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Blind Pretrial Detainees Entitled to Treatment by Anthony Harris was a pretrial detainee in the Cook county jail (Chicago). He is legally blind. While at the jail he repeatedly requested medical treatment for his blindness and frequent eye infections. He also requested special handicapped housing to prevent dangerous situations. Jail …
Article • April 15, 1993 • from PLN April, 1993
DOC Phone Rip Off by Paul Wright On March 16, 1992, the Washington DOC signed a contract with AT&T (American Telephone and Telegraph) for the latter to provide telephone services to all the prisons in the Washington prison system. AT&T in turn has subcontracted with three Local Exchange Companies (LEC's) …
Jury Must Be Asked If Prisoner Testimony Credible by Jeffrey Rainey was a North Carolina pretrial detainee. He claimed that in the course of a dispute with a jail guard the guard used excessive force against him by slamming him into a wall three times, injuring his back. He filed …
Court Cannot Supply Elements of Complaint by Joseph Pena is a prisoner at the Washington State Penitentiary. He was subjected to a digital rectal search without probable cause and filed suit under § 1983. Prison officials sought dismissal of the complaint on grounds Pena had failed to state a claim …
Federal Judge Says Prisoners Denied Access to Courts by Prisoners in Arizona have been denied adequate means to communicate with lawyers, perform legal research, and otherwise receive legal assistance, according to a recent decision by United States District Judge Carl Muecke in Phoenix, AZ. Ruling in Casey v. Lewis, a …
Article • March 15, 1993 • from PLN March, 1993
Ex-Louisiana Officials Fined for Racial Segregation by Two former Louisiana corrections officials must pay $4,000 in fines for segregating inmates by race, a federal judge said. In his ruling October 27th in Baton rouge, a U.S. District judge lowered the judgment from $10,000 recommended by a federal magistrate earlier in …
Prisoners Win Suit Over Circulating Petition by Dennis Wolfel and three other Ohio state prisoners, including longtime PLN supporter John Perotti, were infracted and disciplined for circulating a petition complaining of brutal prison conditions. The petition was going to be sent to Amnesty International, the international human rights group, to …
Article • March 15, 1993 • from PLN March, 1993
Court Cannot Dismiss Suit if Partial Filing Fee Paid by Autry Clark is an Ohio state prisoner. He filed suit against Ocean Brand Tuna claiming he bought cans of cat food from the prison commissary that had been re-labelled as tuna fit for human consumption. Clark became ill after eating …
Article • March 15, 1993 • from PLN March, 1993
Prisoners No Longer Entitled to Witness Fees by In October of 1992 former President Bush signed bill HR-2324 into law which prohibits the payment to incarcerated persons of witness fee's in federal court. The law amends 28 U.S.C. § 1821 and overrules the US Supreme Courts decision in Demarest v. …
Article • March 15, 1993 • from PLN March, 1993
Freezing Temperature Violates Eighth Amendment by Four prisoners at the Iowa State Reformatory segregation unit were sent outdoors to a recreation area while prison guards searched their living unit for weapons. The temperature was sub-freezing with a significant wind chill factor. The prisoners requested not to go outside. They were …
Retrial for Damages Alone Appropriate by Tommy Williams is a Missouri state prisoner who was stabbed several times by two other prisoners. Williams filed suit against a guard and several other officials claiming they were deliberately indifferent and acted with reckless disregard to his safety when they knew the prisoners …
Religious Standards Applied by Gary Bear is an Iowa state prisoner. He is part Native American and sought to participate in Native American Religion (NAR) ceremonies at the Iowa Penitentiary, but was prohibited from doing so by the prison's NAR consultant because he did not have a Bureau of Indian …
Serial Litigators by Adrian Lomax A recent Associated Press story reported that the state of Wisconsin is spending more than a million dollars a year defending lawsuits filed by prison inmates. The story identified two Waupun prisoners as "serial litigators," responsible for numerous legal actions. A state lawyer was quoted …
Damages Awarded in Beating Case by Rickke Greene is an Oklahoma state prisoner. While in a segregation unit Greene was scalded by another prisoner and received second degree burns. After not being treated at the prison infirmary he was returned to his cell, knocked to the floor, kicked and beaten …
Article • January 15, 1993 • from PLN January, 1993
Exposure to AIDS Contaminated Sewage Banned by Prisoners at a Missouri county jail were involved in the large scale cleanup of raw sewage at the jail hospital. The sewage was contaminated with the AIDS virus from AIDS patients in the jail hospital. Prisoners were not provided with protective clothing during …
Deliberate Indifference Standard in Medical Cases Explained by John McGuckin is an Arizona state prisoner. In 1986 he was injured while in a prison camp. He did not receive medical treatment for his injuries, which by now included massive herniation of his back and upper torso, until 1989, three and …
Article • December 15, 1992 • from PLN December, 1992
BOP Prisoners Don't Need to Exhaust Administrative Remedies by BOP Prisoners Don't Need To Exhaust Administrative Remedies Donald Cooney is a federal prisoner who was infracted for insolence to a staff member, found guilty and removed from his job position as a sanction. Cooney began an administrative review of the …
Hearing Officer Must Base Guilt Finding on Evidence by Hearing Officer Must Base Guilt Finding On Evidence Frank Zavaro is a New York state prisoner who was infracted for participating in a riot and assault on guards. A riot had broken out in a mess hall with several guards being …
Article • December 15, 1992 • from PLN December, 1992
Government Entitled to Only One Qualified Immunity Appeal by Government Entitled To Only One Qualified Immunity Appeal In Mitchell v. Forsyth , 472 US 511, 105 S. Ct. 2806 (1982), the US Supreme Court clarified its prior rulings on qualified immunity. Government officials performing discretionary functions (such as prison officials, …
Article • December 15, 1992 • from PLN December, 1992
Magistrates Cannot Dismiss Civil Rights Suits by Johnnie Reynaga is a California state prisoner who filed a § 1983 suit against a public defender, district attorney, deputy district attorney and state trial judge seeking damages and injunctive relief on the ground they had denied him his right to a fair …
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