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Shackling States Claim by Jerome Williams is a Michigan state prisoner. After damaging the toilet in his cell, Williams was removed from his cell and placed in restraints where he was fully restrained by chains and shackled to his bed; where he remained for 73 hours. He was allowed to …
Article • July 15, 1994 • from PLN July, 1994
Delay in Treatment States Claim by Dean Delker is an Oregon state prisoner. He filed suit under § 1983 seeking injunctive and monetary relief from prison officials who refused to authorize surgery to treat his inguinal hernia (this is a hole in the abdominal wall where the intestine pokes through; …
Article • July 15, 1994 • from PLN July, 1994
Texas Prison Reform Suit May Reopen by Tim Queen In 1972, a Texas state prisoner, David Ruiz, filed a lawsuit in Federal Court alleging many conditions in the Texas prison system violated the constitutional rights of those incarcerated. The suit was consolidated with other Texas prisoners' complaints and certified as …
Article • July 15, 1994 • from PLN July, 1994
Filthy Cell Standards Clarified by Two Nebraska jail prisoners, one convicted of a crime, one not yet convicted were moved into a jail cell containing a "toilet... covered with dried feces on both the inside and outside, the sink was covered with hair and vomit, the floor was covered with …
Prison Industries Supervisor Liable for Attack by Jay Holloway is a prisoner at the Iowa State Penitentiary (ISP). He was assigned to work in the prison industries building under the supervision of Ray Miller. While at work Holloway was attacked by four other prisoners who believed he had summoned a …
WA S.Ct. Upholds Sex Offender Registration by In 1990 the Washington state legislature passed RCW 9A.44.130(1) which requires that all persons who have been convicted of a sex offense and reside in Washington to register with the sheriff in the county in which they reside. Two sex offenders who had …
Article • July 15, 1994 • from PLN July, 1994
Court Upholds Denial of Prisoner Witness Fees by In 1991 a unanimous Supreme Court held in Demarest v. Manspeaker, 111 S.Ct. 599 (1991) that prisoners were entitled to witness fees whenever they testified in federal courts. Just before leaving office George Bush signed into law a modification of 28 U.S.C. …
Article • July 15, 1994 • from PLN July, 1994
Non-English Mail Okay by Khannfeuang Thongvanh is an Iowa state prisoner. Thongvahn is a native Laotian whose primary language is Lao, though he speaks some English. Prison rules mandate that all incoming and outgoing prisoner correspondence be in English to allow for censorship. Prison officials at the Iowa State Reformatory …
Article • July 15, 1994 • from PLN July, 1994
Supreme Court Defines "Deliberate Indifference" in Prison Rape Case by The US Supreme Court heard only one prison related case in its 1994 term, and it resulted in a win for the prisoner. In Farmer v. Brennan the court was asked to answer what constitutes "deliberate indifference" to a prisoner's …
English Only Rule for Prayer Illegal by DeMont Conner is a Hawaii state prisoner. He filed suit under section 1983 claiming prison officials had violated his due process rights by punishing him for praying in Arabic with another prisoner and that the disciplinary hearing itself did not comport with due …
The ACLU Takes Indiana Prison Officials to Court by Mentally ill prisoners shackled to their beds, sick prisoners denied treatment, indigent prisoners forced to pay for medication or do without -- these and other deplorable conditions at the Westville Correctional Center have forced attorneys for the prisoners to return to …
Prisoners Retain Right Against Self-Incrimination by Coy Phelps is a patient involuntarily committed in a Federal Medical Center (FMC) after having been acquitted of criminal charges by reason of insanity. He filed suit challenging both the statutes allowing his commitment and the conditions of confinement he was subjected to. He …
WA Prisoners Must Exhaust State Remedies by John Dewyer is a Washington state prisoner. He is serving a determinate, SRA sentence. At a prison disciplinary hearing he was found guilty of an unspecified offense and sanctioned by 15 days of segregation and 30 days loss of good time, the latter …
ISR Seg Conditions Suit Not Frivolous by Twelve prisoners in the segregation unit of the Indiana State Reformatory (ISR) filed suit challenging their conditions of confinement. They claimed that their right to freely practice their religious faith was violated when they were denied access to religious programs; their right of …
NV Disciplinary Seg Rules Create Liberty Interest by Andrew Walker was a federal prisoner housed in the Nevada state prison system. During a cell search guards found a knife in Walker's cell. After the knife was found, Walker was placed in segregation. Prison officials claimed it was administrative segregation (ad …
Hog-Tying Violates 8th Amendment by Eugene Littlewind is a North Dakota state prisoner. In 1988 Littlewind and three other prisoners attacked a guard in the North Dakota Penitentiary segregation unit. After the attack, Littlewind cooperated with guards and was taken to the prison's observation unit. Once there he was stripped …
Article • June 15, 1994 • from PLN June, 1994
Evidentiary Hearing Cannot Replace Trial in Beating Suit by Clifton Johnson is an Arkansas state prisoner. He filed suit under 42 U.S.C. § 1983 alleging that prison guards had beat, kicked and stomped him without provocation when he requested his property in the prison segregation unit. A magistrate held an …
Habeas Doesn't Bar Section 1983 by Ronald Rhodes is a Kansas state prisoner. He was placed in segregation by prison officials claiming he was planning an outbreak of racially motivated violence in the prison mess hall. He was never given written notice of the grounds for placing him in segregation. …
$35,000 Awarded for Beating by Leon Davis is a Georgia state prisoner. He filed suit claiming that his eighth amendment right to be free from cruel and unusual punishment was violated when a guard shoved him down the stairs of a fire escape and another guard punched him in the …
Article • June 15, 1994 • from PLN June, 1994
Modification of Consent Decree Denied by In 1971 jail detainees of the Suffolk County Jail in Massachusetts filed suit concerning unconstitutional conditions at the jail. In 1979 the prisoners and sheriff entered into a consent decree which forbade the double-celling of jail prisoners. In 1989 a new jail was built …
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