Michigan Prisoner Challenges Jury Selection Process by Dan Pens PLN rarely reports on criminal law cases, but when we think one will interest our readers we print it. Such is the case with an interesting legal struggle going on in Michigan. PLN reader Emmett Jones (see his article on page …
Recidivism Revisited by Michigan's corrections department recently released a five-year study of its paroled prisoners that reached the same conclusion as a similar six-year Louisiana study released last year: 55.2% of Michigan's 1986 parolees never returned to prison (nor did 56% of Louisiana's 1987 released prisoners). 5-year follow-up study on …
MDOC Sanctioned for Ex Parte Contacts with Prisoners in Court Cases by Over eight years ago, lawyers from the Michigan Attorney General's office sent interrogatories directly to prisoners about the Knop v. Johnson case without notifying the plaintiffs' lawyers. Judge Enslen entered a protective order on February 19, 1986, and …
Court is Ultimate Arbiter of Consent Decree by In 1984 the United States government and the state of Michigan entered into a consent decree which required improvements in Michigan penal facilities so that they would comport with minimal constitutional standards. After several years of improvements and monitoring the parties filed …
Shackling States Claim by Jerome Williams is a Michigan state prisoner. After damaging the toilet in his cell, Williams was removed from his cell and placed in restraints where he was fully restrained by chains and shackled to his bed; where he remained for 73 hours. He was allowed to …
Prison Officials Can't Prevent Jailhouse Lawyers From Assisting Other Prisoners by Paul Gibbs is a Michigan state prisoner and jailhouse lawyer. He was placed in segregation in late 1990 for possessing contraband. On April 2, 1991, he was reclassified back to the general population. Due to a lack of bed …
Involuntary PC Violates Due Process by Gregory Howard is a Michigan state prisoner. Howard was a prisoner at the state prison in Jackson when he requested placement into protective custody (PC) for protection from asserted enemies in the general prison population. He was transferred to a close custody prison for …
MI Hearing Officers Have Absolute Immunity by James Sullivan is a Michigan state prisoner. He was infracted for having a urinalysis test that indicated marijuana use. At his disciplinary hearing he stated he had been using the legal pain killer and anti-inflammatory Ibuprofen, which was sold in the inmate store. …
"Tough On Crime" Law Increases Michigan Crime Rates by Despite the increased use of prison as a criminal sanction, nearly every category of violent crime rose from 1981 to 1991. In the past decade, Michigan's legislature has passed many "tough on crime" laws and quadrupled the state's corrections budget, according …
Placing Con in Cell with Dying PWA Doesn't State Claim by Woodrow Johnson is a federal prisoner confined at FCI Talladega, Alabama. The suit was instituted pro se pursuant to the Federal Tort Claims Act (FTCA), 28 U.S.C. § 2674, Bivens v. Six Unknown Named Agents , 403 U.S. 388, …
MI Phone Rip Off by B K I have read the article which appeared in PLN (Vol. 4, number 4) by Paul Wright about the prison telephone system. I was amazed to learn that the Washington DOC telephone contract states that the commission checks are sent to each institution and …
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 …
Unsworn Declarations Admissible by This is a case that will be useful to prisoners in control units or smaller prisons where public notary services are difficult to obtain. Sam Williams is a Michigan state prisoner convicted of murder who was transferred from a max to medium security prison. After a …
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, …
Jail Inmates Entitled to Safe Cells by Jail Inmates Entitled To Safe Cells Two prisoners at the Birmingham, Alabama, jail committed suicide and their estates filed suit claiming violations of the detainees' eighth and fourteenth amendment rights. Both men hanged themselves with bed sheets hung from an iron bar across …
Muslims Entitled to Prayer Oils by Three Michigan state prisoners at the Jackson State Prison filed suit under section 1983 claiming that a policy banning all use of prayer oils to Muslim prisoners violated their first amendment rights. The district court appointed counsel to represent the prisoners. Both parties moved …
Detroit's Former Chief Guilty of Embezzling by Detroit's Former Chief Guilty Of Embezzling Former Detroit Police Chief William Hart has been found guilty of stealing nearly $2.6 million from a special "Secret Service Fund" that was meant to fund undercover operations. A federal jury convicted the former chief of two …
Court Must Rule on Discovery Before Dismissal by Court Must Rule On Discovery Before Dismissal John Dean was awaiting trial in an Alabama jail when he got into a dispute with a former death row inmate awaiting a retrial. Dean was stabbed and slashed several times and had his head …
Guard Liable for Hitting Prisoner by Guard Liable For Hitting Prisoner Ronald Neal is a Michigan state prisoner who was punched in the groin by a prison guard. Neal filed suit under 1983 claiming that his 8th amendment and due process rights had been violated, he also included a pendent …
Unsuccessful Litigant Can Be Obligated to Pay Defendant's Cost by Unsuccessful Litigant Can Be Obligated To Pay Defendant's Costs Three Michigan state prisoners filed suit and were granted permission by the district court to proceed in forma pauperis, without the prepayment of fees or court costs. The case was dismissed …
