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Elements of Jail RICO Suit Explained
Article • October 15, 1993 • from PLN October, 1993
Filed under: Retaliation for Litigating, Excessive Force, Guard Brutality/Beatings, Summary Judgment, RICO
Elements of Jail RICO Suit Explained by Billy Joe Ashe is a Montgomery County, Texas, prisoner. He filed suit claiming that in retaliation for filing suit against members of the Sheriff's Department he and his co-plaintiff, and their prisoner witnesses, were subjected to a frightening pattern of physical violence and …
Right to Die Rulings Grow
Article • October 15, 1993 • from PLN October, 1993
Filed under: Discrimination, Disabled Prisoners, Hunger Strikes
Right to Die Rulings Grow by A quadriplegic prisoner and a woman imprisoned in a persistent vegetative state occasioned recent "right to die" rulings in two states. The California Supreme Court ruled unanimously that a quadriplegic prisoner who is not terminally ill but who must be assisted by others to …
BOP Not Liable for Guard Raping Prisoner
Article • October 15, 1993 • from PLN October, 1993
Filed under: Sexual Assault, Staff-Prisoner Assault, Guard Misconduct, Gender Discrimination -- Women, Federal Tort Claims Act
BOP Not Liable for Guard Raping Prisoner by Lisa Flechsig was a prisoner at the federal women's prison in Lexington, Kentucky. After undergoing surgery she was taken to a local doctor's office for follow up treatment. BOP guard Bruce Trent was assigned to escort Flechsig to the doctor's office. En …
Right to Hot Water Clearly Established
Article • October 15, 1993 • from PLN October, 1993
Filed under: Plumbing, Water, Immunity/Liability, Qualified Immunity
Right to Hot Water Clearly Established by Philip Mathews is an Illinois state prisoner. While he was confined in the segregation unit of the Stateville prison he was held in a cell without hot water for eleven months. His repeated oral and written requests that the hot water be fixed …
From The Editor
Article • October 15, 1993 • from PLN October, 1993
Filed under: Commentary/Reviews, Editorials
From The Editor by Paul Wright From the Editor Welcome to another issue of PLN . Lately we have been sending out a lot of sample issues of PLN to encourage new subscribers. In August we sent an issue to every prison law library in the US. If our prison …
Florida Builds More Prisons
Article • October 15, 1993 • from PLN October, 1993
Filed under: Crime/Demographics, Crime, State Legislation
Florida Builds More Prisons by The Florida state legislature in late May approved a plan to spend $215 million on prison construction and also voted to overhaul state sentencing guidelines. The expansion package, which passed during a special legislative session called by Gov. Lawton Chiles, will add 10,524 beds to …
Exposure to Secondary Smoke Can State Claim
Article • September 15, 1993 • from PLN September, 1993
Filed under: Smoking, Eighth Amendment, Civil Procedure, Injunctions, Expert Witnesses
Exposure to Secondary Smoke Can State Claim by Donald McKinney was a Nevada state prisoner who filed a civil rights complaint against prison officials, pursuant to 42 U.S.C. § 1983, claiming that his involuntary exposure to environmental tobacco smoke (ETS) from his cellmate's and other inmates' cigarettes posed an unreasonable …
New Prisoner Resource Guide Available
Article • September 15, 1993 • from PLN September, 1993
Filed under: Commentary/Reviews, Resources
New Prisoner Resource Guide Available by The Prisoner Rights Union in California has published their 1993-94 Resource Guide. While the guide will be especially useful to prisoners in California it contains a lot of helpful information for prisoners anywhere. It is 56 pages long and literally filled with information. For …
Guatemalan Prison Riot
Article • September 15, 1993 • from PLN September, 1993
Filed under: Prison Rebellion, Crime/Demographics, Escapes, Prisoners-International
Guatemalan Prison Riot by Some 1,000 prisoners of Pavocinto penitentiary near Guatemala City who took over the prison grounds on April 11, 1993, allowed authorities back in on April 13, 1993, after a 30 hour standoff. In exchange, the government promised that living conditions in the prison would be improved. …
German Geriatric Prison
Article • September 15, 1993 • from PLN September, 1993
Filed under: Classification, Geriatric Classification, Prisoners-International
German Geriatric Prison by Germany may have the most humanitarian prison in existence today. [ Editors note: They may also have the most inhumane prison as well, the notorious Stammheim prison is where the sensory deprivation isolation now in widespread use across the world was first developed in the mid-70's …
Harassment of Jailhouse Lawyer Violates Access to Courts
Article • September 15, 1993 • from PLN September, 1993
Filed under: Prisoner Legal Assistance, Paralegals, Civil Procedure, Standing
Harassment of Jailhouse Lawyer Violates Access to Courts by Aprison guard's harassment of inmate paralegals is actionable under 42 U.S.C. § 1983 as a violation of other prisoners' right of access to the courts, which was recognized as a constitutional right in Bounds v. Smith , 430 U.S. 817 (1977), …
Placing Con in Cell with Dying PWA Doesn't State Claim
Article • September 15, 1993 • from PLN September, 1993
Filed under: HIV/AIDS, Federal Statutory Law, Federal Tort Claims Act
Placing Con in Cell with Dying PWA Doesn't State Claim by Woodrow Johnson is a federal prisoner confined at FCI Talladega, Alabama. The suit was instituted pro se pursuant to the Federal Tort Claims Act (FTCA), 28 U.S.C. § 2674, Bivens v. Six Unknown Named Agents , 403 U.S. 388, …
NYC Jails Breeding TB
Article • September 15, 1993 • from PLN September, 1993
Filed under: Medical, Tuberculosis
NYC Jails Breeding TB by New York City's jails are a breeding ground for tuberculosis, with inmates 10 times as likely to catch the disease as the general public, according to a city report. "The New York City jail system may be an important amplification point in the ongoing tuberculosis …
AIDS Patient Released from Jail
Article • September 15, 1993 • from PLN September, 1993
Filed under: HIV/AIDS, Crime/Demographics, Informants, Crime
AIDS Patient Released from Jail by Gregory Scarpa is a pretrial detainee with full-blown AIDS. He is an alleged mafia captain awaiting trial on charges of racketeering, various murders, murder conspiracies, etc. While on bail previously he was involved in a shoot out and, according to the government, continued his …
Should You Tell a Potential Employer You're an Ex-Felon?
Article • September 15, 1993 • from PLN September, 1993
Filed under: Work, Prison Labor, Disclosure of Records
Should You Tell a Potential Employer You're an Ex-Felon? by John Adams By John Adams I'm a prisoner at the Washington State Penitentiary in Walla Walla, Washington, as well as a student at the Walla Walla Community College currently working for my AAAS degrees in Business Management and Bookkeeping. All …
Death Squads and Prison Protests in Ecuador
Article • September 15, 1993 • from PLN September, 1993
Filed under: Police Misconduct, Prison Rebellion, International, Prisoners-International
Death Squads and Prison Protests in Ecuador by According to a note sent to the police in Guayaquil, Ecuador, on April 12, 1993, a death squad called the "Anti-Crime Clean Up Squad" has claimed responsibility for the death of six common criminals and promised the shooting of another seven. The …
English Only Rule Not Applicable to Group Prayers
Article • September 15, 1993 • from PLN September, 1993
Filed under: Disciplinary Hearings, Legality of Rules, Interpreters, Denial of Religious Services
English Only Rule Not Applicable to Group Prayers by Aprison rule requiring prisoners to communicate in the "English language only" can not reasonably be construed to apply to prayers, the U.S. Court of Appeals for the Ninth Circuit held in a civil rights case. Therefore, the court concluded, prison officials …
The Telephone Game
Article • September 15, 1993 • from PLN September, 1993
Filed under: Contractor Misconduct, DOC/BOP misconduct, Crime/Demographics, Criminal Prosecution, Telephone Rates
The Telephone Game by Nearly a year and a half after a scandal about purchasing involving the North Carolina Coin Tel Company has passed. The grand jury has finally indicted two people in the illegal activities. The indictments handed down against D.R. Hursey and Michael A. Weaver focus on a …
Campaign of Repression
Article • September 15, 1993 • from PLN September, 1993
Filed under: Retaliatory Discipline, Conditions of Confinement, Reading Materials, Prisoner Property
Campaign of Repression by Mumia Abu-Jamal By Mumia Abu Jamal The most repressive regime in America just got more repressive. In November, 1992, the Pennsylvania (PA) Department of Corrections implemented revised administrative directives 801/802. [ Editors Note: These rules affect only prisoners in administrative and disciplinary segregation. ] With planned …
FLA Death Penalty Games
Article • September 15, 1993 • from PLN September, 1993
Filed under: Public Defenders, Death Penalty/Death Row, Death Penalty
FLA Death Penalty Games by Frank Valdez I'm in the midst of challenging the reappointment of a guy named Spalding to the Capital Collateral Representative (CCR) post of Florida (that's the state funded agency that handles collateral appeals for indigent capital/condemned prisoners). I'm still on direct appeal, but I feel …
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