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Felony Trial for Planted Knife Is Malicious Prosecution by Felony Trial for Planted Knife is Malicious Prosecution In an unpublished opinion, the Tenth Circuit held that a felony prosecution for possession of a knife planted by a guard in a prisoner's cell in retaliation for complaining about the guard was …
Strip Searched Massachusetts Women Settle Suit for $80,000 by On December 12, 1997, the Massachusetts DOC settled a lawsuit filed by women prisoners for a total of $80,000 plus attorney fees. The class action suit was filed in Suffolk county superior court on behalf of 112 female prisoners by Massachusetts …
High-Tech Vendors Penetrate Prison Market by by W. Wisely Ascanner that detects a heartbeat fifteen feet underground, a razor blade that crumbles when tampered with, clear plastic televisions and radios. Sound like some high-tech future? Guess again. These are just a few of the new technologies being used and considered …
Article • November 15, 1996 • from PLN November, 1996
Guard Caught Holding the Knife by A former Pontiac Illinois prison guard, Rick Householder, 41, was convicted on June 25, 1996 of possessing a homemade knife. Householder, who was once named "Officer of the Year" for his skill at finding contraband weapons, was convicted of possession of contraband in a …
Sandin Inapplicable to Detainee Disciplinary Claims by The court of appeals for the ninth circuit held that a jail policy prohibiting detainees from calling live witnesses to testify at disciplinary hearings, under any circumstances, was unconstitutional. The court held that prison and jail rules confer no legal rights to prisoners …
Fabricated Charges State Claim by The court of appeals for the second circuit has held that a prisoner alleging guards had planted contraband in his cell in retaliation for prior lawsuits had presented sufficient evidence to proceed to trial. The court also held that the federal § 1983 suit wasn't …
Harassing Searches State Claim by Alnoraindus Burton is an Illinois state prisoner. He filed suit under 42 U.S.C. § 1983 claiming that after he filed administrative grievances against prison guards who used racist slurs against him he was subjected to a widespread campaign of harassment and retaliation by the guards. …
Contempt Finding Reversed by In 1980 prisoners at the Iowa State Penitentiary (ISP) entered into a consent decree, Dee v. Brewer, with prison officials which prohibited guards from searching or removing prisoners legal papers from their cells when the prisoner was not present, unless exigent circumstances existed. In 1993 ISP …
Retaliation Suit Requires Trial by Allan Dillon is a Virginia state prisoner who was raped by another prisoner. Lawrence Dury was the Virginia DOC (VDOC) internal affairs investigator assigned to investigate the rape. During a search of Dillon's cell pursuant to the investigation, Dury discovered papers indicating that Dillon was …
Article • May 15, 1993 • from PLN May, 1993
Unlawful to Read Legal Mail in Prisoner's Cell by Robert Proudfoot is a Pennsylvania state prisoner. After anonymous informants stated Proudfoot was selling drugs from his cell, prison guards searched his cell three times in eight days. No drugs were found. During one of three cell searches guards opened sealed …
Article • October 15, 1992 • from PLN October, 1992
Filed under: Searches, Cell Searches
Cell Searches States Claim by Travis Blanks, a Wisconsin state prisoner, filed suit under 1983 claiming his 8th amendment rights had been violated by prison officials searching his cell nearly everyday for a 2 week period. The District Court granted Blanks leave to proceed In Forma Pauperis . The court …
Article • December 15, 1991 • from PLN December, 1991
Guards Liable for Harassing Searches of Cell by Guards Liable For Harassing Searches Of Cell Although searches of a prisoners' cell do not violate the fourth amendment, they can be "punishment" under the eighth amendment. Searches of a prisoner's cell conducted in order to harass the prisoner in retaliation for …
Passin' Gas by Clark Stuhr Here at the Washington State Penitentiary's Intensive Management Unit (IMU) there is no end to the mental and physical torture being inflicted upon the inmates. The latest of which are the new use of force tactics being used by IMU staff since the placing of …
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 …
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