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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 …
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 …
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