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Article • March 15, 1994 • from PLN March, 1994
The Rights of Visiting and Visitors by Paul Wright By Paul Wright For every prisoner and the relative, friend or loved one of a prisoner, visiting is an issue of paramount importance. While most prison officials pay lip service to the idea that visiting is important and that they want …
Delay of Medical Care States Claim by Willie Harris was a pretrial detainee in the Coweta County, Georgia, jail. When he was arrested his hand was injured by tight handcuffs. Upon arrival at the jail, on September 6, 1990, he requested treatment for the injury. He was seen by the …
Article • February 15, 1994 • from PLN February, 1994
Qualified Immunity Law Clarified by Joseph Rankin was a pretrial detainee in the Harris County, Texas, jail. While awaiting a court appearance in a large holding cell a disturbance broke out after female prisoners passed in front of the cell. A deputy sheriff removed Rankin from the cell and, according …
Officials Must Assess Informant's Credibility by Kevin Richardson is a New York state prisoner. In 1985 he was infracted for allegedly stabbing James Caroline, another prisoner. At the disciplinary hearing Caroline submitted a statement on Richardson's behalf stating that Richardson was not the assailant. The hearing officer heard testimony, outside …
Court Upholds Silencing of Dan Quayle's Drug Supplier by Brett Kimberlin is a federal prisoner serving a 51 year sentence on drug and weapons charges. He briefly gained a bit of notoriety during the 1988 presidential campaign when he claimed that he had supplied drugs to George Bush's vice-presidential running …
Classification Chief Liable for Attack by Classification Chief Liable For Attack Israel Nelson was convicted in an Ohio court of assaulting his common law wife and was sent to a medium security prison. His wife contacted him and informed him that her brother, a major cocaine dealer, was plotting to …
Outgoing Mail May Contain Slander by Aprisoner at the Iowa Men's Reformatory received a major disciplinary infraction for "verbal abuse" as a result of comments included in a letter he had written to his brother. The prisoner, Rick Bressman, wrote: "yeah, their (sic) real assholes, my counselor is a dick …
Law of Medical Treatment Explained by Ed Mead By Ed Mead Case Goes to Trial Over $12.40 Pair of Glasses Aprisoner at the Iowa State Penitentiary (ISP), Dean Benter, filed a suit under 42 U.S.C. § 1983, alleging he was subjected to cruel and unusual punishment in violation of the …
Discipline For Rude Letter Struck Down by Lobester Loggins is a Missouri State prisoner. In 1989 he sent his brother a letter. Pursuant to prison policy a prison mail clerk opened and read the letter, which stated in part that "there's a beetle eyed bitch back here who enjoys reading …
Article • January 15, 1994 • from PLN January, 1994
Only One Appeal on Qualified Immunity by Only One Appeal On Qualified Immunity This case involves a taxpayer suing an IRS agent claiming her constitutional rights were violated when the agent garnished her wages and seized her house, even though he knew she owed no taxes. While this is not …
Article • December 15, 1993 • from PLN December, 1993
Qualified Immunity for Black Box by Paul Knox is an Illinois state prisoner. After prison officials discovered four knives in his cell, Knox was infracted, found guilty and placed in segregation. Pursuant to prison policy, every time Knox left the segregation unit, to receive visitors, go to the hospital or …
Article • December 15, 1993 • from PLN December, 1993
Segregation of HIV+ Prisoners Upheld, Again by James Camarillo was an HIV positive California state prisoner. He has since been released on parole. While in custody of the California DOC he was transferred to a housing unit of HIV+ prisoners. Camarillo filed suit under § 1983 claiming that the transfer …
Retaliation for Legal Action States Claim by Eric Schroeder is a Hawaii state prisoner. While at a minimum security prison he was assigned to a work crew under the supervision of a guard he had previously sued. Schroeder claims that the guard threatened him, used anti-semitic slurs and falsely infracted …
Lack of Shower/Bathroom Curtains Violate Privacy by Douglas Arey is a Maryland State prisoner. While at a recently built pre release center he complained that the lack of shower curtains and bathroom partitions, which allowed female guards to observe his genitals, violated his right to privacy. Prison officials took no …
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 …
Article • November 15, 1993 • from PLN November, 1993
Well Established Right to Release From Control Unit by Well Established Right To Release From Control Unit Harvey hall is a Missouri State prisoner. While in protective custody at the Missouri State penitentiary (MSP) Hall was found in possession of contraband and placed in the Special Management Facility (SMF). After …
Article • October 15, 1993 • from PLN October, 1993
Censoring Legal Mail States Claim by Henry Lavado was a federal prisoner whose legal mail from attorneys, the ACLU and various state and federal law enforcement agencies was opened and read outside of his presence. Some of his legal mail was opened and read in his presence. Lavado filed suit …
No Qualified Immunity for Denial of Medical Care by George Cornelious was assaulted and badly beaten in Jefferson City, MO. While receiving treatment at a local hospital he was arrested due to an outstanding warrant. The treating doctor gave the arresting police a head injury monitoring sheet on which to …
Article • October 15, 1993 • from PLN October, 1993
Prohibition of Beatings Well Established Law by Steven Hill was a jail prisoner in the Tazewell County, IL, jail. When ordered to leave his cell to clear it for another prisoner Hill questioned why he was being moved. William Shelander, a guard, responded by grabbing Hill's hair and shoulder, pulling …
Article • October 15, 1993 • from PLN October, 1993
Right to Hot Water Clearly Established by Philip Mathews is an Illinois state prisoner. While he was confined in the segregation unit of the Stateville prison he was held in a cell without hot water for eleven months. His repeated oral and written requests that the hot water be fixed …
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