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Article • August 15, 1992 • from PLN August, 1992
Guards Need Not Disclose Identity Of HIV-Positive Cons by A prisoner in the medium security unit of a Nebraska state prison brought a federal civil rights lawsuit against the warden and other prison personnel, claiming that they subjected him to cruel and unusual punishment by: (1) conspiring to conceal the …
Federal Prisoner Must Exhaust BOP Remedies Before Seeking Habeas Corpus Relief by Federal prisoner Ivan Gonzalez was convicted of possession with intent to distribute three kilograms of cocaine. He was sentenced to five years of imprisonment. The U.S. Parole Commission calculated a presumptive parole date of May 30, 1990. When …
Article • August 15, 1992 • from PLN August, 1992
Court Bans Double Celling by Since 1986 Utah state prison officials have planned to double cell the Wasatch unit of the Utah State Prison in Draper, Utah. In the 1970's Utah prison officials entered into a consent decree with prisoners obligating them to avoid double celling. The prisoners had sought, …
Article • August 15, 1992 • from PLN August, 1992
Adverse Change in Board Rules is Ex Post Facto by Adverse Change In Board Rules Is Ex Post Facto The Oregon Court of Appeals has reaffirmed its holding that application of parole board rules not in effect when a prison committed his crime, and which had the effect of potentially …
Infracting Cop Cannot Hear Own Infraction by John Diercks is a prison informant in protective custody (PC) in Jefferson City, MO. While in PC Diercks approached a prison official and asked him to make the urine samples of two prisoners "disappear" in exchange for which Diercks would supply the names …
Article • August 15, 1992 • from PLN August, 1992
Supreme Court Defines "Frivolous" Lawsuits by The U.S. Supreme Court further defined when federal judges can dismiss as "frivolous" certain lawsuits brought by convicts and others who cannot afford to pay normal court costs. The court, in a 7-2 ruling, said it is largely up to a federal judge to …
Article • August 15, 1992 • from PLN August, 1992
High Court to Decide if Convict Group is "Person" for IFP Status by High Court To Decide If Convict Group Is "Person" For IFP Status A prisoners' association, elected by the general prison population, filed a federal civil rights suit under 42 U.S.C. § 1983 against prison authorities, alleging violations …
Test for Calling Witnesses at Disciplinary Hearing by An inmate was found guilty of fighting and creating a dangerous disturbance on the basis of his being identified in a photo of the fight by an unidentified person. At the disciplinary hearing, he denied the charges and requested the name of …
Article • July 15, 1992 • from PLN July, 1992
Federal Cons Needn't Exhaust Administrative Remedies by A prisoner in a federal correctional institution filed a civil rights lawsuit seeking damages only for alleged deliberate indifference to his medical needs resulting from a back operation and a history of psychiatric problems. The suit was brought pursuant to Bivens v. Six …
Article • July 15, 1992 • from PLN July, 1992
Deaf Inmates Certified as Class by Doris Clarkson is a deaf New York state prisoner who filed suit under 42 U.S.C. F 1983 because the women's prison at Bedford Hills, New York, lacked any type of facilities for deaf prisoners. At this point in the legal process the case primarily …
Article • July 15, 1992 • from PLN July, 1992
Fully Informed Jury Project by G J I wanted to write and say your newsletter is alright! I like being able to see the newest decisions that are coming down, to see how much more rights we are loosing, and losing them we are. I have something your readers might …
New Ruling May Impact Prison Law Library Policies by Ed Mead By Ed Mead Arecent decision by the United States Court of Appeals for the Ninth Circuit could have broad implications on policies governing the operation of inmate law libraries. The case addressed the common problems of proper training for …
Confiscation of Legal Papers States Claim by Charles Brownlee, a Wisconsin pretrial detainee filed a civil rights complaint, pursuant to 42 U.S.C. § 1983, after jail officials confiscated legal documents relevant to a law suit he had filed. That suit claimed he'd been denied access to a dentist for treatment …
Article • July 15, 1992 • from PLN July, 1992
Prisoner Litigants May Be Shackled in Court by Winston Holloway is an Arkansas prisoner who filed suit under § 1983 claiming that living conditions in the state prison's segregation unit violated the eighth amendment. At trial the jury ruled in favor of prison officials on all claims. On appeal Holloway …
Con Awarded $1,500 For Inadequate Book Access by A prisoner housed in a maximum security building at a Delaware prison filed a lawsuit challenging the adequacy of the legal resources available to him. The court found the legal resources provided constitutionally inadequate and awarded him $750 in compensatory and $750 …
Article • June 15, 1992 • from PLN June, 1992
Prison Officials Assault Public Records Law by Adrian Lomax By Adrian Lomax Ayear ago bills were introduced in both houses of the Wisconsin legislature that would have changed the state's public records law so that prisoners would no longer have any right to inspect government records, including those maintained by …
Beating Violates Eighth Amendment by Alfred Flowers is a Louisiana state prisoner who was handcuffed and shackled after a disciplinary hearing, then beaten and kicked by three prison guards without provocation. Flowers suffered a sprained ankle, small abrasions and limited movement range of his limbs as a result of the …
Article • May 15, 1992 • from PLN May, 1992
Delay of Legal Files States Claim by Delay Of Legal Files States Claim A Washington D.C. prisoner was transferred to various state and federal prisons. In the course of the transfers Lorton prison officials delayed and refused to send the plaintiff, Crawford El, his property containing his legal materials. Crawford …
Article • May 15, 1992 • from PLN May, 1992
Guards Can't Be Prevented From Making Positive Recommendations To Parole Board by A policy prohibiting correctional employees from making recommendations directly to the parole board could be challenged by inmate asserting correctional employee's first amendment rights; such communications were not "purely personal," the court held, but rather involved matters of …
Can't Stop Con's Legal Help Due to Transfer by Can't Stop Con's Legal Help Due To Transfer A New York prisoner incarcerated at Attica was granted authorization to provide legal assistance to two other inmates after completing a law clerk training program sponsored by the Department of Correctional Services. When …
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