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Population Cap, Fines Affirmed by The court of appeals for the fifth circuit has affirmed a district court ruling which set population caps on the population of a county jail and imposed fines for each prisoner over the cap held at the jail. The court also affirmed the lower court …
AZ Court Affirms Food Packages by In an Order dated April 7, 1995, United States District Judge C.A. Muecke ruled in Hook v. Arizona, No. CIV 73-97 PHX CAM, that Arizona inmates will continue to receive three 25 pound food packages at Christmas. Arizona inmates will also be allowed once …
7th Cir. Clarifies "Deliberate Indifference" for Medical Cases by To state an eighth amendment violation, prisoners must do more than claim mere negligence by prison medical staff. Willie Sellers was a federal prisoner held at the infamous penitentiary at Marion. He is also a diabetic. He filed suit claiming that …
MN Passes Laws Against Prison Litigators by The 1995 session of the Minnesota state legislature passed laws aimed directly at jailhouse layers. MN Statute § 243.241 titled "Civil Action Money Damages" was created. It states: "Money damages recovered in a civil action by an inmate confined in a state correctional …
All Writs Act Limited by The seventh circuit court of appeals has given a narrow interpretation to the All Writs Act, 28 U.S.C. § 1651, by holding that a district court lacked the authority to order the Illinois DOC to transport a prisoner to a medical expert witness's office for …
Injunction Saves CA Family Visits by Gail Harrington Wisely In a victory in the long simmering war over family visits Michael Satris, an attorney with the San Quentin based Prison Law Office, won an injunction from Marin County Superior Court Judge Peter Smith Wednesday May 24 1995, barring the California …
Article • September 15, 1995 • from PLN September, 1995
Medical Care Ordered by If a prisoner sustains a serious injury they are entitled to competent medical attention. Richard Sappington is a Texas state prisoner. He injured his foot playing basketball and x-rays revealed multiple fractures in the foot. The prison hospital lacked resources to treat the injuries and his …
Article • September 15, 1995 • from PLN September, 1995
WA DOC Computerizes Visitor Tracking by Since 1993 the Washington state DOC has been working on a computer based program designed to track and manage people who visit prisoners. The program is called Public Access System (PAS). The hardware used includes an IBM compatible personal computer, video camera, bar code …
BOP Prisoners Must Exhaust Administrative Remedies by PLN recently reported the U.S. Supreme Court decision in McCarthy v. Madigan , 503 US ___, 112 S.Ct. 1081 (1992), which held that federal prisoners did not have to exhaust administrative remedies (the grievance system) prior to filing suit in federal court. In …
Attorney Fees Awarded in MCC Suit by Past issues of PLN have reported on repression and conditions at the Maximum Control Center (MCC) in Westville, IN and the legal challenges to those conditions as well as political struggle around it. The lawsuit was settled which resulted in numerous changes being …
Detainee Entitled to Medical Care by The mere fact that a prisoner is "seen" by a doctor does not, by itself, constitute "medical care." Terry Guidry was a pretrial detainee in the Jefferson County Detention Center in Texas when he got into a fight with another prisoner. Instead of trying …
Supreme Court Rejects Govt Inter-Locutory Appeals in Civil Rights Suits by In a significant ruling the supreme court, in a unanimous opinion, has held that public officials who are sued cannot file inter-locutory appeals when a district court denies their motion for summary judgment based on the sufficiency of the …
Brief • September 14, 1995
Richey v. Nerup, WA, Memo and Order Granting Preliminary Injunction, Costs From Prisoners, 1995 2 SEP 14 1995 UNITED STATES DISTRICT COURT I AU=:- R 3 UJ"'IW\C~ EASTERN DISTRICT. OF 4 THOMAS W.S. RICHEY, 5 Plaintiff, 6 vs. 7 a PENELOPE NERUP, et al., • ", lARSeN, C,uri( WASHING;:;..T.:..O~N:..:- ~"'"'\~ …
Article • August 15, 1995 • from PLN August, 1995
Translators Required for Medical Interviews by Pretrial detainees and convicted prisoners held in the Kern County, CA jail filed a class action suit challenging the jail's use of padded safety cells for violent and suicidal prisoners and other jail conditions. The district court held that the safety cells, consisting of …
Hearing No Substitute for Trial by The court of appeals for the eighth circuit has held that a district court evidentiary hearing cannot serve as a substitute for a full trial, doing so violates a prisoner's seventh amendment right to a jury trial. Harold Hobbs, an Arkansas state prisoner, was …
Martinez Hearing Reversed by The tenth circuit has approved a process whereby district courts conduct hearings to develop the record and determine whether there is any legal or factual basis to claims brought by pro se prisoner litigants. See: Martinez v. Aaron, 570 F.2d 317 (10th Cir. 1978). In this …
Article • August 15, 1995 • from PLN August, 1995
IFP Dismissal Reversed by District courts reviewing a plaintiff's petition to proceed in forma pauperis (IFP) must first review the complaints and decide whether they are legally or factually frivolous before they can demand partial payment of the filing fees. Bonnie McCaslin, a Nebraska state prisoner, filed nineteen lawsuits simultaneously …
Article • August 15, 1995 • from PLN August, 1995
Shackled Litigant Denied Due Process by The court of appeals for the second circuit has reaffirmed that trial courts deny pro se litigants a fair trial when litigants are shackled before the Jury and no hearing on the need for restraints is held. Ronald Davidson is a New York state …
Qualified Immunity RA Defense by The court of appeals for the eighth circuit has held that the affirmative defense of qualified immunity is available to government officials sued under the Rehabilitation Act (RA), 29 U.S.C. '794(a). McKinley Lue is a blind Missouri state prisoner who filed suit claiming he was …
Pelican Bay Ruling Issued by One prisoner publication hailed it as "A Moral Victory for Prisoners." The headline in a correctional trade magazine proclaimed "State Wins Pelican Bay Suit." Interpreting the 345-page Madrid v. Gomez opinion is difficult at best, and as shown by the contrasting headlines above, a reader's …
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