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Article • January 15, 1992 • from PLN January, 1992
Prison Population Up, Escapes Down by According to a poll conducted by Corrections Compendium magazine, there were fewer escapes in 1990 than in 1989. In 1989, there were 7,816 escapes reported from 48 states (1.33%). In 1990, those same systems reported 7,244 escapes (1.11%) - a decrease of 572 at …
Receiving State is Agent of Sending State; Qualified Immunity Examined by Receiving State Is Agent Of Sending State; Qualified Immunity Examined An Iowa prisoner was under punitive segregation when he was transferred to the Texas prison system and released to the general population. When he was later transferred back to …
Prison's TB Response Legally Inadequate by Prisoners at a Minnesota correctional facility filed a class action lawsuit challenging the tuberculosis screening and control procedures at the prison as so inadequate that they constituted cruel and unusual punishment in violation of the eighth amendment. The trial court agreed with the inmates, …
Article • January 15, 1992 • from PLN January, 1992
U.S. Prisons Accused of Human Rights Abuses by An international human-rights group recently charged that the U.S. prison authorities are engaging in "numerous human-rights abuses" through the increasing use of " super maximum security" prisons modeled after the federal prison in Marion, Ill. Condemning what it called the "Marionization" of …
Geronimo Pratt Wins Injunction Against Future Harassment; Loses Drug Trafficking And Possession Appeal by Elmer "Geronimo" Pratt is a political prisoner convicted after an FBI COINTELPRO frame job of murdering a school teacher during an alleged robbery attempt of the victim and her husband on a Santa Monica tennis court. …
Article • January 15, 1992 • from PLN January, 1992
Non-Specific Infractions Violated Due Process by Two prisoners found guilty of participation in "violent group conduct" challenged the sufficiency of the evidence presented at their hearings to establish their guilt. The principal evidence utilized were written misconduct reports stating that all inmates present in a mess hall (numbering around 140) …
Article • January 15, 1992 • from PLN January, 1992
Editorial Comments by Ed Mead By Ed Mead Welcome to issue number one of the third volume of the Prisoners' Legal News. Paul and I are starting our third publishing year with a major trimming of the newsletter's mailing list. You should be sure to look at the address label …
Consent Decree Creates a Liberty Interest by Consent Decree Creates A Liberty Interest Stephen Rodi, a Rhode Island state prisoner filed suit under § 1983 claiming he had been put in administrative segregation without cause, notice or opportunity to be heard. The district court dismissed the complaint for failure to …
Article • December 15, 1991 • from PLN December, 1991
Monroe's Struggle Against Double Celling by Ed Mead Monroe's Struggle Against Double Celling: A Status Report By Ed Mead A flood of new rumors have been flying hot and heavy on the double celling status here at the Reformatory in Monroe. Some of these reports say there has been a …
Article • December 15, 1991 • from PLN December, 1991
Prison Law Libraries Must Keep All Books Current by One of the questions presented in this case was whether a prison law library must keep current (update) those books that they are not constitutionally required to have. The case arose when prisoners initiated litigation, pursuant to 42 U.S.C. 1983, over …
Article • December 15, 1991 • from PLN December, 1991
Guards Liable for Harassing Searches of Cell by Guards Liable For Harassing Searches Of Cell Although searches of a prisoners' cell do not violate the fourth amendment, they can be "punishment" under the eighth amendment. Searches of a prisoner's cell conducted in order to harass the prisoner in retaliation for …
Article • December 15, 1991 • from PLN December, 1991
Prison Tobacco Sales Are Not Punishment by David Steading, an Illinois state prisoner filed suit under § 1983 claiming violation of his 8th amendment rights because prison officials had failed to provide a smoke free environment for all Illinois prisoners. The district court dismissed the suit and the court of …
Article • December 15, 1991 • from PLN December, 1991
Executions Report Issued by Eleven states executed 23 people last year, the U.S. Justice Department's Bureau of Justice Statistics (BJS) announced on September 29th. The Bureau said as of December 31, 1990, there were 2,356 people being held on death row in 34 states. Between 1976, when the U.S. Supreme …
Article • December 15, 1991 • from PLN December, 1991
Written Findings of Disciplinary Hearing Held Inadequate by An Illinois prisoner launched a 1983 challenge to the prison disciplinary hearing committee's finding of guilt on several infractions, including one charging him with conspiracy to murder a Unit Manager. The civil rights complaint alleged a number of constitutional infirmities in the …
Court Supports Supervisory Liability Claim by James Johnson, a prisoner at the Cummins Unit of the Arkansas Department of Corrections, appealed from the district court's dismissal of his §1983 complaint. The complaint alleged that Johnson suffered an inguinal hernia, which was diagnosed in January 1984. The prison doctor recommended surgery …
Prison Guards May Not Be Fired for Testifying on Prisoner's behalf by Prison Guards May Not Be Fired For Testifying On Prisoner's Behalf Salvatore Ziccarelli was employed as a guard at the Cook County (Chicago) jail in Illinois. While there he became acquainted with a prisoner facing the death penalty. …
Article • December 15, 1991 • from PLN December, 1991
Filed under: Crime/Demographics, Crime
The Criminalization of Poverty by Sabina Virgo The Criminalization Of Poverty By Sabina Virgo Sabina Virgo is an activist in the Los Angeles area. The following is an edited version of a speech given in L.A. on International Human Rights Day, December 8, 1990.) An anonymous poet in the 1700s …
Evidence Must Be Presented at Disciplinary Hearing by Evidence Must Be Presented At Disciplinary Hearing Eddie Griffin, a Pennsylvania state prisoners was infracted for possessing a fermented beverage. Prison guards destroyed the liquid in question prior to the disciplinary hearing. At the hearing Griffin was found "guilty" solely on the …
Article • December 15, 1991 • from PLN December, 1991
Prisoners May Not Be Subjected to Freezing Temperatures by In 1982 outside temperatures at the Stateville prison in Illinois plunged to 22 degrees below zero with a wind-chill factor of 80 degrees below zero. The heating system in a cell block with 300 men malfunctioned and frigid air circulated through …
Article • December 15, 1991 • from PLN December, 1991
New York Prisons Profiled by A prisoners' advocacy group in New York City on September 27 released a profile of the state and city inmate population and found a pattern of minority offenders being increasingly locked up for nonviolent crimes. The Correctional Association of New York said there are more …
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