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Ex Post Facto Conflict Within Ninth Circuit

Article • December 15, 1993 • from PLN December, 1993

Filed under: Sentencing, Ex Post Facto, Parole

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

Article • December 15, 1993 • from PLN December, 1993

Filed under: Organizing, Prison Rebellion

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

Article • August 15, 1993 • from PLN August, 1993

Filed under: Searches, Strip Searches, Arrestee Searches, Qualified Immunity

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

Article • July 15, 1993 • from PLN July, 1993

Filed under: Prosecutor/Attorney General Misconduct, Retaliation for Litigating, Attorneys General, Costs, Seizure of Prisoner Funds, Immunity/Liability, Qualified Immunity, Prosecutorial Immunity

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

Article • March 15, 1993 • from PLN March, 1993

Filed under: Seizure of Prisoner Funds, News, State Legislation

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

Article • December 15, 1992 • from PLN December, 1992

Filed under: Disciplinary Hearings, Disciplinary Litigation, Administrative Exhaustion

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

Article • August 15, 1992 • from PLN August, 1992

Filed under: Civil Procedure, State Law Claims, Ex Post Facto, Parole

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

Article • October 15, 1991 • from PLN October, 1991

Filed under: Civil Procedure, State Law Claims, Ex Post Facto, Parole

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

Article • February 15, 1991 • from PLN February, 1991

Filed under: Conditions of Confinement, Food, Eighth Amendment

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

Article • January 15, 1991 • from PLN January, 1991

Filed under: Prison Rebellion, Standard of Proof, Civil Procedure, State Law Claims

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

Article • May 15, 1990 • from PLN May, 1990

Filed under: Crime/Demographics, Prison/Jail Murders

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?

Article • May 15, 1990 • from PLN May, 1990

Filed under: Guard Misconduct, Crime/Demographics, Prison/Jail Murders

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

Brief • December 10, 1985

Filed under: Prison Rebellion, Shootings, 42 U.S. Code § 1983, civil action for deprivation of rights

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, Complaint, Oregon DOC Censorship 1998

Filing

Prison Legal News v. Cook, Complaint, Oregon DOC Censorship 1998 RECEIVE D ALISON HARDY , O SB 11 9 8060 Oregon Law Center 813 SW Alder Street Portland, OR 91205 Tel. (503) 295-2760 FAX (503) 295-0676 MARC BLAC KMA.. l, OSB 1173033 " Ransom Blackman 100 1 Fifth Avenue, Suite …

Prison Legal News v. Cook, Ninth Circuit Opinion Reversing Dismissal, Oregon DOC Censorship 2001

Filing

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

Filing

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

Filing

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 …

Prison Legal News v. Schumacher, Amended Complaint, Oregon DOC Censorship 2002

Filing

Prison Legal News v. Schumacher, Amended Complaint, Oregon DOC Censorship 2002 1 2 3 4 5 6 7 8 9 10 11 12 13 MARC D. BLACKMAN RANSOM BLACKMAN LLP 1001 S.W. Fifth Street, Suite 1400 Portland, OR 97204 (503) 228-0487 (telephone) (503) 227-5984 (facsimile) marc@ransomblackman.com OSB No. 73033 MICHAEL …

Prison Legal News v. Schumacher, Settlement, Oregon DOC Censorship 2003

Filing

Prison Legal News v. Schumacher, Settlement, Oregon DOC Censorship 2003 ., . Marc Blackman Ransom and Blackman LLP 1001 S.W. Fifth Street, Suite 1400 Portland OR 97204 Michael Gendler GENDLER & MANN, LLP 1424 Fourth Avenue, Suite 1015 Seattle WA 98101·2217 REGEl V ED ~~~~~\IJ~~ JAN 2 7 2003 lilJ …

Prison Legal News v. Columbia County, Findings of Fact re: Permanent Injunction 2013

Filing

Prison Legal News v. Columbia County, Findings of Fact re: Permanent Injunction 2013 Case 3:12-cv-00071-SI Document 214 Filed 04/24/13 Page 1 of 46 Page ID#: 4530 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION PRISON LEGAL NEWS, a project of the HUMAN RIGHTS DEFENSE CENTER, …