites. She is a member of the Plowshares, a Christian group that takes literally the bible's command to beat swords into …
Statement of Claim Must Rely Solely on Complaint
Article • November 15, 1993 • from PLN November, 1993
Filed under: Excessive Force, Guard Brutality/Beatings, Complaints, Appeals
Statement of Claim Must Rely Solely on Complaint by Scott Swoboda was a jail detainee in Doniphan County, Kansas. He filed suit under § 1983 over numerous conditions of confinement at the county jail. The district court dismissed the suit pursuant to Fed.R.Civ.12(b)(6), concluding that the lawsuit failed to state …
WI Ad Seg Rules Don't Create Liberty Interest
Article • November 15, 1993 • from PLN November, 1993
Filed under: Disciplinary Hearings, Liberty Interests, Ad-Seg Hearings
WI Ad Seg Rules Don't Create Liberty Interest by Wisconsin regulations governing the transfer of state prisoners to "temporary lockup" status do not create a protected liberty interest under the fourteenth amendment due process clause, a majority of the Wisconsin supreme court ruled June 3, 1993. The majority agreed with …
Chain of Custody on Urine Sample
Article • November 15, 1993 • from PLN November, 1993
Filed under: Evidentiary Ruling (Disciplinary Hearings), Searches, Drug Testing
Chain of Custody on Urine Sample by Federal courts in New York have held that due process requires a prison disciplinary body to establish a reasonably reliable chain of custody as a foundation for introducing the results of urinalysis tests into evidence at prison disciplinary hearings. This chain of custody …
Prosecutorial Liability Explained
Article • November 15, 1993 • from PLN November, 1993
Filed under: Prosecutor/Attorney General Misconduct, Habeas Corpus, Immunity/Liability, Prosecutorial Immunity
Prosecutorial Liability Explained by Stephen Buckley sought damages, under 42 U.S.C. § 1983, from prosecutors for fabricating evidence during the preliminary investigation of a highly publicized rape and murder case in Illinois, and for making false statements at a press conference announcing the return of an indictment against him. He …
Stop the Forced Psychiatric Treatment of Georges Cipriani
Article • November 15, 1993 • from PLN November, 1993
Filed under: Political Prisoners, Prisoners-International, Mental Health, Involuntary Treatment/Drugging
Stop the Forced Psychiatric Treatment of Georges Cipriani by Stop the Forced Psychiatric Treatment of Georges Cipriani! Georges Cipriani was captured in February, 1987 together with three other militants of Action Directe in France. The French government charged them with several armed actions against the military industrial complex and NATO. …
Section 1983 Not Estopped by State Court Ruling
Article • November 15, 1993 • from PLN November, 1993
Filed under: Disciplinary Hearings, Disciplinary Litigation, Informants (Disciplinary Hearings), Witnesses (Disciplinary Hearings), Damages, Estoppell
Section 1983 Not Estopped by State Court Ruling by Santiago Ramirez is a New York state prisoner. An informant told a prison sergeant that Ramirez had a shank concealed in his cell. Acting on this information Ramirez's cell was searched and a shank was found. Ramirez was infracted and at …
Pages from a Jailhouse Journal
Article • November 15, 1993 • from PLN November, 1993
Filed under: Commentary/Reviews, Judiciary
Pages from a Jailhouse Journal by Nick DiSpoldo By Nick DiSpoldo The present Supreme Court, led by Chief Justice William Rehnquist, has modified nearly all of the rights granted prisoners under the Warren court (1953 -- 69). Mr. Rehnquist, whom I suspect serves as technical advisor for television's Night Court …
Florida Conditions Victory Reversed
Article • November 15, 1993 • from PLN November, 1993
Filed under: Prisoner-Prisoner Assault, Guard Misconduct, Conditions of Confinement, Failure to Protect (General), Injunctions, Complaints, Juries
Florida Conditions Victory Reversed by This 42 U.S.C. § 1983 case was initiated by ten present and former prisoners at Glades Correctional Institution (GCI) in Florida. They sought money damages and injunctive relief for cruel and unusual punishment and other unconstitutional conditions of confinement. The district court held a trial …
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