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Article • October 15, 1993 • from PLN October, 1993
Bar on Access to Court Records Struck Down by The Massachusetts legislature passed the Criminal Offender Record Information System (CORI) which changed the conditions by which the public gained access to court records in the state criminal justice system. The state courts used this law to prohibit unrestricted access to …
Destruction of Evidence Allows Adverse Inference by Jerry McCrary-El is a Missouri state prisoner. He filed suit under § 1983 claiming that prison guards used excessive force in moving him to the back of his cell, within the prison's segregation unit, to place a cellmate in his cell. After a …
Article • October 15, 1993 • from PLN October, 1993
Court Access for Spanish Speakers by This is a § 1983 access to the courts case filed by a county jail prisoner who was not conversant in the English language. The plaintiff, Acevedo, claimed that his jailers denied him meaningful access to the courts by failing to maintain an adequate …
Article • October 15, 1993 • from PLN October, 1993
Pro Se Detainee Has Access Rights by A detainee held in the Metropolitan Correctional Center (MCC) at San Diego, named Gust Janis, was awaiting trial on federal drug manufacturing and possession charges. Janis was also involved in a number of other criminal and civil cases, telling the court he has …
Article • October 15, 1993 • from PLN October, 1993
ACLU Reaches Accord With Hawaii in Prison Case by ACLU Reaches Accord with Hawaii in Prison Case Aconsent agreement was reached in July in a nine-year old Hawaii prison law suit, it was announced by Alvin J. Bronstein, executive director of the National Prison Project of the American Civil Liberties …
Article • October 15, 1993 • from PLN October, 1993
Grievance System Sham by John Gerteisen This letter is directed specifically at inmates within the Florida Department of Corrections, but may be of interest to any prisoner utilizing the grievance procedure in their state. If the grievance procedure is "certified," as it is in the State of Florida, exhausting administrative …
Elements of Jail RICO Suit Explained by Billy Joe Ashe is a Montgomery County, Texas, prisoner. He filed suit claiming that in retaliation for filing suit against members of the Sheriff's Department he and his co-plaintiff, and their prisoner witnesses, were subjected to a frightening pattern of physical violence and …
Article • September 15, 1993 • from PLN September, 1993
Exposure to Secondary Smoke Can State Claim by Donald McKinney was a Nevada state prisoner who filed a civil rights complaint against prison officials, pursuant to 42 U.S.C. § 1983, claiming that his involuntary exposure to environmental tobacco smoke (ETS) from his cellmate's and other inmates' cigarettes posed an unreasonable …
Article • September 15, 1993 • from PLN September, 1993
Harassment of Jailhouse Lawyer Violates Access to Courts by Aprison guard's harassment of inmate paralegals is actionable under 42 U.S.C. § 1983 as a violation of other prisoners' right of access to the courts, which was recognized as a constitutional right in Bounds v. Smith , 430 U.S. 817 (1977), …
Article • September 15, 1993 • from PLN September, 1993
Should You Tell a Potential Employer You're an Ex-Felon? by John Adams By John Adams I'm a prisoner at the Washington State Penitentiary in Walla Walla, Washington, as well as a student at the Walla Walla Community College currently working for my AAAS degrees in Business Management and Bookkeeping. All …
Article • September 15, 1993 • from PLN September, 1993
Grievance Appeals Necessary by Leck II, Jack Being incarcerated now for over nine years between the federal BOP and the state of Alaska, I have found that many prisoners who file grievances do not follow up on them. Many get "pissed off" and go with that attitude when initially filing …
Article • August 15, 1993 • from PLN August, 1993
Default Appropriate for Obstructing Discovery by This is not a prison case but a personal injury suit concerning the faulty design of Suzuki Samurais. We are reporting it in PLN because obstruction of the discovery process by litigants is quite common and this is a good case explaining the sanctions …
Article • August 15, 1993 • from PLN August, 1993
No Cause of Action for Defamation by Two Ohio prisoners approached a unit supervisor to discuss a cell change; one of them sought to be moved into a cell occupied solely by another prisoner. The supervisor then either directly told them or implied that the cell's occupant was a homosexual. …
Article • August 15, 1993 • from PLN August, 1993
Federal Tort Claims Act Requires Exhaustion by William McNeil was a federal prisoner who was without counsel when he filed his suit under the Federal Tort Claims Act (FTCA). The complaint sought money damages arising from his alleged injury by the U.S. Public Health Service. McNeil submitted a claim for …
Article • August 15, 1993 • from PLN August, 1993
Dismissal Error for Failing to Obey Local Rules by Ronald Kilgo is a Georgia state prisoner. When he was in the Fulton County Jail he filed suit under § 1983 because jail officials had repeatedly refused his requests for medical treatment of a back injury and had subjected him to …
Section 1988 Attorney Fee Awards Explained by In two cases involving attorney fee awards for class action prison civil rights suits the ninth circuit court of appeals clarified and explained the standards district courts should follow when they award attorney fees to the prevailing party. In Gates prisoners at Vacaville, …
Article • August 15, 1993 • from PLN August, 1993
Service Complete When Delivered to Prison Officials by Brian Faile is a Nevada state prisoner. He sued the Upjohn company claiming that their product Xanax, a prescription drug, caused him depression and violent outbursts which resulted in his being severely wounded by police and imprisoned. The district court dismissed Faile's …
Article • August 15, 1993 • from PLN August, 1993
California Visitor Search Ruling Modified by A 13-point injunction concerning searches of visitors to California prisons was scrutinized March 23 and modified in some particulars by the California Court of Appeals, First District. The injunction was the result of a suit challenging a program under which visitors' vehicles were subjected …
Article • August 15, 1993 • from PLN August, 1993
WA Repeals Cons Tolling Statute by The 53rd Washington Legislature unanimously amended RCW 4.16.190 to repeal the provision which tolled the statute of limitations for prisoners serving less than natural life terms. The new law went into effect on July 1, 1993. The statute of limitations in Washington State for …
Prisoners Retain Right of Bodily Privacy by Male Georgia state prisoners filed suit concerning the assignment of female prison guards to prison living units. The prisoners claim that the female guards act unprofessionally when they view male prisoners in their undershorts, showering and using the toilet. They claim that the …
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