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Prison Officials Can't Prevent Jailhouse Lawyers From Assisting Other Prisoners by Paul Gibbs is a Michigan state prisoner and jailhouse lawyer. He was placed in segregation in late 1990 for possessing contraband. On April 2, 1991, he was reclassified back to the general population. Due to a lack of bed …
Visitor Awarded Damages by A man visiting his brother in jail was awarded damages both for battery and for violation of his civil rights, based on a guard's attack on him and making of racially derogatory remarks. On appeal, the Minnesota state appeals court ruled that because the racial slurs …
AZ DOC Denies Court Access by This case deals with a class action suit filed by Arizona state prisoners. They claimed that Arizona prison officials denied them access to the courts by enacting policies that unduly abridged their ability to file and litigate court actions. The district court ruled in …
Stay of Suit Not Appealable by Oscar Bean is a Missouri state prisoner. He filed suit claiming he was denied due process at a disciplinary hearing accusing him of assault. He sought declaratory relief, damages and attorneys fees. The district court granted the defendants' motion to stay Bean's suit for …
Jail Detainees Have Right to Library Access by This case involves a consolidated appeal of one suit by three Wisconsin county jail detainees and one by an Indiana jail detainee. All of the plaintiffs claimed their right of access to the courts was violated because the jails they were held …
Jail Sued Under ADA by In 1990 Congress passed the Americans with Disabilities Act (ADA), 42 U.S.C. § 12131-12134, which prohibits discrimination against the disabled by public services. Readers will note that this law applies to prisons and jails who can be sued for failing to provide disabled prisoners with …
BOP Suits Require Administrative Exhaustion by John Rourke is a federal prisoner. He filed suit seeking injunctive relief alleging that prison officials had denied him medical care and arbitrarily imposed disciplinary sanctions against him. The district court dismissed the suit without prejudice as frivolous, before service on the defendants, holding …
Article • April 15, 1994 • from PLN April, 1994
Court Rules on Control Unit Law Library Access by Abdul Akbar is a Delaware state prisoner confined in the Maximum Security Unit (MSU) of the Delaware Correctional Center (DCC). The MSU is a control unit for the long-term segregation of prisoners that prison officials allege to be a danger within …
Article • April 15, 1994 • from PLN April, 1994
Ad Seg as Punishment Unlawful by Ad Seg As Punishment Unlawful Greg Stevens is an HIV+ Arkansas state prisoner, he is also missing a finger. Due to his medical condition he received a medical limitations slip which prohibited him from working in the prison fields. He reported to work in …
Article • April 15, 1994 • from PLN April, 1994
Detainees Have Right to be Vermin Free by Two federal pretrial detainees housed under contract in the Allegheny County Jail (ACJ) in Pennsylvania sued jail officials for a wide variety of ailments affecting jail prisoners. Among the issues they filed suit on were: inadequate ventilation, extreme temperatures, excessive noise, use …
Article • April 15, 1994 • from PLN April, 1994
IL Prisoners Have No Right to a Valid Classification System by State prosecutors' use of extreme language and personal opinion in letters that they are required to submit to the department of corrections for use in making initial prison security classifications of newly committed prisoners does not violate the constitution …
Article • April 15, 1994 • from PLN April, 1994
AZ Prisoners Have Right to Court Access by Antonio Bustamonte is an Arizona state prisoner held at the Winslow prison. In April of 1992 a riot broke out at the prison resulting in Bustamonte's housing unit being locked down. One of the consequences of the lockdown, in which prisoner's were …
Article • April 15, 1994 • from PLN April, 1994
Court Cannot Dismiss Suit When Partial Filing Fee Paid by Robert Butler is a Nevada state prisoner. He filed suit under § 1983 alleging his defense attorney and trial judge at his state court trial had conspired together in order to deny him a fair trial. The district court granted …
Okay to Disclose Informant's Identity by David Sterling is a federal prisoner. He is also an informant. During the course of disciplinary proceedings against his cellmate, Lawrence Pekoske, Sterling provided information to Bureau of Prisons (BOP) officials under a promise of confidentiality. Pekoske filed a request to examine his prison …
Article • April 15, 1994 • from PLN April, 1994
Legal News in Brief - NCIC Info Rule by The Bureau of Prisons, Department of Justice, has issued a final rule amending it's rule on production or disclosure of FBI/National Crime Information Center (NCIC) information to conform to NCIC's requirement that any request by a prisoner for his or her …
Article • March 15, 1994 • from PLN March, 1994
9th Circuit Affirms Gutting of WSR Consent Decree by Paul Wright By Paul Wright In 1978 prisoners at the Washington State Reformatory (WSR) in Monroe, WA filed suit over inhumane prison conditions at the prison. In 1981 prisoners and the DOC entered into a consent decree whereby the prisoners dismissed …
Article • March 15, 1994 • from PLN March, 1994
Chicago Police Torture Suspects by [Generally PLN only reports on cases involving prison civil rights issues or the occasional procedural matter affecting pro se litigants. This is a police brutality case which we present more for it's informational value than it's relevance to prison litigation. All too often we hear …
Court Enjoins BOP Phone System by On October 13, 1993, Judge Henry Wilhoit of the U.S. District Court in Kentucky entered a preliminary injunction barring the federal Bureau of Prisons from implementing its Inmate Telephone System (ITS). The case is Washington v. Reno, case number 93-217 and 93-290. Readers should …
Article • March 15, 1994 • from PLN March, 1994
Consent Decree Modified to Permit Racial Segregation by In 1988 a prisoner at the Southern Ohio Correctional Facility (SOCF)at Lucasville, OH, filed suit challenging the prison's practice of assigning prisoners to cells based on their race. This practice led to the racial segregation of prisoners. The court appointed counsel in …
Article • March 15, 1994 • from PLN March, 1994
Court Rules Suit Waiver is Not Enforceable by This case involves release-dismissal agreements where a party will agree not to sue a government agency or official and the agency in turn agrees to either drop or reduce charges against the person. In many cases prison officials will have prisoners agree …
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