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New Trial for Improper Voir Dire by California state prisoner Floyd Scott claimed that prison officials used excessive force in physically restraining him after he attacked a guard. The case went to trial and the jury returned a verdict in favor of the defendant prison officials. Scott appealed claiming that …
Attorney General Subject to Suit by Attorney General Wendy Ritz ordered the court reporter not to prepare the transcript, despite the court order to the contrary, because she thought the petition would be dismissed on procedural grounds. The state court called the AGs conduct "outrageous" and ordered the attorney generals …
6th Cir. Rules on BOP Phone Suit PI by The March and November, 1994, issues of PLN both contained extensive articles about Washington v. Reno, the nationwide class action suit that challenges numerous aspects of the Inmate Telephone System (ITS) in the process of being installed at federal Bureau of …
AG Mail Must be Treated as Legal Mail by Rakim Muhammad is a Michigan state prisoner. He challenged a Michigan Department of Corrections (MDOC) policy of treating mail to prisoners from the state Attorney generals office as ordinary mail, i.e. opened outside the addressees presence, rather than as legal mail …
Police Report Inadmissible in Rape Case by William Miller is a Michigan state prisoner. He filed suit under 42 U.S.C. § 1983 claiming that he was subjected to cruel and unusual punishment when a prison supervisor and two guards were informed he was in danger, did nothing to protect him …
Article • March 15, 1995 • from PLN March, 1995
Medical Indifference Suit Requires New Trial by William Hathaway is a New York state prisoner. In 1973 he underwent hip fusion surgery and had three metal pins inserted into his left hip joint. He continued to experience pain after the surgery and in 1977 sought medical assistance from Dr. Schlesinger, …
Settlement Reached in MT Prison Case by A settlement agreement has been reached between attorneys for prisoners at the Montana State Prison (MSP) and Montana state officials responsible for running the prison. The case, Langford v. Racicot, was originally filed on December 30, 1993. The National Prison Project of the …
Article • March 15, 1995 • from PLN March, 1995
Confronting the Helms Amendment by In the December, 1994, issue of PLN we reported on and analyzed the federal crime bill and discussed one of its components, section 20409, which seeks to limit prisoners ability to challenge prison overcrowding via class action suits. Elizabeth Alexander, Associate Director for Litigation of …
Contempt Finding Reversed by In 1980 prisoners at the Iowa State Penitentiary (ISP) entered into a consent decree, Dee v. Brewer, with prison officials which prohibited guards from searching or removing prisoners legal papers from their cells when the prisoner was not present, unless exigent circumstances existed. In 1993 ISP …
Article • February 15, 1995 • from PLN February, 1995
Damage Awards Can be Used for Restitution by Under Iowa state law all felons must pay victim restitution. The DOC sets up a restitution plan whereby up to half of a prisoners earnings can be confiscated and sent to the county court clerk who disburses the funds to the victims. …
Article • February 15, 1995 • from PLN February, 1995
Prisoners Entitled to Free Legal Mail Postage by Several prisoners at the Iowa Mens Reformatory (IMP) f led suit under 42 U.S.A. § 1983 seeking injunctive relief from the prisons policy of denying indigent prisoners in administrative segregation any free legal or personal postage. Prisoners in ad seg are not …
Article • February 15, 1995 • from PLN February, 1995
NC Consent Decree Modified by In 1985 North Carolina state prisoners filed a class action suit seeking relief from unconstitutional conditions at 49 of the states 97 prison facilities. During trial the parties settled and entered into a consent decree which limited overcrowding to 140% of capacity in medium security …
WA DOC Sanctioned in Grievance Mail Case by In the September, 1994, issue of PLN we reported OKeefe v. Murphy, the unpublished case by US District Judge Alan McDonald which held that prisoners mail to and from different government agencies was entitled to confidential treatment, i.e. being opened only in …
OK Prisoners Have Disciplinary Hearing Remedy by In the May, 1994, issue of PLN we reported Waldon v. Evans, 861 P.2d 311 (Okl. Cr. 1993) which held that Oklahoma state courts could hear prisoners challenges claiming due process violations in prison disciplinary hearings. In a new ruling, the Oklahoma Court …
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 …
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