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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 …
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 …
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