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Article • January 15, 1992 • from PLN January, 1992
Federal Prisoner Gets Medical Records by A federal prisoner filed a request for his medical records under the U.S. Privacy Act, 5 U.S.C. 552a. The Bureau of Prisons (BOP), released 56 pages of the prisoner's medical file, but withheld the remaining 66 pages of files, which contained the evaluations and …
Geronimo Pratt Wins Injunction Against Future Harassment; Loses Drug Trafficking And Possession Appeal by Elmer "Geronimo" Pratt is a political prisoner convicted after an FBI COINTELPRO frame job of murdering a school teacher during an alleged robbery attempt of the victim and her husband on a Santa Monica tennis court. …
Consent Decree Creates a Liberty Interest by Consent Decree Creates A Liberty Interest Stephen Rodi, a Rhode Island state prisoner filed suit under § 1983 claiming he had been put in administrative segregation without cause, notice or opportunity to be heard. The district court dismissed the complaint for failure to …
Article • December 15, 1991 • from PLN December, 1991
Monroe's Struggle Against Double Celling by Ed Mead Monroe's Struggle Against Double Celling: A Status Report By Ed Mead A flood of new rumors have been flying hot and heavy on the double celling status here at the Reformatory in Monroe. Some of these reports say there has been a …
Prison Guards May Not Be Fired for Testifying on Prisoner's behalf by Prison Guards May Not Be Fired For Testifying On Prisoner's Behalf Salvatore Ziccarelli was employed as a guard at the Cook County (Chicago) jail in Illinois. While there he became acquainted with a prisoner facing the death penalty. …
Article • December 15, 1991 • from PLN December, 1991
Oklahoma Must Provide Adequate Funds for Its Public Defenders by In a highly significant case the 10th Circuit Court of Appeals ruled that by failing to adequately fund it's appellate public defenders the Oklahoma State Legislature deprives prisoners of their right to due process and equal protection of law under …
Search of Legal Files Violates Consent Decree by Search Of Legal Files Violates Consent Decree A prisoner at the Iowa State Penitentiary filed a federal civil rights complaint in which he contended that the search of his legal papers by guards, outside his presence, violated a consent decree entered into …
Prison System Increases Cell Integration to Avoid Fines by Faced with the threat of millions of dollars in fines, the Texas Department of Criminal Justice began increasing the number of racially integrated, two-person cells July 1. Before July only about 2 percent of the system's 11,000 double cells were integrated; …
Article • November 15, 1991 • from PLN November, 1991
Sheriff Can't Release AIDS Test Results by Sheriff Can't Release Aids Test Results While awaiting transfer from a county jail to an Alabama prison, a convicted prisoner was given the opportunity to voluntarily submit to an AIDS test. he did so, but only after being assured by the county health …
Article • November 15, 1991 • from PLN November, 1991
Washington Supreme Court Rules on Lifers by John Midgley Washington Supreme Court Rules On Lifers John Midgley, Attorney At Law As most prisoners in the system now know, the Washington Supreme Court in August handed down its decision in the " lifer" case, In re Powell, et al., 117 Wn.2d …
Article • October 15, 1991 • from PLN October, 1991
FBI To Collect Records on Juveniles by FBI To Collect Records On Juveniles The U.S. Justice Department has plans to authorize the FBI to gather juvenile offense records from the states. Law enforcement officials and prosecutors generally expressed support for the proposal. Current Justice Department rules allow the FBI to …
Article • October 15, 1991 • from PLN October, 1991
Oregon Board Rules Held Ex Post Facto by An Oregon prisoner challenged the application of newly adopted parole board rules to his case. He sought review of the board's action in the state Court of Appeals, saying the board should have applied the review rules that were in effect when …
Article • August 15, 1991 • from PLN August, 1991
Grievance System Does Not Create Liberty Interest by A federal prisoner brought a Bivens action against the prison warden and case manager for denying him access to the prison grievance system. The district court granted summary judgment to prison officials and the court of appeals affirmed. The court of appeals …
Article • August 15, 1991 • from PLN August, 1991
The United States Supreme Court: Petition for Writ of Certiori by Wm Daniel Ravenscroft The United States Supreme Court: Petition For Writ of Certioriari by Wm. Daniel Ravenscroft, Atty. At Law Overview: The United States Supreme Court is the highest court in this country. It is also the final forum …
Article • August 15, 1991 • from PLN August, 1991
Legal Mail May Not be Read by Legal Mail May Not Be Read A Florida prisoner filed suit under § 1983 after a letter from his attorney, addressed to him and marked "legal mail," was opened and read in his presence by a prison guard. The guard confiscated the letter …
Article • August 15, 1991 • from PLN August, 1991
Magistrates May Hear Prison Cases by A unanimous Supreme Court ruled that 28 U.S.C. § 636 (b) (1) (B) authorizes the nonconsensual referral to Magistrates for hearing and recommended findings of all prisoner petitions challenging conditions of confinement This ruling allows federal judges to refer to magistrates all prisoners' petitions …
Pro Se Litigants Entitled to Litigation Costs by Pro Se Litigants Entitled To Litigation Costs Benton Burt was a pretrial detainee in San Francisco who filed suit under 42 USC, §1983 in federal court claiming he was confined under illegal and unconstitutional conditions. At a bench trial Burt won his …
Prisoners and the Grievance System by Prisoners And The Grievance System By Paul Wright The Washington Department of Corrections (DOC) and many others have grievance systems to resolve complaints within the prison system rather than going to court to settle them. Many prisoners are skeptical of the grievance system as …
Article • June 15, 1991 • from PLN June, 1991
Mail to Public Officials and Media Protected by Mail To Public Officials And Media Protected The New Jersey Department of Corrections had a regulation that prevented them from opening outgoing "legal correspondence," but allowed prison officials to open,-read; and censor mail being sent to public officials, government agencies and media …
Article • February 15, 1991 • from PLN February, 1991
Prisoner Assaulted by Guard by Prisoner Assaulted By Guard A prison employee was held liable for $1,000 after sticking the barrel of his revolver in the inmate's mouth and cocking the trigger. The prisoner had sought damages for assault in a federal civil rights suit against the prison employee. He …
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