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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 …
Prisoners Retain Right of Bodily Privacy by Male Georgia state prisoners filed suit concerning the assignment of female prison guards to prison living units. The prisoners claim that the female guards act unprofessionally when they view male prisoners in their undershorts, showering and using the toilet. They claim that the …
Article • August 15, 1993 • from PLN August, 1993
9th Circuit Announces New Qualified Immunity Rule by This case arises from the strip searching of arrested AIDS protestors at a federal building demonstration in Portland, OR. While this is not a prison case the appeals court has announced a new rule concerning the qualified immunity doctrine which is often …
Article • August 15, 1993 • from PLN August, 1993
Probation Officers Only Entitled to Qualified Immunity by Charlene Gelatt is a New York state probationer. After being convicted of grand larceny she was placed on probation and ordered to pay restitution. She had her probation supervision transferred to Florida. Richard Wahila is a New York state probation officer. He …
Article • August 15, 1993 • from PLN August, 1993
Court Reporters Entitled to Only Qualified Immunity by Jeffrey Antoine was convicted of bank robbery in the US district court in Tacoma, WA. He appealed his conviction and ordered a copy of the trial transcript from the court reporter, May Ruggenberg. After two years of delays, filing deadlines passing, time …
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 …
Disobeying State Court Order Basis for Section 1983 Liability by Ernest Walters is an Iowa state prisoner. He was infracted for allegedly lying to a guard. He was found guilty at a disciplinary hearing and punished. Walters filed a post conviction action in state court and won a default judgement …
Reduction In Damages Improper by Harry Weeks was a parapeligic Ohio state prisoner. For a two year period Weeks was housed in a control unit at the Southern Ohio Correctional Facility (SOCF) at Lucasville, OH. The control unit did not permit Weeks to have a wheelchair. L.R. Chaboudy was the …
Article • July 15, 1993 • from PLN July, 1993
Incompetent Medical Exam Violates 8th Amendment by Eugene Souza was a Rhode Island state prisoner. He developed acute appendicitis and sought treatment from prison doctors. The prison did not provide direct access to doctors; instead, sick prisoners were screened by a guard/nurse who would schedule doctor visits if they felt …
Article • July 15, 1993 • from PLN July, 1993
No Qualified Immunity for Medical Indifference by Dennis Hamilton is an Alaska state prisoner. After an ear operation prison officials tried to fly him to a federal prison in Oklahoma. The trip was aborted after the first leg of the trip due to extreme ear pain caused by flying. Hamilton's …
AG Not Entitled to Immunity by Paul and I have been doing the newsletter with this new 16-paged magazine format for several months now, and in that time we have managed to get a sense of what difference in cost this new printing system will make. By dividing our production …
Article • June 15, 1993 • from PLN June, 1993
BOP Liable for Overcrowding and Opening Detainees Mail by Richard Young is a federal pretrial detainee. While awaiting trial he was housed at the US Penitentiary in Lewisburg, PA. He filed suit claiming that the conditions of confinement violated his right to be free from punishment. The conditions included being …
Article • June 15, 1993 • from PLN June, 1993
Adequate Notice of Disciplinary Charges Required by Henry Benitez is a New York state prisoner. He was infracted in a four page disciplinary report for allegedly violating eight different rules. A few hours later he was given another infraction report consisting of an additional four charges. A few hours later …
Due Process Protects Detainees from Violence by Raul Valencia is a pre-trial detainee in Brewster County, Texas. During a jail disturbance guards smashed Valencia's head into cell bars, choked him into unconcioussness and, after handcuffing him, beat him. Valencia filed suit under§ 1983 claiming this treatment violated his constitutional rights. …
DOC Guard Liable for Not Stopping Beating by Roger Buckner is a Missouri state prisoner. He was transported from the Jackson county jail for commitment to the Missouri DOC prison at Fulton. Larry Hollins was a jail guard transporting Buckner. Once at Fulton, Hollins stripped Buckner naked, handcuffed him and …
Article • May 15, 1993 • from PLN May, 1993
Prison Rule Banning Media Mail/Visits Held Unconstitutional by Sabil Mujahid is a Hawaii state prisoner. He filed suit under § 1983 claiming that Hawaii prison regulations which prohibit prisoners from visiting or corresponding with members of the media, unless they knew each other on a personal basis prior to incarceration, …
Transfers May Violate Eighth Amendment by Timothy Taylor is a small, mentally retarded Michigan state prisoner. While at the Jackson state prison Taylor was transferred to a camp where he was raped. After being raped prison officials labeled him a homosexual and he was denied a job and resident home …
Article • May 15, 1993 • from PLN May, 1993
WA Prisoners Lose Damages in Rectal Probe Suits by In the mid 80's the Washington DOC built two control units called Intensive Management Units (IMU's). One of the policies they implemented was a mandate that all prisoners entering or leaving the IMUs would be subjected to a rectal probe (also …
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 …
Court Bans Double Celling of New Prisoners by Prisoners at the Nebraska State Penitentiary filed a class action suit challenging numerous conditions of confinement at the penitentiary. Most of the claims relate to overcrowding and the overall poor living conditions which include: excessive noise, lack of ventilation, inadequate staff, assaults …
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