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Article • February 15, 1995 • from PLN February, 1995
No Immunity for Sweat Lodge Denial by Ralph Thomas is a Nebraska state prisoner. He filed suit under 42 U.S.C. § 1983 claiming that prison officials had violated his right to religious freedom by denying him daily access to the prisons sweat lodge for prayer. He claimed this denial also …
Article • February 15, 1995 • from PLN February, 1995
PA Limits Suits Against Defense Attorneys by Dale Gardner The malpractice suit against her was "a mere buzzing fly," said Patricia Dugan, a criminal defense lawyer in Philadelphia, PA. So rather than contact her insurance company and watch her rates rise she asked a friend to handle the case. Her …
AZ Passes Repressive Prison Laws by As part of the national trend towards bashing prisoners the 41st session of the Arizona legislature recently passed a number of repressive laws designed to make life harder for prisoners as well as restrict their access to the courts. The laws went into effect …
Article • February 15, 1995 • from PLN February, 1995
Unconstitutional Jail Conditions Don't Need to be Relitigated by Chris Hall was a pretrial detainee in the Little Rock, Arkansas, city jail. He filed suit under 42 U.S.A. § 1983 claiming that jail conditions had violated his constitutional rights. Arrested for shoplifting, Hall spent 40 days in the jail, confined …
No Interlocutory Appeal From Judgement by In the July, 1994, issue of PLN we reported Littlewind v. Rayl, 839 F.Supp. 1369 (ND 1994). The case involved a North Dakota state prisoner who, after assaulting a guard, was put into four point restraints, naked, for seven hours, 23 hours in three …
MS Jail Officials Held in Contempt by In l978 prisoners at the Madison County jail in Mississippi filed a class action suit challenging conditions at the jail. Prior to going to trial the parties negotiated a consent decree incorporating a wide range of issues, everything from racial discrimination to the …
Tight Handcuffs State Claim by Ronald Davidson is a New York state prisoner. While being transported to the segregation unit of another prison he was handcuffed and shackled. The devices were so tight that they cut into Davidson s flesh and reduced circulation into his hands and feet, causing swelling. …
Article • January 15, 1995 • from PLN January, 1995
Frivolous Litigation by People hear the term "frivolous" litigation and what comes to mind are the guys who sue over a train whistle keeping them awake at night in prison. All too often prisoners seeking justice don't find any, not because their claims are frivolous but because they are too …
Article • January 15, 1995 • from PLN January, 1995
Tennis Shoes Cost US Taxpayers Over $8,000 by Though this is an unpublished case, and one we might ordinarily consider of small consequence, the prisoner litigant - David Cerullo - provided PLN with extensive information and background on the case that lends a very unusual perspective. David Cerullo knew he …
Ban on Japanese Publications Struck Down by Yu Kikumura is a member of the Japanese Red Army held at the US Penitentiary in Marion, IL. A Japanese national, he can read, speak or write very little English and Japanese remains his primary language. On more than 20 occasions Marion prison …
Article • January 15, 1995 • from PLN January, 1995
Kansas Ad-Seg Plan Clarified by In 1980 prisoners and prison officials in the Kansas state prison system entered into a consent decree designed to improve the living conditions of prisoners confined to administrative segregation (ad seg). In 1988 the case was reactivated when the prisoners sought the court's intervention claiming …
Federal Courts Must Rule on State Law Claims in Beating by Michael McLaurin is an Arkansas state prisoner. A prison guard accused McLaurin of stealing cigarettes from another prisoner despite assurances from both prisoners that McLaurin was only holding the cigarettes as a favor to the owner. The guard struck …
Article • January 15, 1995 • from PLN January, 1995
Discriminatory Jury Selection Reversed by In the September, 1994, issue of PLN we reported on the unconstitutionality of racially discriminatory jury discrimination with regards to criminal trials. The right to a jury composed of members of the community also applies to civil rights suits. Frederick Davidson, a black Missouri state …
Federal Crime Bill Passes by Paul Wright By Paul Wright In the October and November, 1993, issues of PLN, I wrote articles about the "anti-crime" proposals that had been submitted in the US Congress by democrats and republicans, respectively. I predicted then the most repressive aspects of both proposals would …
PI Issued for Prisoner Transfer by Elmer Geronimo Pratt is a political prisoner in the California state prison system. A former Black Panther imprisoned since 1972, Pratt has achieved prominence by vigorously claiming his innocence and that he was framed by the FBI for a murder he did not commit …
Attorney Fee Awards Analyzed by Larry Jones is an Arkansas state prisoner. He filed suit against various state prison officials claiming deliberate indifference to his serious medical needs, use of excessive force by guards and inadequate staff supervision. The case went to trial and a jury found in favor of …
Women Prisoners Entitled to Equal Education by This is a precedent setting case that should be read and studied by women prisoners who are denied educational opportunities comparable to those offered to male prisoners. This ruling applies to state prisons who receive federal funding and who provide educational programs. Since …
Article • December 15, 1994 • from PLN December, 1994
Court Orders Return of Disks by Charles Oropallo is a New Hampshire state prisoner. Pursuant to prison regulations, in 1991 Oropallo ordered a Smith Corona word processor with disk storage capacity. In 1992, prison rules changed, prohibiting the possession of "computers" with a memory storage capacity. As a result, his …
Article • December 15, 1994 • from PLN December, 1994
Obtaining Prisoner Witnesses by This case involves an effort by state government defendants in a civil rights suit to obtain the presence of a witness to testify on their behalf. The case provides a useful discussion of writs of habeas corpus ad testificandum, whereby parties to civil or criminal actions …
Article • December 15, 1994 • from PLN December, 1994
Pro Se Litigants Subject to Rule 11 Sanctions by Lee Warren is a former Washington state prisoner. While confined at the McNeil Island Corrections Center (MICC) he claims he was assaulted by a staff cook. He filed suit under 42 U.S.C. § 1983 in US district court in Seattle in …
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