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Article • November 15, 1996 • from PLN November, 1996
WSR Smoking Suit Settled by In 1991 prisoners at the Washington State Reformatory (WSR) in Monroe, WA, filed suit challenging their forced exposure to Environmental Tobacco Smoke (ETS), AKA second hand smoke. On February 13, 1996, the suit was settled. The essence of the settlement was that WSR would implement …
Article • October 15, 1996 • from PLN October, 1996
De Novo Review Required of Magistrate's Report by The court of appeals for the eighth circuit held that a district court's erroneous statement that no objections had been filed to a magistrate's report and recommendation constituted prima facie evidence that the district court did not perform the requisite de novo …
Guards' Smoke Violates Eighth Amendment by A federal district court in Illinois held that a guard deliberately blowing smoke into the face of a prisoner with respiratory ailments violates the eighth amendment. Clarence Walker is a 65 year old Illinois state prisoner who has emphysema, asthma and diabetes, among other …
Article • April 15, 1996 • from PLN April, 1996
Georgia Prisons Enter Dark Ages by According to a PLN reader in Georgia, "Our ex-[Prisons] Commissioner, Dr. Allen Ault, got into a battle with Zig-Zag Zell Miller [Georgia's Governor]. Miller ordered him to cut-off TV's and phones during the day, cut the phone time to 10-minutes per call, and take …
Article • March 15, 1996 • from PLN March, 1996
Fact Disputes Not Immediately Appealable by The court of appeals for the eighth circuit has ruled that it lacks jurisdiction to hear interlocutory appeals by prison officials challenging the sufficiency of the evidence against them. Milton Sanders, a Missouri state prisoner, filed suit claiming his eighth amendment rights were violated …
Sexual Harassment Violates Eighth Amendment by A federal district court in the District of Columbia (DC) granted extensive injunctive and declaratory relief for a class of women prisoners who filed suit challenging their conditions of confinement in DC prison facilities. The rights of women prisoners were also violated under Title …
Article • August 15, 1995 • from PLN August, 1995
OR DOC To Ban Smoking by The Oregon DOC has announced plans to ban smoking in all its facilities by October 1, 1995. The ban will be implemented in a four phase plan which gradually limits, then eliminates, the areas in which prisoners may smoke. The DOC will offer smokers …
Article • August 15, 1995 • from PLN August, 1995
No Immunity for Smoke Exposure by The Court of Appeals for the Eighth Circuit has affirmed a lower court ruling denying prison officials qualified immunity from money damages for exposing a prisoner to Environmental Tobacco Smoke (ETS). George Weaver, a Nebraska state prisoner, was placed in a cell with a …
CA Legislative Horror Show by Dan Pens Due to our very long lead time (I write this on March 7th) it's difficult to report on fast moving stories like the goings on in the state house. As you read this, who knows what may have happened since this story was …
Article • February 15, 1995 • from PLN February, 1995
Texas DOC to Ban Tobacco Use by Texas DOC To Ban Tobacco Use On November 18, 1994, Texas prison officials voted to ban all tobacco use throughout the states criminal justice system. The ban, unanimously approved by the state Board of Criminal Justice, covers all tobacco products and all property …
Article • May 15, 1994 • from PLN May, 1994
Guard's Attack for Smoking States Claim by Allain Norman was a detainee in the Norfolk County jail in Virginia. While being processed into custody he asked a trusty for a drag off his cigarette. As soon as he began to smoke, jail deputy Otis Taylor ran down the hallway and …
Article • March 15, 1994 • from PLN March, 1994
Smoking Ban Upheld by In May of 1993 officials at the Berks County Prison in Pennsylvania initiated a policy which prohibited smoking by prisoners at the facility. Four prisoners filed suit claiming that the ban on smoking constituted cruel and unusual punishment in violation of their eighth amendment rights. They …
Article • September 15, 1993 • from PLN September, 1993
Exposure to Secondary Smoke Can State Claim by Donald McKinney was a Nevada state prisoner who filed a civil rights complaint against prison officials, pursuant to 42 U.S.C. § 1983, claiming that his involuntary exposure to environmental tobacco smoke (ETS) from his cellmate's and other inmates' cigarettes posed an unreasonable …
Article • September 15, 1993 • from PLN September, 1993
News from Florida by M L News From Florida It seems that the governor of this state [Florida] is trying to pass a 25¢ tax on every pack of cigarettes to raise money for the construction 21,000 additional prison beds to keep the violent offenders behind bars longer and, if …
Article • May 15, 1993 • from PLN May, 1993
Organizations Not "Persons" for IFP Status by The Men's Advisory Council is a group of elected representatives of prisoners at a prison in California. When the prison discontinued the practice of providing free tobacco to indigent inmates the Council filed a civil rights complaint in federal court. They sought leave …
Article • March 15, 1993 • from PLN March, 1993
Vermont Ends Smoking Ban by The Nov. 26, 1992, edition of the Seattle Times reports that the Vermont DOC has ended its ban on prisoner smoking. The Vermont DOC had banned smoking, in July 92, to counter indoor air pollution problems and avoid lawsuits by non smoking prisoners. The reason …
Article • March 15, 1993 • from PLN March, 1993
Right to Avoid Tobacco Smoke Exposure not Established by In part of the continuing split among the circuits on this issue, some circuits have held exposing prisoners to Environmental Tobacco Smoke (ETS) violates the eighth amendment, see: Hunt v. Reynolds, above. Other Circuits have held it does not. See: Wilson …
Article • March 15, 1993 • from PLN March, 1993
Exposure to Tobacco Smoke Violates Eighth Amendment by Two non-smoking Tennessee prisoners suffering from various medical problems were forcibly celled with prisoners who smoked. They claim the Environmental Tobacco Smoke (ETS) of their cellmates aggravated their existing medical conditions. They filed suit in district court under § 1983 claiming prison …
Article • March 15, 1993 • from PLN March, 1993
Washington Smoking Suit Dismissed by Ronald Guilmet is a Washington state prisoner at Walla Walla. Guilmet does not smoke and a smoker was placed in his cell. Five days later Guilmet complained to the unit sergeant that cigarette smoke bothered him. About five days after this Guilmet was assigned a …
Article • November 15, 1992 • from PLN November, 1992
Washington Smoking Suit Dismissed by Ronald Guilmet is a Washington state prisoner at Walla Walla. Guilmet does not smoke and a smoker was placed in his cell. Five days later Guilmet complained to the unit sergeant that cigarette smoke bothered him. About five days after this Guilmet was assigned a …
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