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Article • December 15, 1992 • from PLN December, 1992
Incarcerated Juveniles Have Right to Court Access by In a still developing area of the law, the Sixth Circuit Court of Appeals affirmed that juvenile prisoners have a constitutional right of access to the courts. To make this right meaningful, the state must provide juveniles with access to attorneys. This …
Article • November 15, 1992 • from PLN November, 1992
BOP Prisoners Must Exhaust Administrative Remedies by PLN recently reported the U.S. Supreme Court decision in McCarthy v. Madigan , 503 US ___, 112 S.Ct. 1081 (1992), which held that federal prisoners did not have to exhaust administrative remedies (the grievance system) prior to filing suit in federal court. In …
Contempt Order Appropriate for Consent Decree Violation by Contempt Order Appropriate For Consent Decree Violation In 1978 San Francisco jail prisoners filed suit over jail conditions. In 1982 the parties entered into a consent decree that included a limit on the number of prisoners that could be housed in the …
State Judges Can Be Sued for Injunctive Relief in Federal Court by State Judges Can be Sued for Injunctive Relief in Federal Court Carrol Olson is a Kansas state probationer convicted of issuing a worthless check. Olson sought to appeal his conviction in the Kansas Court of Appeals. The state …
Article • November 15, 1992 • from PLN November, 1992
Prisoners Have Right to Privacy in Their Mail by Prisoners Have Right to Privacy in their Mail David Jolivet is a Utah state prisoner who married Dorothy Pacheco, a member of a prisoner rights group named "Pepper". Prior to marrying Jolivet, Pacheco had been married to another Utah prisoner named …
Transferred Con Has Right to Books of Sending State by AUtah prisoner was subjected to what he claimed was an involuntary out-of-state transfer to an Arizona prison. The transferred prisoner filed a pro se habeas corpus petition in Superior Court of Arizona seeking, inter alia , access to legal research …
Expungement of Infraction Reversed by Michael Elkin is a New Jersey state prisoner. During the process of obtaining and testing a urine sample from Elkin, prison officials did not comply with the terms of a consent decree requiring urine samples to have a "continuity of evidence" attached and completed. Elkin …
Article • November 15, 1992 • from PLN November, 1992
Grievance Standards Changed by The Justice Department has modified the minimum standards for state prison inmates grievance procedures promulgated by the US Attorney General pursuant to § 7 of the Civil Rights of Institutionalized Persons Act, 42 U.S.C. § 1997. The amendment is designed to clarify that the regulations do …
Article • November 15, 1992 • from PLN November, 1992
Status of Reformatory Crowding Litigation by Ed Mead In 1981 prisoners at the Washington State Reformatory in Monroe entered into a consent decree with the state over the issue of double celling. The original complaint, filed by Evergreen Legal Services for Reformatory prisoners back in 1978, alleged a number of …
Article • November 15, 1992 • from PLN November, 1992
Federal Prisoners Must Exhaust Habeas Before Filing Suit by Federal Prisoners must Exhaust Habeas Before Filing Suit Amilcar Marchetti is a federal prisoner who filed a Bivens civil rights suit against various state and federal law enforcement agencies and officials. He complained that his civil rights were violated by the …
Article • October 15, 1992 • from PLN October, 1992
Disciplinary Hearing Must Rely on Preponderance of Evidence by George Goff is an Iowa prisoner who was infracted for verbally abusing a guard. He was found guilty at a disciplinary hearing and filed suit under § 1983 claiming violation of his rights to free speech and due process. The district …
Outside Strip Search Constitutes Excessive Force by Michael Cornwell is an Ohio state prisoner. In February, 1987, while in prison in Mansfield, he participated in a sit down strike with 76 other prisoners protesting a cutback in recreation time. Dahlberg, the prison warden, ordered guards to use force to terminate …
Article • October 15, 1992 • from PLN October, 1992
Prisoner Fined for Frivolous Suit by Astate prison inmate sued a prison guard for $3.55 in actual damages, an injunction, and a declaratory judgement. His claim was that the guard took his coffee bag and two packs of cigarettes. Six days after the suit was filed, the trial court found …
Prisoner Entitled to Receive Medication by Lawrence Hill is an Ohio state prisoner. While in the Cincinnati jail Hill tested positive for tuberculosis and was prescribed medication to prevent it from becoming active and to eradicate it. The medication had to be taken continuously for one year otherwise the bacteria …
Guard Liable for Not Stopping Beating by Other Guards by Guard Liable For Not Stopping Beating by Other Guards Donnie Jones is a New York state prisoner who was beaten by prison guards after refusing to follow orders to go to a transit dorm. Jones was taken to the dorm …
Inhumane Conditions Suit Requires Trial by Marshal Jackson, an Indiana state prisoner filed suit on the subhuman prison conditions he was subjected to in the Indiana penal system. He claimed he was forced to live with filth, inadequate plumbing, roaches, rodents, poor lighting, inadequate heating, rusted out toilets, drinking water …
Article • September 15, 1992 • from PLN September, 1992
Jury Trial Required for Ad-Seg Claim by John Dell-Orfano was arrested and held in administrative segregation (ad seg) in the Suffolk County jail in New York. Before being placed in ad seg he did not receive any type of hearing, notice or opportunity to dispute the placement. He filed suit …
Article • September 15, 1992 • from PLN September, 1992
Preliminary Injunction Issued Against Grooming Code by Three Oklahoma state prisoners filed suit challenging the Oklahoma DOC's policy of banning any facial hair or hair longer than 3 inches in length. The prisoners claimed their religious beliefs forbid the cutting of their hair. In two cases requests for preliminary injunctions …
Washington Feces Watch and Visiting Policy Create Liberty Interest by Rogaciano Mendoza was a prisoner at the Washington State Penitentiary (WSP) at Walla Walla in 1989 when prison officials discovered a broken balloon containing a white substance in the visiting room bathroom being used by Mendozas 6 children. Mendoza was …
Article • August 15, 1992 • from PLN August, 1992
Court Rules on Service and Venue by Arnold Huskey is a BOP (Bureau of Prisons) prisoner confined at the US Penitentiary in Marion, Illinois. He filed suit in the District of Columbia claiming BOP officials had violated his constitutional rights by misclassifying him under 28 C.F.R. § 524.72 (h) resulting …
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