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MO Court's HIV Disclosure Rule Struck Down by Judges in Cole County, Missouri enacted a local court rule requiring that jail officials inform them, in camera, whether a prisoner scheduled for a court appearance had an infectious disease or carried the HIV virus believed to cause AIDS. The purported reason …
Article • August 15, 1994 • from PLN August, 1994
Little Diversity in WA State Courts by A survey conducted by the Washington State Supreme Court's task force on diversity in the judiciary yielded not very surprising results. Out of 451 state judges in Washington 95 percent, all but 22, are white. Only three of those 22 are in courts …
OR DOC Held in Contempt for Retaliatory Transfer by In 1988 Arlen Smith and several other Oregon state prisoners sought judicial review of Oregon DOC administrative regulations in Oregon state courts. Shortly before the briefs were due, Smith, the initiator of the litigation, was transferred to the Nevada state prison …
Article • August 15, 1994 • from PLN August, 1994
Oppression on the Rise in Arizona by O'Neil Stough By O'Neil Stough Arizona has joined the ranks of many other prisons nationwide where oppressive and tried-and-failed barbaric methods of the distant past are being re-instituted. Governor Fife Symington, up for reelection this year, and Director of Corrections, Sam Lewis whose …
Article • July 15, 1994 • from PLN July, 1994
Lockdown May Be Unconstitutional by Danny Eason is a Texas state prisoner. After two disturbances, in which he was not involved, the prison he was housed in was locked down for a total of 25 days. He claimed that during this period he was denied access to the prison law …
ISR Seg Conditions Suit Not Frivolous by Twelve prisoners in the segregation unit of the Indiana State Reformatory (ISR) filed suit challenging their conditions of confinement. They claimed that their right to freely practice their religious faith was violated when they were denied access to religious programs; their right of …
Article • June 15, 1994 • from PLN June, 1994
Court Allows Video Commitment Hearing by Leroy Baker is a federal prisoner who was scheduled for a hearing to determine if he would be committed to a mental health facility. While there is nothing unusual about such hearings, this one was conducted by means of "teleconferencing" whereby Baker and his …
Intake Center Prisoners Have Right of Access to Courts by After conviction and sentencing, Oregon prisoners are taken to the Oregon Corrections Intake Center (OCIC) which conducts an initial assessment and classifies the prisoner to the prison he/she will ultimately be sent. The average stay is between four to twelve …
Article • June 15, 1994 • from PLN June, 1994
Filed under: Computers, Court Access
Computerless in Alaska by W.C. It was with intense interest that I read your editorial in the February, 1994, issue in which you described the end of your 5 year struggle to get your computers back for in-cell use. I am sorry to tell you, our struggle has only recently …
Improper Testimony Requires Reversal by Ronald Davidson is a New York state prisoner. He filed suit claiming that a prison guard had destroyed his legal materials after they had an altercation. The case went to trial. The guard's attorney, from the state's Attorney General's office, sought to admit evidence to …
Article • May 15, 1994 • from PLN May, 1994
Prisoner Litigants Have Right to Out of State Citations by Rick Petrick is an Oklahoma state prisoner. The sentence he is serving in Oklahoma was enhanced as a result of prior convictions from Minnesota and North Dakota. While confined at the Oklahoma State Penitentiary (OSP) he sought to bring collateral …
Prison Officials Can't Prevent Jailhouse Lawyers From Assisting Other Prisoners by Paul Gibbs is a Michigan state prisoner and jailhouse lawyer. He was placed in segregation in late 1990 for possessing contraband. On April 2, 1991, he was reclassified back to the general population. Due to a lack of bed …
AZ DOC Denies Court Access by This case deals with a class action suit filed by Arizona state prisoners. They claimed that Arizona prison officials denied them access to the courts by enacting policies that unduly abridged their ability to file and litigate court actions. The district court ruled in …
Jail Detainees Have Right to Library Access by This case involves a consolidated appeal of one suit by three Wisconsin county jail detainees and one by an Indiana jail detainee. All of the plaintiffs claimed their right of access to the courts was violated because the jails they were held …
Washington Litigation Update by Access to the Courts: Prisoners at WCC, TRCC, MICC and WSP have filed suit concerning DOC policies, rules and practices which restrict their right of access to the courts. Scott v. Peterson , Case No. C92-5232B, filed in US District Court in Tacoma, is a consolidation …
Article • April 15, 1994 • from PLN April, 1994
Court Rules on Control Unit Law Library Access by Abdul Akbar is a Delaware state prisoner confined in the Maximum Security Unit (MSU) of the Delaware Correctional Center (DCC). The MSU is a control unit for the long-term segregation of prisoners that prison officials allege to be a danger within …
Article • April 15, 1994 • from PLN April, 1994
AZ Prisoners Have Right to Court Access by Antonio Bustamonte is an Arizona state prisoner held at the Winslow prison. In April of 1992 a riot broke out at the prison resulting in Bustamonte's housing unit being locked down. One of the consequences of the lockdown, in which prisoner's were …
Article • March 15, 1994 • from PLN March, 1994
OH Prisoners Seek Court Access by Ohio prisoners have filed a class action suit alleging that the Ohio DOC has promulgated conditions which prevent the exercise of prisoners right of access to the courts. The claims include depriving prisoners in segregation and protective custody of law library access and access …
Article • February 15, 1994 • from PLN February, 1994
Filed under: Court Access, Judiciary
Rule of Law or Rule of Five? by Mark Tushnet By Mark Tushnet During her confirmation hearings Ruth Bader Ginsburg repeatedly described the role of the Supreme Court Justice as one of enforcing the rule of law. When she begins to work on the Court's cases, though, she may find …
Article • February 15, 1994 • from PLN February, 1994
Shackling of Con Litigants Discussed by Joe Woods is an Illinois state prisoner. He sued prison officials claiming his eighth amendment rights were violated when they did not feed him for two days during a lockdown. A jury ruled in favor of the prison official defendants. Woods appealed claiming that …
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