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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 …
Article • August 15, 1993 • from PLN August, 1993
Non-Stenographic Depositions by Paul Wright By Paul Wright The most crucial part or process of a civil rights suit is the discovery phase. In many civil rights cases the defendants are government employees performing state functions and thus have sole control of the relevant evidence the plaintiff will need to …
Article • August 15, 1993 • from PLN August, 1993
Sanctions Against Pro Se Litigant Reversed by Raymundo Mendoza is a Texas state prisoner. In 1980 he suffered cervical and spinal injuries in a prison accident. He filed suit and his claims were eventually dismissed. In 1991 he filed suit alleging that he had received negligent medical treatment; been denied …
Article • August 15, 1993 • from PLN August, 1993
Florida Conditions Lawsuit Settled After 21 years by After 21 years of protracted, time consuming and tedious litigation involving three correction's secretaries, four governors, thousands of inmates and millions of dollars, the Department of Corrections of Florida has finally resolved the legendary Costello lawsuit. "For the first time in 21 …
Money Damages Available for Consent Decree Violations by Two prisoners at the Georgia State Prison (GSP) filed suit under § 1983 concerning the confiscation of personal property and the procedures at prison disciplinary hearings. In the mid-70's these issues had been litigated as part of a class action suit by …
Article • August 15, 1993 • from PLN August, 1993
No Waiver of Witness Fees for IFP Litigants by Bobby Dixon is a California state prisoner. He filed suit under § 1983 claiming that he was denied adequate medical treatment by prison officials. The case went to trial before a magistrate judge who granted the defendants' motion for a directed …
Disobeying State Court Order Basis for Section 1983 Liability by Ernest Walters is an Iowa state prisoner. He was infracted for allegedly lying to a guard. He was found guilty at a disciplinary hearing and punished. Walters filed a post conviction action in state court and won a default judgement …
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