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Article • August 15, 1993 • from PLN August, 1993
Shackling Plainitff Violates Right to Fair Trial by Edward Lemons is an Illinois state prisoner. He claimed that while in segregation he was attacked and severely beaten by prison guards. When his case went to trial the judge went along with the defendant's request that Lemons be handcuffed and manacled …
Reduction In Damages Improper by Harry Weeks was a parapeligic Ohio state prisoner. For a two year period Weeks was housed in a control unit at the Southern Ohio Correctional Facility (SOCF) at Lucasville, OH. The control unit did not permit Weeks to have a wheelchair. L.R. Chaboudy was the …
Article • July 15, 1993 • from PLN July, 1993
Informal Brief Acts as Notice of Appeal by William Smith is a paraplegic Maryland state prisoner. He filed suit against various prison guards, doctors and officials claiming they were deliberately indifferent to his serious medical needs by denying him use of a wheelchair. Before trial the district court dismissed several …
Article • July 15, 1993 • from PLN July, 1993
Dismissal not Appropriate for Unintentional Delay by David Sterling is a BOP prisoner. He filed suit under the Federal Tort Claims Act (FTCA) in district court in California claiming prison officials at Leavenworth, Kansas, negligently prescribed medication which caused him severe stomach and auditory pain. After he filed suit he …
Illinois Tolling Statute Unconstitutional by Until 1987 Illinois prisoners had until two years after they were released from prison in which to file lawsuits. Any statute of limitations was tolled by imprisonment. In 1987 the Illinois legislature modified Illinois Rev. Statute ch. 110, ¶ 13-211, so that claims by prisoners …
AG Not Entitled to Immunity by Paul and I have been doing the newsletter with this new 16-paged magazine format for several months now, and in that time we have managed to get a sense of what difference in cost this new printing system will make. By dividing our production …
Grievance Procedure Tolls Statute of Limitations by William Gartrell is a Texas state prisoner. He filed suit under § 1983 claiming prison officials conspired to file trumped up disciplinary charges against him in retaliation for his legal activities; the disciplinary hearing and grievance procedure did not comport with due process; …
Article • June 15, 1993 • from PLN June, 1993
How to Defend Against a Bill of Costs by John Adams I'm a prisoner at the Washington State Penitentiary. I've filed a few lawsuits over the years against prison officials, prison employees and prison conditions with some success. Recently, I had a case dismissed on the state's motion for summary …
Judge Cannot Make Credibility Findings by Roland Pettengill is an Arkansas state prisoner. While in segregation he went to yard. Before entering the yard he alerted sergeant George Veasey that an enemy of his was in the yard. Veasey gave Pettengill the choice of going to yard with his enemy …
Notice of Appeal Filed When Given to Prison Officials by Samuel Hamm is a Missouri state prisoner. While employed as a prison law clerk he claims prison officials threatened and harassed him in retaliation for the performance of his duties. The defendants' conduct included threatening him with administrative segregation, infracting …
Article • June 15, 1993 • from PLN June, 1993
DC Not Proper Venue for BOP Suits by James Cameron is a federal prisoner. While at the penitentiary at Terre Haute he suffered a massive heart attack. Prison doctors stated he should receive a low sodium diet. The prison at Terre Haute could not provide a special diet and the …
Court Dissolves 1-800 Injunction by Iowa state prisoners filed suit seeking preliminary and injunctive relief against an Iowa prison policy prohibiting them from calling their attorneys toll free 1-800 numbers. They claimed this practice violated their right of access to the courts. The district court agreed and granted a preliminary …
Due Process Protects Detainees from Violence by Raul Valencia is a pre-trial detainee in Brewster County, Texas. During a jail disturbance guards smashed Valencia's head into cell bars, choked him into unconcioussness and, after handcuffing him, beat him. Valencia filed suit under§ 1983 claiming this treatment violated his constitutional rights. …
Court Enjoins Torture of Jail Prisoners by Two Mississippi jail prisoners tried to escape from the jail by smashing their way out. Their attempt failed and guards secured and restrained them in an interrogation cell. The sheriff questioned the two men as to the location of their escape tools, which …
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 …
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