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Improved Jail Conditions Merits Attorney Fees by Two Wood County, Texas, jail prisoners filed suit under § 1983 claiming the jail had practices of denying prisoners access to the courts, improper classification, punitive isolation without due process, inadequate medical care, denial of reading material and overall unacceptable jail conditions. The …
Article • May 15, 1993 • from PLN May, 1993
Organizations Not "Persons" for IFP Status by The Men's Advisory Council is a group of elected representatives of prisoners at a prison in California. When the prison discontinued the practice of providing free tobacco to indigent inmates the Council filed a civil rights complaint in federal court. They sought leave …
Article • May 15, 1993 • from PLN May, 1993
Filed under: Damages, Mental Health
Psych Prisoners Have Right of Court Access by Lonnie Hatch is a patient confined in the Arkansas state hospital following his acquittal, by reason of insanity, of criminal charges. Hatch filed suit under § 1983 claiming hospital officials had violated his right of access to the courts by denying him …
Section 1983 Proper Remedy for Illegal Confinement by Spencer Parker is a Texas state prisoner. He filed suit under § 1983 claiming he was arrested and indicted for a burglary even though no evidence linked him to the crime. After nine months in jail the charges were dropped and he …
Damages Awarded in PA Beating and Walk by William Giroux is a Pennsylvania state prisoner. He filed suit claiming that his eighth amendment rights were violated when prison guards beat him and made him walk a lengthy distance in manacles and chains, knowing he had a heart condition. After a …
Article • May 15, 1993 • from PLN May, 1993
Unlawful to Read Legal Mail in Prisoner's Cell by Robert Proudfoot is a Pennsylvania state prisoner. After anonymous informants stated Proudfoot was selling drugs from his cell, prison guards searched his cell three times in eight days. No drugs were found. During one of three cell searches guards opened sealed …
Article • May 15, 1993 • from PLN May, 1993
Monroe Double Celling Suit Lost by Ed Mead By Ed Mead In 1981 prisoners at the Washington State Reformatory in Monroe entered into a judicially enforceable consent decree with their captors that would have permanently eliminated double celling at the prison. The original complaint, filed in 1978, challenged a number …
Court Bans Double Celling of New Prisoners by Prisoners at the Nebraska State Penitentiary filed a class action suit challenging numerous conditions of confinement at the penitentiary. Most of the claims relate to overcrowding and the overall poor living conditions which include: excessive noise, lack of ventilation, inadequate staff, assaults …
Search Victory for Women Cons by Gini Faller By Gini Faller The long-awaited decision in Jordan v. Gardner, et. al. came down on February 25, 1993. The Ninth Circuit, sitting en banc held 7-4 that cross-gender non-suspicion clothed body searches violate the 8th Amendment: In this case we are presented …
Unsworn Declarations Admissible by This is a case that will be useful to prisoners in control units or smaller prisons where public notary services are difficult to obtain. Sam Williams is a Michigan state prisoner convicted of murder who was transferred from a max to medium security prison. After a …
Comic Book Censorship Overturned by Everett Lyon is an Iowa state prisoner. He ordered several religious comic books which prison officials censored claiming they would be "disruptive and produce violence" because they were allegedly "anti-catholic and blatantly bigoted." After exhausting his administrative remedies Lyon filed suit under § 1983 claiming …
State Liable for County Jail Overcrowding by Jail prisoners in the Harris County Jail, Texas, filed suit against county and state officials claiming that overcrowding at the jail violated the eighth amendment. The district court found that it did and that both state and county officials had acted with deliberate …
Nominal Damages Awarded in Prison Rape Case by Four Missouri state prisoners were repeatedly raped by other prisoners. Before and after the rapes they were unable to check into Protective Custody (PC). They filed suit against prison officials claiming the rapes violated their eighth amendment rights. After a trial, the …
Article • April 15, 1993 • from PLN April, 1993
Change in IFP Status Does Not Require Fee Payment by Michael Murphy is a Missouri state prisoner who filed suit claiming his religious rights had been infringed by prison officials. At the time he filed suit he earned $30 a month at his prison job and had $53 in his …
Article • April 15, 1993 • from PLN April, 1993
Confiscation of Law Books States Claim by Tyrone Chavers is a Wisconsin state prisoner. He filed suit under § 1983 after prison officials confiscated his lawbooks. This case is the district court's ruling on Chavers' In Forma Pauperis (IFP) request. The defendants had not yet been served in the case. …
Article • April 15, 1993 • from PLN April, 1993
Denial of Winter Clothing Cruel and Unusual by In February, 1990, several Iowa prisoners were placed outdoors without hats or gloves for an hour while guards searched their living unit. The temperature was about 30 degrees F. The prisoners did not suffer any long term injury from the experience. The …
Wisconsin Lacks Adequate State Remedies for Due Process Violations by Varees Smith is a Wisconsin state prisoner. He was infracted for allegedly charging another prisoner to do legal work. He filed suit under § 1983 claiming his due process rights were violated when a disciplinary hearing was held without notice …
Infraction Suits Must Exhaust Administrative Remedies by L. Markham is an Indiana state prisoner. He lost 243 days of earned good time in a series of disciplinary proceedings. Under Indiana DOC regulations prisoners can appeal the loss of good time credits to prison officials within 10 days of the hearing, …
Punishment of Pretrial Detainees Unlawful by Spencer Parker is a pretrial detainee in Texas. While awaiting trial in the jail's minimum security section he was moved to the violent offenders section in retaliation for arguing with a guard. As a result of the transfer he was assaulted and lost his …
Damages Awarded to HIV+ Jail Prisoner by Louise Nolley is an HIV+ prisoner held in the Erie County Jail in New York. She filed suit under § 1983 contending that various jail practices violated her rights. The objectionable practices included: automatically segregating HIV+ prisoners; denying HIV+ prisoners law library and …
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