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Article • August 15, 1993 • from PLN August, 1993
Sanctions Against Pro Se Litigant Reversed by Raymundo Mendoza is a Texas state prisoner. In 1980 he suffered cervical and spinal injuries in a prison accident. He filed suit and his claims were eventually dismissed. In 1991 he filed suit alleging that he had received negligent medical treatment; been denied …
Article • August 15, 1993 • from PLN August, 1993
Texas Proposes to Build State "Jails" by Texas Proposes to Build State "Jails" After decades of costly prison reform litigation under the Ruiz decree the Texas Department of Criminal Justice (TDCJ) continues to have serious problems of overcrowding. Overcrowding of state prisons has reduced the TDCJ's ability to receive new …
Article • August 15, 1993 • from PLN August, 1993
Officer's Family Awarded $120,000 for Contracting TB by In what may be an important precedent setting case, the U.S. Department of Justice awarded almost $120,000 to the family of Peter Petrosino, a 57 year old state prison guard at the Auburn, N.Y. prison, who died Oct.24, 1991, as a result …
Article • August 15, 1993 • from PLN August, 1993
Retaliatory Transfer States Claim by Michael Guglielmo is a New Hampshire state prisoner involuntarily transferred to Connecticut. Guglielmo filed suit claiming that his involuntary transfer was in retaliation for his legal activities. He also claimed that prison officials keeping materials about his litigation in his prison file labelled him a …
Article • August 15, 1993 • from PLN August, 1993
Some Evidence Standard Meets Due Process by Prison discipline imposed on the basis of "some evidence" that an inmate has violated prison regulations does not violate the fourteenth amendment's due process clause, a majority of the Court of Appeals for the Eighth Circuit held. In the prison setting, due process …
No Right to Cross Dress by Tonya Star, AKA Anthony Jones, is an Illinois state prisoner. Star filed suit contending prison officials had violated his first amendment and equal protection rights by refusing to allow him to wear women's clothing and makeup. Star did not claim to be a transsexual …
Article • August 15, 1993 • from PLN August, 1993
Florida Conditions Lawsuit Settled After 21 years by After 21 years of protracted, time consuming and tedious litigation involving three correction's secretaries, four governors, thousands of inmates and millions of dollars, the Department of Corrections of Florida has finally resolved the legendary Costello lawsuit. "For the first time in 21 …
Article • August 15, 1993 • from PLN August, 1993
Texas Studies Housing Prisoners in Foreign Countries by F Lee Weiss by F. Lee Weiss The Texas Senate approved a measure calling for a study to investigate the desirability of housing state inmates in foreign countries. State Senator John Leedom, a Republican from Dallas, said that his proposal could save …
Disciplinary Isolation Triggers Due Process by Prisoners suffered a violation of their due process rights when they were ordered into disciplinary isolation with out the notice and hearing procedures outlines in Wolff v. McDonnell, 418 U.S. 539 (1974), the Massachusetts Supreme Court held. The less demanding procedures prescribed in Hewitt …
Article • August 15, 1993 • from PLN August, 1993
Opening Legal Mail States Claim by Miguel Castillo is an Illinois state prisoner. He filed suit under § 1983 after three pieces of legal mail were opened by Cook County Jail officials in an eight month period. The items of "legal mail were marked legal mail," two came from the …
Article • August 15, 1993 • from PLN August, 1993
9th Circuit Announces New Qualified Immunity Rule by This case arises from the strip searching of arrested AIDS protestors at a federal building demonstration in Portland, OR. While this is not a prison case the appeals court has announced a new rule concerning the qualified immunity doctrine which is often …
Article • August 15, 1993 • from PLN August, 1993
Filed under: Crime, Sentencing
City of Refuge by David Finney Everyone has heard about alternative sentencing. What about alternative incarceration? The debate should be expanded to encompass this issue too. When people get put in prison the great majority become distrustful, angry and radicalized. It is a symptom of theseemingly arbitrary and unfair nature …
Article • August 15, 1993 • from PLN August, 1993
Probation Officers Only Entitled to Qualified Immunity by Charlene Gelatt is a New York state probationer. After being convicted of grand larceny she was placed on probation and ordered to pay restitution. She had her probation supervision transferred to Florida. Richard Wahila is a New York state probation officer. He …
Money Damages Available for Consent Decree Violations by Two prisoners at the Georgia State Prison (GSP) filed suit under § 1983 concerning the confiscation of personal property and the procedures at prison disciplinary hearings. In the mid-70's these issues had been litigated as part of a class action suit by …
Article • August 15, 1993 • from PLN August, 1993
Increasing Parole Review Time is Ex Post Facto by South Carolina's legislature passed a statutory amendment decreasing the frequency of parole reconsideration hearings from every year to every two years. A prisoner filed a civil rights complaint, pursuant to 42 U.S.C. § 1983, claiming the amendment was an unconstitutional ex …
Ad Seg Right to Eyeglasses and Toilet Paper by Vernon Williams is a California state prisoner in administrative segregation (ad seg) at San Quentin. He filed suit challenging numerous conditions of his confinement. The court granted Williams leave to proceed In Forma Pauperis. This is not a ruling on the …
Article • August 15, 1993 • from PLN August, 1993
Overcrowding Emergency Measures Get Old by In Worthington v. Fauver, 440 A2d 1128 (1982), the New Jersey Supreme Court upheld an order by the governor, under the state's Civil Defense and Disaster Control Act, transferring state prisoners from overcrowded state prisons to county institutions. After more than a decade of …
Article • August 15, 1993 • from PLN August, 1993
The Federal SRA: A Social Experiment Gone Astray by Lee Alphonso Moore In 1984 Congress confronted the rise in drug and firearm related crimes by instituting a social experiment. The social experiment became known as the Sentencing Reform Act (SRA) of 1984. Congress assumed longer federal prison sentences--without parole--would serve …
US Marshals Liable for Beating by Fred Sandoval is a federal prisoner. While being transported to a court hearing the Marshals Service placed him in a private jail run by the Wackenhut corporation, contracted to the US government. A Wackenhut guard antagonized another prisoner who, thinking Sandoval was the culprit, …
Article • August 15, 1993 • from PLN August, 1993
Court Reporters Entitled to Only Qualified Immunity by Jeffrey Antoine was convicted of bank robbery in the US district court in Tacoma, WA. He appealed his conviction and ordered a copy of the trial transcript from the court reporter, May Ruggenberg. After two years of delays, filing deadlines passing, time …
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