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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 …
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 …
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