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MO Court's HIV Disclosure Rule Struck Down by Judges in Cole County, Missouri enacted a local court rule requiring that jail officials inform them, in camera, whether a prisoner scheduled for a court appearance had an infectious disease or carried the HIV virus believed to cause AIDS. The purported reason …
Article • October 15, 1994 • from PLN October, 1994
Court Returns Fines by In 1976, prisoners of the Allegheny County Jail in Pennsylvania filed suit against their keepers over unconstitutional jail conditions. Over the next 18 years of litigation, the court imposed $2,729,300 in fines against county officials who refused to abide by court orders to alleviate overcrowding and …
New Trial Required for Improper Testimony by Michael Kemp is a Missouri state prisoner. He filed suit under § 1983 claiming that a prison guard, Antonio Balboa, had confiscated his epilepsy medication and flushed it down the toilet. This resulted in Kemp having epileptic seizures during which he injured himself. …
Washington v. Reno, Sixth Circuit, Order, Telephone Access in Prison, 1994 35 F.3d 1093 (1994) Conchita WASHINGTON; Sunday Torres; Gloria Batton Robinson; Antoinette M. Frink; Nita Young; Patricia M. Darks; Norma Fay Cook; Angela Sanchez-Martinez; Martha Marie Preston; Titilola I. Odusanya; Alberta Anderson; Loven L. Lewis; Lori Saunders; and Reshawn …
Article • September 15, 1994 • from PLN September, 1994
Filed under: Civil Procedure, Juries
Juries Tougher on Prisoner Litigators in Big Law Suits by Dale Gardner In this land of big lawsuits, the growth of multimillion dollar jury awards may have been halted. Juries nationwide have become tougher on people who sue doctors, insurance companies, and prison officials--siding less often with the plaintiffs. There …
Breach of Contract Claim OK Against Medical Contractor by On December 22, 1992, Eddie Cherry began serving a 30 day sentence in the Polk county jail, Florida, for drunk driving. At the time of his incarceration he told jail staff that he drank approximately a case of beer a day. …
Article • September 15, 1994 • from PLN September, 1994
New Trial for Beating by Clifton Thomas is an Illinois state prisoner. While confined at the Pontiac Correctional Center, Thomas was accused of stabbing another prisoner. The state sought and received a court order to obtain a blood sample from Thomas to aid in the investigation of the stabbing. Prison …
Article • September 15, 1994 • from PLN September, 1994
WA Mail Policy Illegal by Timothy O'Keefe is a prisoner at the Washington State Penitentiary (WSP) at Walla Walla. In October, 1993, O'Keefe tried to mail six pieces of outgoing mail as legal mail. The letters were addressed to the prison warden; US Postal Inspector; State Higher Education Coordinating Board; …
Article • September 15, 1994 • from PLN September, 1994
The Unconstitutionality of Discriminatory Jury Selection by Emmet Jones The foundation for an analysis of the right to be a juror, or be tried by a jury of peers is securely rooted in the Sixth and Fourteenth Amendments of the U.S. Constitution. The Sixth Amendment prohibits any substantial under-representation of …
Article • September 15, 1994 • from PLN September, 1994
WA DOC Enjoined From Taking Costs by Past issues of PLN have reported on the tactic seized upon by the Washington Attorney General's office to retaliate against prisoners who exercise their right of access to the courts, namely billing prisoners for the costs incurred by the AG in litigating [See …
Article • September 15, 1994 • from PLN September, 1994
Michigan Prisoner Challenges Jury Selection Process by Dan Pens PLN rarely reports on criminal law cases, but when we think one will interest our readers we print it. Such is the case with an interesting legal struggle going on in Michigan. PLN reader Emmett Jones (see his article on page …
Article • September 15, 1994 • from PLN September, 1994
Prison Racial Segregation Illegal by In 1970s a federal judge issued an injunction enjoining racial discrimination in the operation or administration of the Louisiana State Penitentiary (LSP) at Angola, LA. The court ordered prison officials to immediately correct the effects of any past racial discrimination and to maintain Angola as …
Article • August 15, 1994 • from PLN August, 1994
WSR Consent Decree Loses S. Ct. Challenge by Paul Wright By Paul Wright As consistently reported in PLN, most recently in the March, 1994, issue, prisoners at the Washington State Reformatory (WSR) have been involved in nearly 13 years of litigation involving prison officials' challenge to the consent decree they …
AZ Medical Care Unconstitutional by This lengthy (76 pages) opinion deals with a DOC-wide class action suit filed by Arizona state prisoners challenging the medical and dental care, treatment available for seriously mentally ill prisoners, and unequal medical treatment provided to females compared to that provided male prisoners. District court …
OR DOC Held in Contempt for Retaliatory Transfer by In 1988 Arlen Smith and several other Oregon state prisoners sought judicial review of Oregon DOC administrative regulations in Oregon state courts. Shortly before the briefs were due, Smith, the initiator of the litigation, was transferred to the Nevada state prison …
WA Punishment for Use of Religious Name Illegal by Dawud Halisi Malik By Dawud Halisi Malik On January 5, 1978, the superior court of the county of Walla Walla accepted my petition for name change as I had adopted Al-Islam as my religion. On May 8, 1990, I arrived at …
MDOC Sanctioned for Ex Parte Contacts with Prisoners in Court Cases by Over eight years ago, lawyers from the Michigan Attorney General's office sent interrogatories directly to prisoners about the Knop v. Johnson case without notifying the plaintiffs' lawyers. Judge Enslen entered a protective order on February 19, 1986, and …
Article • July 15, 1994 • from PLN July, 1994
Court is Ultimate Arbiter of Consent Decree by In 1984 the United States government and the state of Michigan entered into a consent decree which required improvements in Michigan penal facilities so that they would comport with minimal constitutional standards. After several years of improvements and monitoring the parties filed …
Article • July 15, 1994 • from PLN July, 1994
Administrative Exhaustion May Be Required by Leopold Pedraza is a Texas state prisoner. He filed suit under § 1983 claiming prison officials harassed him because of his race, national origin and prior litigation. At no time did Pedraza file grievances or complaints with prison officials concerning his allegations. A magistrate …
Prisoners Have Right to Jury from Community by Emmanuel Mitchell is a Tennessee state prisoner. He sued prison officials claiming excessive use of force and placement in an unsanitary cell. After a jury trial judgment was entered in favor of prison officials, Mitchell filed a motion for a new trial …
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