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Gender Based Treatment Disparity Violates Equal Protection by Ed Mead If you are a woman and you break the law in Nebraska, and if you are required to serve a prison sentence, you will be sent to the Nebraska Center for Women (NCW). NCW is located in York, a small …
Article • November 15, 1993 • from PLN November, 1993
Pages from a Jailhouse Journal by Nick DiSpoldo By Nick DiSpoldo The present Supreme Court, led by Chief Justice William Rehnquist, has modified nearly all of the rights granted prisoners under the Warren court (1953 -- 69). Mr. Rehnquist, whom I suspect serves as technical advisor for television's Night Court …
Litigation and Service Protected by First Amendment by Eric Schroeder is a Hawaii State prisoner. While working in the prison law library he assisted other prisoners with their legal problems. Another prisoner asked Schroeder to serve Tranquillino Mabellos, a staff education specialist at the prison, with a summons and complaint …
Access to Courts: Standing to Assert Right by Access To Courts: Standing To Assert Right This access to the courts case was filed by the Prisoners' Legal Association (PLA), a sanctioned organization of seven jailhouse lawyers operating inside the East Jersey State Prison. The PLA claimed they were harassed because …
Article • October 15, 1993 • from PLN October, 1993
Court Access for Spanish Speakers by This is a § 1983 access to the courts case filed by a county jail prisoner who was not conversant in the English language. The plaintiff, Acevedo, claimed that his jailers denied him meaningful access to the courts by failing to maintain an adequate …
Article • October 15, 1993 • from PLN October, 1993
Pro Se Detainee Has Access Rights by A detainee held in the Metropolitan Correctional Center (MCC) at San Diego, named Gust Janis, was awaiting trial on federal drug manufacturing and possession charges. Janis was also involved in a number of other criminal and civil cases, telling the court he has …
Article • September 15, 1993 • from PLN September, 1993
Harassment of Jailhouse Lawyer Violates Access to Courts by Aprison guard's harassment of inmate paralegals is actionable under 42 U.S.C. § 1983 as a violation of other prisoners' right of access to the courts, which was recognized as a constitutional right in Bounds v. Smith , 430 U.S. 817 (1977), …
Law Librarian Liable for Access Violations by A Lorton prisoner at the Occoguan Facility brought suit under 42 U.S.C. §§ 1983 and 1988 and the first, fifth, sixth and fourteenth amendments to the constitution. The complaint alleged a pattern of exclusion and harassment in connection with his use of the …
Ad Seg Right to Eyeglasses and Toilet Paper by Vernon Williams is a California state prisoner in administrative segregation (ad seg) at San Quentin. He filed suit challenging numerous conditions of his confinement. The court granted Williams leave to proceed In Forma Pauperis. This is not a ruling on the …
Choice Between Exercise and Access Struck Down by The message in this case is that both the right of access to the courts and the right to outdoor exercise are important ones. "To sanction the policy of forcing a prisoner to choose between two important, indeed fundamental, rights," the court …
Article • August 15, 1993 • from PLN August, 1993
Shackling Plainitff Violates Right to Fair Trial by Edward Lemons is an Illinois state prisoner. He claimed that while in segregation he was attacked and severely beaten by prison guards. When his case went to trial the judge went along with the defendant's request that Lemons be handcuffed and manacled …
Article • July 15, 1993 • from PLN July, 1993
Confiscation of Legal Materials States Claim by Wayne Zilich is a Pennsylvania state prisoner. When he was transferred from prison to a county jail for court proceedings jail guards confiscated a number of his transcripts, legal materials and papers and refused to return them. Zilich filed suit under § 1983 …
Notice of Appeal Filed When Given to Prison Officials by Samuel Hamm is a Missouri state prisoner. While employed as a prison law clerk he claims prison officials threatened and harassed him in retaliation for the performance of his duties. The defendants' conduct included threatening him with administrative segregation, infracting …
Article • June 15, 1993 • from PLN June, 1993
Filed under: Court Access
Arizona Court Access by RC I am in receipt of your March issue of PLN, and find that the info is/will be very useful. In regards to Access to the Courts (Casey v. Lewis), I feel I should inform you of some facts about the above. This thing, access to …
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 • April 15, 1993 • from PLN April, 1993
Confiscation of Law Books States Claim by Tyrone Chavers is a Wisconsin state prisoner. He filed suit under § 1983 after prison officials confiscated his lawbooks. This case is the district court's ruling on Chavers' In Forma Pauperis (IFP) request. The defendants had not yet been served in the case. …
Wisconsin Lacks Adequate State Remedies for Due Process Violations by Varees Smith is a Wisconsin state prisoner. He was infracted for allegedly charging another prisoner to do legal work. He filed suit under § 1983 claiming his due process rights were violated when a disciplinary hearing was held without notice …
Damages Awarded to HIV+ Jail Prisoner by Louise Nolley is an HIV+ prisoner held in the Erie County Jail in New York. She filed suit under § 1983 contending that various jail practices violated her rights. The objectionable practices included: automatically segregating HIV+ prisoners; denying HIV+ prisoners law library and …
Article • March 15, 1993 • from PLN March, 1993
Prisoners File Record Number of Suits by Paul Wright By Paul Wright We often hear prison officials, the various attorney generals, and the courts complain about what they call a "flood" of prisoner litigation. I, for one, became curious as to how many lawsuits constitute a "flood." I have been …
Federal Judge Says Prisoners Denied Access to Courts by Prisoners in Arizona have been denied adequate means to communicate with lawyers, perform legal research, and otherwise receive legal assistance, according to a recent decision by United States District Judge Carl Muecke in Phoenix, AZ. Ruling in Casey v. Lewis, a …
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