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Article • July 15, 1993 • from PLN July, 1993
Dismissal not Appropriate for Unintentional Delay by David Sterling is a BOP prisoner. He filed suit under the Federal Tort Claims Act (FTCA) in district court in California claiming prison officials at Leavenworth, Kansas, negligently prescribed medication which caused him severe stomach and auditory pain. After he filed suit he …
Article • July 15, 1993 • from PLN July, 1993
Racism and Treatment by Terrence Hazel by Terrance Hazel The Texas Department of Criminal Justice's (TDCJ) present method of administering Substance Abuse Treatment Programs (SATP) discriminate against Black and Hispanic inmates. Black and Hispanic prisoners are: 71 percent of inmate population (35,000+) 80 percent of that 71 percent have serious …
Control Units and Democratic Repression in Chile by In December of 1992 the Chilean government began building an "anti terrorist" prison which is part of that country's new policy in the so called "struggle against violent extremism." This new prison will have a capacity to hold more than one hundred …
Illinois Tolling Statute Unconstitutional by Until 1987 Illinois prisoners had until two years after they were released from prison in which to file lawsuits. Any statute of limitations was tolled by imprisonment. In 1987 the Illinois legislature modified Illinois Rev. Statute ch. 110, ¶ 13-211, so that claims by prisoners …
Article • July 15, 1993 • from PLN July, 1993
No Qualified Immunity for Medical Indifference by Dennis Hamilton is an Alaska state prisoner. After an ear operation prison officials tried to fly him to a federal prison in Oklahoma. The trip was aborted after the first leg of the trip due to extreme ear pain caused by flying. Hamilton's …
Article • July 15, 1993 • from PLN July, 1993
Filed under: Commentary/Reviews, Crime
We Need Solutions, Not More Prisons by Ed Mead The state of Washington, like most other states in the U.S., is on an expensive prison building binge. The state's prison population has tripled since the late '70s, yet crime rates continue to soar. The same situation exists elsewhere across the …
AG Not Entitled to Immunity by Paul and I have been doing the newsletter with this new 16-paged magazine format for several months now, and in that time we have managed to get a sense of what difference in cost this new printing system will make. By dividing our production …
Article • July 15, 1993 • from PLN July, 1993
Letter from Spain by by Pablo Serrano Zaragoza, Spain The only thing new is an important increase in the prisoner population. They are filling the prisons to the roof. They have built various new prisons that are already full. Aside from this process, which follows even greater social injustice and …
German Prison Destroyed by Many people in Germany had good reason to celebrate in March. Early on Saturday, March 27, a series of explosions destroyed most of a newly completed high-tech prison that was to be put to use in May, 1993. The prison in Weiterstadt, close to Frankfurt, took …
Equal Protection for Handicapped Explained by Wheelchair bound prisoners at the Iowa State Penitentiary (ISP) filed suit concerning denial of physical access and programming because of their disability. The parties settled most of the problems in a consent decree. The one issue not settled was prison officials' refusal to provide …
Grievance Procedure Tolls Statute of Limitations by William Gartrell is a Texas state prisoner. He filed suit under § 1983 claiming prison officials conspired to file trumped up disciplinary charges against him in retaliation for his legal activities; the disciplinary hearing and grievance procedure did not comport with due process; …
Article • July 15, 1993 • from PLN July, 1993
From The Editor by Ed Mead Paul and I have been doing the newsletter with this new 16-paged magazine format for several months now, and in that time we have managed to get a sense of what difference in cost this new printing system will make. By dividing our production …
Brief • July 12, 1993
Anderson v. Bayh, IN, Order, Request Capacity, 1993 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION INMATES OF WESTVILLE CORRECTIONAL CENTER, ROGER W. ANDERSON, et. al-/ Plaintiffs, vs. EVAN BAYH, et. al., Defendants. ) ) ) ) ) ) ) ) CAUSE NO. S 83-481 …
WA Ad Seg Rules Create Liberty Interest by Tillman Farr was a prisoner at the Washington State Penitentiary (WSP) at Walla Walla. Prison officials placed Farr in Administrative Segregation (ad seg) based on information from confidential informants which claimed Farr and others were going to assault a guard. Based on …
Article • June 15, 1993 • from PLN June, 1993
BOP Liable for Overcrowding and Opening Detainees Mail by Richard Young is a federal pretrial detainee. While awaiting trial he was housed at the US Penitentiary in Lewisburg, PA. He filed suit claiming that the conditions of confinement violated his right to be free from punishment. The conditions included being …
Article • June 15, 1993 • from PLN June, 1993
How to Defend Against a Bill of Costs by John Adams I'm a prisoner at the Washington State Penitentiary. I've filed a few lawsuits over the years against prison officials, prison employees and prison conditions with some success. Recently, I had a case dismissed on the state's motion for summary …
Judge Cannot Make Credibility Findings by Roland Pettengill is an Arkansas state prisoner. While in segregation he went to yard. Before entering the yard he alerted sergeant George Veasey that an enemy of his was in the yard. Veasey gave Pettengill the choice of going to yard with his enemy …
GRAPO Prisoners Tortured by Paul Wright All too often we hear about the physical mistreatment and abuse of prisoners, political and social. The impression we are given by the mainstream media and the governments of the western industrialized countries is that such abuses only occur in places like the Middle …
Notice of Appeal Filed When Given to Prison Officials by Samuel Hamm is a Missouri state prisoner. While employed as a prison law clerk he claims prison officials threatened and harassed him in retaliation for the performance of his duties. The defendants' conduct included threatening him with administrative segregation, infracting …
Article • June 15, 1993 • from PLN June, 1993
Prison Litigation Report Issued by The winter, 1993, issue of the ACLU's National Prison Project contains a status report of nationwide prison litigation for 1992. Forty states plus the District of Columbia, Puerto Rico and the Virgin Islands are under court order or consent decree to limit population and/or improve …
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