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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 …
Article • February 15, 1993 • from PLN February, 1993
Access to Courts Right Explained by Leroy Jenkins is an Illinois state prisoner in Protective Custody (PC). He filed suit claiming the prison policy of denying PC prisoners law library access in person violated his right of access to the court. He also claimed prison law library clerks extorted payments …
Article • February 15, 1993 • from PLN February, 1993
States Must Furnish Equivalent of Jailhouse Lawyers for Filing Prisoner Complaint by On page one of the July 1992 issue of PLN (Vol. 3, No. 7) we printed a report on a new ruling that promised to have widespread implications for prison law libraries. That case was Gluth v. Kangas, …
Serial Litigators by Adrian Lomax A recent Associated Press story reported that the state of Wisconsin is spending more than a million dollars a year defending lawsuits filed by prison inmates. The story identified two Waupun prisoners as "serial litigators," responsible for numerous legal actions. A state lawyer was quoted …
Damages Awarded in Beating Case by Rickke Greene is an Oklahoma state prisoner. While in a segregation unit Greene was scalded by another prisoner and received second degree burns. After not being treated at the prison infirmary he was returned to his cell, knocked to the floor, kicked and beaten …
Article • January 15, 1993 • from PLN January, 1993
Pendleton News by J Ford I am writing to you from inside the walls of Pendleton, the Indiana State Reformatory. Since November of 1991 we have gone through a systematic deprogramming. All programs have been abolished. Vocations, education, spiritual, and psychiatric for 80 percent of our population. Very few in …
Lay Advisor Can't be Adverse Witness by On May 18, 1987, an inmate at the Arizona State Prison at Tucson was found stabbed to death. An investigation ensued, and Ruben Melendez was ultimately indicted for the killing. While the investigation was still in progress, DOC personnel formally notified Melendez that …
Article • January 15, 1993 • from PLN January, 1993
A Nation in Chains by "Presidents Reagan and Bush have ensured that the federal courts will not be representative. Instead, they are a bastion of White America. They stand as a symbol of White Power." Can you guess who said these words? I'll wager most folks missed the identity of …
Article • December 15, 1992 • from PLN December, 1992
Incarcerated Juveniles Have Right to Court Access by In a still developing area of the law, the Sixth Circuit Court of Appeals affirmed that juvenile prisoners have a constitutional right of access to the courts. To make this right meaningful, the state must provide juveniles with access to attorneys. This …
Article • November 15, 1992 • from PLN November, 1992
BOP Prisoners Must Exhaust Administrative Remedies by PLN recently reported the U.S. Supreme Court decision in McCarthy v. Madigan , 503 US ___, 112 S.Ct. 1081 (1992), which held that federal prisoners did not have to exhaust administrative remedies (the grievance system) prior to filing suit in federal court. In …
Transferred Con Has Right to Books of Sending State by AUtah prisoner was subjected to what he claimed was an involuntary out-of-state transfer to an Arizona prison. The transferred prisoner filed a pro se habeas corpus petition in Superior Court of Arizona seeking, inter alia , access to legal research …
Article • October 15, 1992 • from PLN October, 1992
Waupun Law Library Declared Unconstitutional by Adrian Lomax By Adrian Lomax In the late 1980's, administrators at Waupun, Wisconsin's largest prison, devised a grand scheme to increase the difficulties facing any prisoner attempting to vindicate his rights in court. In May, 1988, the keep disbanded the Paralegal Base Committee (PBC), …
Article • October 15, 1992 • from PLN October, 1992
Seeking Jailhouse Lawyers? by Gerald Mose National Association of Legal Assistances (sic) Certified Paralegal. Graduate of Southern Career Institute, seeks other S.C.I. graduates, and incarcerated paralegals, and everyone interested in prisoners' rights, prison reform, and civil rights to join me in establishing a monthly newsletter, and a network of paralegals …
Article • August 15, 1992 • from PLN August, 1992
Transfer Violates Access Rights by Stanton Story is a Pennsylvania state prisoner who was transferred to the federal Bureau of Prisons (BOP) to serve his sentence. Story filed suit under § 1983 claiming Pennsylvania DOC officials had violated his right of access to the courts because the BOP prison in …
Article • July 15, 1992 • from PLN July, 1992
Offers to Provide Legal Information by Frank Wade Offers To Provide Legal Information I'm an incarcerated paralegal and am always on the lookout for new information that can aid me in my efforts to help others that are in this system. As it's well known fact that the system is …
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