Public Strip Searches Unlawful by Alvin Canell is an Oregon state prisoner held at the Oregon Corrections Intake Center (OCIC), which is jointly operated by the Oregon DOC and Clackamas County. Upon arriving, leaving or after any trip outside of OCIC, prisoners are made to disrobe, lift their genitals, bend …
Legal News in Brief - 9th Cir. Amends LeMaire Opinion by The Court of Appeals for the ninth circuit recently amended an opinion concerning the constitutionality of conditions in the Oregon State Penitentiary's (OSP) Disciplinary Segregation Unit (DSU). PLN reported the decision in Vol. 5, No. 1 (January, 1994). The …
Ninth Circuit Approves Oregon Control Unit Conditions by Paul Wright By Paul Wright This is a case which challenged numerous conditions of confinement at the Oregon State Penitentiary's Disciplinary Segregation Unit (DSU), which is a control unit. The ruling does not bode well for prisoners seeking to question such conditions. …
Ex Post Facto Conflict Within Ninth Circuit by In the October PLN we reported on the case of Powell v. DuCharme , 998 F.2d 710 (9th Cir. 1993) in which a panel of the ninth circuit court of appeals held that the ex post facto clause was not violated by …
Riot Hits FCI Sheridan by On Sep. 2, 1993, a riot broke out at the overcrowded FCI in Sheridan, OR. According to a report in The Columbian , of Sep. 3, 1993, an office building at the four year old medium security prison was burned to the ground after 20 …
9th Circuit Announces New Qualified Immunity Rule by This case arises from the strip searching of arrested AIDS protestors at a federal building demonstration in Portland, OR. While this is not a prison case the appeals court has announced a new rule concerning the qualified immunity doctrine which is often …
AG Not Entitled to Immunity by Paul and I have been doing the newsletter with this new 16-paged magazine format for several months now, and in that time we have managed to get a sense of what difference in cost this new printing system will make. By dividing our production …
Oregon Wants Prisoners to Pay for Incarceration by The Oregon DOC has introduced a bill into the Oregon Legislature that would allow the state to charge prisoners for their costs, which include transportation, room, board, clothing, security, medical and other living expenses. According to the DOC, the average cost of …
BOP Prisoners Don't Need to Exhaust Administrative Remedies by BOP Prisoners Don't Need To Exhaust Administrative Remedies Donald Cooney is a federal prisoner who was infracted for insolence to a staff member, found guilty and removed from his job position as a sanction. Cooney began an administrative review of the …
Adverse Change in Board Rules is Ex Post Facto by Adverse Change In Board Rules Is Ex Post Facto The Oregon Court of Appeals has reaffirmed its holding that application of parole board rules not in effect when a prison committed his crime, and which had the effect of potentially …
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 …
Nutraloaf and the Law in the Northwest by Wasseneh Taddasse Nutraloaf And The Law In The Northwest By Wasseneh Taddesse Nutraloaf is a dog-food type substance fed to prisoners on segregation status, generally to those who have committed some additional infraction while on that status. As with all repressive measures, …
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 …
Ex - Con Charged in Francke Murder by Frank E. Gable has been charged with murder in connection with the killing of Oregon DOC Director Michael Francke. The ex-con Gable said: "I don't know how I first got implicated, but I'm real scared it's going to end in me getting …
Did DOC Employees Murder Michael Franke? by On the evening of January 17, 1989, Oregon Department of Corrections Director Michael Francke left his office at the Dome Building in Salem. He never made it out of the parking lot. Someone had stabbed him in the heart. He died on his …
Whitley v. Albers, OR, Certiorari Syllabus, Prison Riot, 1985 OCTOBER TERM, 1985 Syllabus 475 U. S. WHITLEY, INDIVIDUALLY AND AS ASSISTANT SUPERINTENDENT, OREGON STATE PENITENTIARY, ET AL. v. ALBERS CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 84-1077. Argued December 10, 1985-Decided March 4, 1986 …
Prison Legal News v. Cook, Ninth Circuit Opinion Reversing Dismissal, Oregon DOC Censorship 2001 PRISON LEGAL NEWS; MARK WILSON; MICHAEL TUCKER; HUNG LE, Plaintiffs-Appellants, v. DAVID S. COOK, Director of Oregon Department of Corrections; DAVID SCHUMACHER, Rules/Compliance Manager of Oregon Department of Corrections, Defendants-Appellees. No. 99-36084 UNITED STATES COURT OF …
Prison Legal News v. Cook, Judgement on Remand, Oregon DOC Censorship 2001 ( . " f 6 7 It . THE fNITED TED lSTRlCT co UR 8 9 FOR T D[STRlC F REGD. ) ) ) . ) Defe B ed on the R cord r F ms. . Oft …
Prison Legal News v. Cook, Order on Attorney Fees, Oregon DOC Censorship 2001 ( Eflte e or. th~ Docket or. fILED ??" 20 I AUG -1 -:- fPJre([;~llW~ra AUG 10 2001 l.Y SAMUEL J. STILTNER Attorney at law rN THE lTNTTED STATES DISTRICT CURT FOR THE DlSTRICT OF OREGON PRlSON …
