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Santeros Win PI by Santeria is a religion which combines aspects of Catholicism and African animism. Believers worship saints, or orishas, who have their own personalities and characteristics. Santeria is widely practiced in Caribbean and Latin American countries. In Church of the Lukumi Babah Aye, Inc. v. City of Hialeah, …
Article • November 15, 1994 • from PLN November, 1994
UT Section 1983 Statute of Limitations Struck Down by In 1987 the Utah state legislature enacted section 78-12-28(3) which provided a two year period in which to bring an "action for injury to the personal rights of another as a civil rights suit under 42 U.S.C. § 1983." This is …
Retaliation for Grievances Illegal by Gary Hines is a California state prisoner. Hines filed suit claiming that prison guards had broken his television set in retaliation for administrative grievances he had filed against them. After filing a grievance against the guards who allegedly broke his television, another guard infracted him …
Failure to Treat Teeth States Claim by Mark Kinney is a Missouri state prisoner. Kinney went to the prison dentist, Dr. Kalfus, for removal of a tooth that was chipped and decayed, to have a cavity filled and for treatment of gum disease. Kalfus pulled the wrong tooth and acknowledged …
BOP Phone Litigation Update by In the March, 1994, issue of PLN we reported on Washington et al. v. Reno, et al., a lawsuit filed by women prisoners at FCI Lexington challenging the federal Bureau of Prisons (BOP) newly implemented Inmate Telephone System (ITS). [Editor's Note: For a full account …
Article • November 15, 1994 • from PLN November, 1994
MI Parole Consent Decree Vacated by In 1977 Michigan state prisoners filed a class action suit challenging the procedures by which they were granted or denied parole. In 1981 the US district court in Michigan entered a consent decree settling a lawsuit between the Michigan state Parole Board and Michigan …
Article • November 15, 1994 • from PLN November, 1994
WA Digital Probe Suits Barred by In 1984 the Washington state DOC opened two control units and initiated a policy whereby all prisoners transferred to the Intensive Management Units (IMU) were subjected to a digital rectal probe, or digital rape, upon entry. The "searches" were conducted on a blanket basis …
Agreement Reached in State-Wide Pennsylvania Prison Case by On Aug. 12, 1994, lawyers representing the prisoners announced that they have reached a settlement with the State of Pennsylvania in Austin v. Lehman, the state-wide prison conditions case filed in November, 1990. The agreement has been presented to U.S. District Judge …
Article • October 15, 1994 • from PLN October, 1994
Federal Public Defenders Govt. Employees for FTCA by Joseph Sullivan is a federal prisoner who filed suit against the two federal public defenders who represented him in a parole revocation proceeding. Sullivan initially filed suit in federal court under the court's diversity jurisdiction. In a previous decision the seventh circuit …
Retaliation Case Dismissal Reversed by Muriel Black is an Illinois state prisoner. In 1984 he filed suit under § 1983 claiming that prison officials had violated his constitutional rights by filing false disciplinary charges against him, harassing him, etc., after he complained of racial discrimination at the prison. In 1985 …
Prisoners Have Right to Prompt Sentence Computation by David Plumb is an Oregon state prisoner. He filed suit under § 1983 claiming that his right to due process under the fourteenth amendment and his right to be free from cruel and unusual punishment under the eighth amendment were violated by …
$153,400 Awarded to Estate for Stabbing Death by $153,400 Awarded To Estate for Stabbing Death An Ohio state prisoner was stabbed to death in a prison kitchen by another prisoner. The victim's estate sued the Ohio DOC claiming that because of inadequate security procedures with regards to kitchen knives and …
Article • October 15, 1994 • from PLN October, 1994
No Immunity for Delay of Medical Care by Willie Harris was a pretrial detainee in the Coweta County, Georgia, jail. When he was arrested his hand was injured by tight handcuffs. Upon arrival at the jail, on September 6, 1990, he requested treatment for the injury. He was seen by …
Correct Jury Instructions Needed for Beating Trial by Keith Howard is a Missouri state prisoner. Upon returning to the prison after an outside medical visit, Howard was ordered to strip for a search. He refused and was thrown to the floor by several guards, hand-cuffed, forcibly stripped and taken to …
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. …
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