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Article • May 15, 1992 • from PLN May, 1992
Not All Are Frivolous by A L I wanted to write about something in the March issue of the PLN. On page 6, an article addressing an absurdly frivolous lawsuit filed by a couple of idiots here about lottery tickets, says: "Wisconsin prisoners answered the question by filing suit alleging …
Article • May 15, 1992 • from PLN May, 1992
Jailhouse Lawyers Win One by On January 14th the U.S. Supreme Court issued a modest victory for jailhouse lawyers and other poor litigants, ruling that a technical problem with filing a legal appeal does not necessarily void a court from considering the case. The court, in a unanimous ruling, said …
Article • May 15, 1992 • from PLN May, 1992
Dismissal of Religious Freedom Suit Reversed by Dismissal Of Religious Freedom Suit Reversed Robert McKinney is an Oklahoma state prisoner who was infracted for refusing to cut his hair and who was not allowed to practice his Native American religion. His religious beliefs forbid him from cutting his hair. McKinney …
Court Must Rule on Discovery Before Dismissal by Court Must Rule On Discovery Before Dismissal John Dean was awaiting trial in an Alabama jail when he got into a dispute with a former death row inmate awaiting a retrial. Dean was stabbed and slashed several times and had his head …
Article • April 15, 1992 • from PLN April, 1992
Claims Regarding Conditions in State Prison Were Sufficient to Survive Summary Judgment by On December 30th the U.S. Court of Appeals for the Fourth Circuit provided some illumination as to what sort of allegations by an inmate regarding allegedly unconstitutional prison conditions are adequate to withstand a motion by prison …
Article • April 15, 1992 • from PLN April, 1992
Qualified Immunity Granted in Digital Rectal Searches by Qualified immunity Granted In Digital Rectal Searches In a case that may affect the many Washington state prisoners who were subjected to digital rectal searches, the 4th circuit court of appeals upheld a jury finding of qualified immunity for Arizona prison officials …
CBCC Publisher Only Rule Upheld on Qualified Immunity Grounds by Martin Johnson was a federal prisoner sent to the Clallam Bay Corrections Center (CBCC) in Washington state as a boarder. He filed suit challenging numerous aspects of prison conditions under the due process clause of the federal constitution. The district …
Prisoner Entitled to Discover Identity of Attackers by Prisoner Entitled To Discover Identity Of Attackers Chris Murphy filed a 1983 suit claiming that while he was imprisoned in the Harris County Jail, in Texas, he was beaten and attacked by jail guards in retaliation for having complained of jail conditions. …
Article • April 15, 1992 • from PLN April, 1992
Complaint Should Not Be Dismissed for not Complying with Local Rule by Stephen Stackhouse, a former Pennsylvania state prisoner, filed a civil rights suit claiming he was denied due process and subjected to cruel and unusual punishment while in prison. The defendants filed for dismissal and for summary judgement, Stackhouse …
Article • April 15, 1992 • from PLN April, 1992
Guard Liable for Hitting Prisoner by Guard Liable For Hitting Prisoner Ronald Neal is a Michigan state prisoner who was punched in the groin by a prison guard. Neal filed suit under 1983 claiming that his 8th amendment and due process rights had been violated, he also included a pendent …
Article • March 15, 1992 • from PLN March, 1992
Prison Visitor May Not Be Unreasonably Searched by Dawn Cochrane filed suit under 42 U.S.C. 1983 claiming her fourth amendment right to be free from unreasonable searches was violated when she was told to submit to a strip search or she would never be allowed to visit her father in …
Detainee's Beating is Cruel and Unusual by Detainee's Beating Is Cruel And Unusual Marcus Miller was a detainee in the Tulsa, OK, jail when he was ordered out of the jail law library. Miller refused and jail guards knocked him to the floor, handcuffed him and put him in a …
Article • March 15, 1992 • from PLN March, 1992
Status of Monroe's Litigation Against Double Bunking by Ed Mead By Ed Mead Bob Stalker, the Washington state attorney for Monroe prisoners on their suit against double bunking, recently visited that prison to discuss the current status of the Litigation with inmate club heads and the Resident advisory Council (RAG). …
Article • March 15, 1992 • from PLN March, 1992
Constitutional Right for Cons to Buy Lottery Tickets? Federal Court Says Nyet by Robert Pierce By Robert Pierce To file or not to file, frivolousness is the question. Wisconsin prisoners answered the question by filing a lawsuit alleging that they were constitutionally entitled to purchase lottery tickets. The action stated …
Article • March 15, 1992 • from PLN March, 1992
The Protection of the Law by Bill Dunne The Protection Of The Law By Bill Dunne There are lots of laws on the books that say the various agencies of the government must do (or not do) this or that for the governed, from whom the "just powers" of those …
Article • March 15, 1992 • from PLN March, 1992
Unsuccessful Litigant Can Be Obligated to Pay Defendant's Cost by Unsuccessful Litigant Can Be Obligated To Pay Defendant's Costs Three Michigan state prisoners filed suit and were granted permission by the district court to proceed in forma pauperis, without the prepayment of fees or court costs. The case was dismissed …
Article • February 15, 1992 • from PLN February, 1992
Justice Dept. to Take Back Higher Inmate Limits by Ronald J Ostrow Justice Dept. To Take Back Higher Inmate Limits By Ronald J. Ostrow, Los Angeles Times From: Seattle Times, January 15, 1992 Agency taking hard-line position on crowded prisons WASHINGTON - Outlining a major policy shift, Attorney General William …
Article • February 15, 1992 • from PLN February, 1992
Denial of Personal Hygiene Items States Claims by Denial Of Personal Hygiene Items States Claims A Kentucky state prisoner claimed that while he was held in a county jail he was denied personal hygiene items for two weeks which violated his Eighth amendment rights. He also claimed that jail officials …
Article • January 15, 1992 • from PLN January, 1992
Alaska Con Has Liberty Interest in Prison Job by An Alaskan prisoner was subjected to a random urine test using the Enzyme Multiplied Immunoassay Technique (EMIT). He tested positive for marijuana use. Immediately after the test results came in, and without a disciplinary hearing, the prisoner was removed from his …
Racial Discrimination in Prison Challenged by Racial Discrimination In Prison Challenged New York's Elmira Correctional Facility is plagued by racism toward prisoners in the areas of job placement, housing assignments, and discipline, the U.S. District Court for the Western District of New York held. Relying on both anecdotal and statistical …
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