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Article • January 15, 1991 • from PLN January, 1991
Non-Stenographic Depositions by Paul Wright By Paul Wright The most crucial part or process of a civil rights suit is the discovery process. In prison suits the defendants, i.e. prison officials, have almost sole possession of the evidence that you will need to prove your claims. Many prisoners do not …
Article • January 15, 1991 • from PLN January, 1991
Failure to Disassociate Noninfractable by A prisoner sought judicial review of a disciplinary hearing finding him guilty of advocating, creating, engaging in or promoting a disturbance. There was indeed a disturbance, the court found, but a violation of the rule is only shown by an inmate engaging in "some affirmative …
Article • January 15, 1991 • from PLN January, 1991
Filed under: Civil Procedure, Appeals
Notice of Appeal Filed When Given to Cops by Notice of Appeal Filed When Given To Cops The Ninth Circuit Court of Appeals has held that a pro se prisoner's notice of appeal from the denial of a civil law suit or habeas corpus relief is considered to have been …
Article • January 15, 1991 • from PLN January, 1991
Florida DOC Offers Settlement by In 1988 the Florida Justice Institute filed a class action suit on behalf of PC (Protective Custody) prisoners. The suit challenges the fact that PCs aren't allowed to work, thus can't earn good time which extends their prison sentence; are locked down 23 hours a …
Article • December 15, 1990 • from PLN December, 1990
Filed under: Civil Procedure, Complaints
Prisoners' 1983 Suits by JD Enquist J. D. Enquist This is part two of the article Prisoners' 1983. It will be written from a somewhat different slant; your due process rights as protected by the Fourteenth Amendment. Prison employees are taught that in order to be effective they must view …
Article • December 15, 1990 • from PLN December, 1990
Magistrate Recommends Continued Single Celling at Reformatory by Ed Mead There has been a long and bitterly fought struggle by prisoners at the Washington State Reformatory to enforce a consent decree mandating single celling. The consent decree is a product of a 1978 civil rights complaint filed by Evergreen Legal …
Article • November 15, 1990 • from PLN November, 1990
Filed under: Civil Procedure, Complaints
Authority by JD Enquist By: J. D. Enquist It seems that there are increasingly more and more prisoner litigants and many of them becoming jailhouse lawyers. Or as it has been suggested, In-house Legal Consultants or Prisoners Legal consultants. The latter being of no importance, this article is focused on …
Article • November 15, 1990 • from PLN November, 1990
Filed under: Civil Procedure, Complaints
Prisoners' 1983 by JD Enquist PRISONERS' 1983 BY J.D. Enquist Ask what the most common lawsuit filed by prisoners is and instinctively the answer will be the "Prisoners' 1983." The section 1983 is the result of the Civil Rights Act of 1871. The statute was originally enacted by Congress under …
Transsexual Wins Hormones Case by A male transsexual (born with male body by psychologically a woman) prisoner sued prison officials, claiming that denying her the opportunity to continue estrogen treatments at her own expense constituted indifference to her serious medical needs. The plaintiff had a number of surgeries ant procedures …
Article • November 15, 1990 • from PLN November, 1990
Fully Informed Jury Amendment by FULLY INFORMED JURY AMENDMENT FIJA is a national group which seeks to put laws on the books in all 50 states which will inform juries that they have the right to return not guilty verdicts if the ends of justice would not be served by …
Article • October 15, 1990 • from PLN October, 1990
Wetmore v. Gardner by At 735 F.Supp 974, is the ruling of Federal Judge Quakenbush on the states Motion to overturn the jury verdict in favor of Mr. Wetmore challenging the policy of rectal "probes" by officials at the Walla Walla Penitentiary. The jury found the policy unconstitutional and awarded …
Sexual Harassment Suit Settled by The Texas Department of Corrections (TDC) paid secretary Charlene Atchinson $85,000 to settle a sexual harassment suit filed against Warden Jack Garner and Regional Director Marshal Herklotz of the Palestine Unit in East Texas. In the suit, Ms. Atchinson alleged Warden Garner unzipped his pants …
Article • September 15, 1990 • from PLN September, 1990
Filed under: Civil Procedure, Discovery
Litigating for Maximum Effect by John Perotti Litigating For Maximum Effect By John Perotti A lot of us know that our system of justice is a hypocritical one-Just-Us. The rich buy their justice; the poor are served theirs in prison cells every time they're served their cold oatmeal and powered …
Article • September 15, 1990 • from PLN September, 1990
Fire Hosing Stopped! by Fire Hosing Stopped!!! On July 9, 1990, US District Court Judge Arthur Spiegel entered a preliminary injunction ordering a halt to the practice of Ohio prisoncrats at Lucasville, of firehosing prisoners in their cells. A full trial on the merits will follow.
Summary Judgment on Retaliation by Summary Judgment On Retaliation The prisoner's appearance in court was a protected activity, and prison disciplinary action, taken immediately upon his return from court, provided circumstantial evidenced that prison officials retaliated against him for the exercise of his right of access to the courts. The …
Article • July 15, 1990 • from PLN July, 1990
Civil Rights Suit For Damages Against State Prison Officials In Individual Capacities by Two prisoners filed a civil rights damage suite against state correctional officials, charging that they were denied due process because they were not given a timely hearing before being placed in segregation. The court noted that, under …
Article • June 15, 1990 • from PLN June, 1990
DOC Settles Immigration Suit by Paul Wright By Paul Wright The INS (Immigration and naturalization Service) in collusion with the DOC holds deportation hearings at the Wash. Corr. Center in Shelton for so-called "criminal deportee's", these are convicted felons who have had their immigration status revoked because of felony convictions. …
Article • May 15, 1990 • from PLN May, 1990
Prisoner Gets $500 in Records Suit by PRISONER GETS $500 IN RECORDS SUIT A prisoner in Michigan State sent a letter to DOC stating he'd received a major misconduct infraction and was found guilty. He then requested copies of the misconduct report, all statements and documents submitted at the hearing, …
$241,000 Damages Upheld in Beating by $241,000 DAMAGES UPHELD IN BEATING A prisoner riot broke out when thirty prisoners forced their way into an area where they fought guards who were trying to remove a drunken prisoner. During the fight, one guard was fatally stabbed and several others wounded. When …
Most Punished for Exercising Right to Jury Trial by MOST PUNISHED FOR EXERCISING RIGHT TO JURY TRIAL In 89% of the estimated 583,000 felony convictions in state courts during 1986, the defendant pleaded guilty instead of standing trial before a judge or jury, the U.S. Justice Department's Bureau of Justice …
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