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Article • April 15, 1993 • from PLN April, 1993
Death Row Prisoners Can Marry by Roger Buehl is a Pennsylvania state prisoner on death row. In 1990 Buehl requested permission for a special one time visit in order to marry his girlfriend, Deborah Ayres. Prison officials denied the request citing a 1985 incident where Ayres had been caught smuggling …
Article • April 15, 1993 • from PLN April, 1993
Right to Religious Diet Clearly Established by Warren Bass is a Jewish New York state prisoner. Despite the recommendation of the prison rabbi that Bass was sincere in his religious beliefs and should receive a kosher diet, prison officials refused to provide Bass with a kosher diet. Bass filed suit …
Jury Must Be Asked If Prisoner Testimony Credible by Jeffrey Rainey was a North Carolina pretrial detainee. He claimed that in the course of a dispute with a jail guard the guard used excessive force against him by slamming him into a wall three times, injuring his back. He filed …
Court Cannot Supply Elements of Complaint by Joseph Pena is a prisoner at the Washington State Penitentiary. He was subjected to a digital rectal search without probable cause and filed suit under § 1983. Prison officials sought dismissal of the complaint on grounds Pena had failed to state a claim …
Prisoners Win Suit Over Circulating Petition by Dennis Wolfel and three other Ohio state prisoners, including longtime PLN supporter John Perotti, were infracted and disciplined for circulating a petition complaining of brutal prison conditions. The petition was going to be sent to Amnesty International, the international human rights group, to …
Article • March 15, 1993 • from PLN March, 1993
Prisoner Entitled to Religious Diet by Warren Bass is a New York state prisoner who filed suit under § 1983 after being denied a diet of meals prepared in accordance with his religious beliefs. The defendant prison officials moved for summary judgement on the basis of qualified immunity from money …
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 • January 15, 1993 • from PLN January, 1993
Wisconsin Parolees Have Liberty Interest in Avoiding Forced Medication by Jeffrey Felce is a Wisconsin parolee released on mandatory parole. While in prison Felce threatened prison and parole officials. They tried to commit him but were unable to do so because he was found to have mental problems but not …
Hearing Officer Must Base Guilt Finding on Evidence by Hearing Officer Must Base Guilt Finding On Evidence Frank Zavaro is a New York state prisoner who was infracted for participating in a riot and assault on guards. A riot had broken out in a mess hall with several guards being …
Medical Treatment Cannot Be Delayed to Coerce Confession by Medical Treatment Cannot Be Delayed To Coerce Confession Wesley Taylor is a Missouri state prisoner who suffered a ruptured appendix. Upon arriving at the prison hospital, vomiting blood and in extreme pain, the prison doctor asked him if he had swallowed …
Article • December 15, 1992 • from PLN December, 1992
Government Entitled to Only One Qualified Immunity Appeal by Government Entitled To Only One Qualified Immunity Appeal In Mitchell v. Forsyth , 472 US 511, 105 S. Ct. 2806 (1982), the US Supreme Court clarified its prior rulings on qualified immunity. Government officials performing discretionary functions (such as prison officials, …
Parolees Have a Right to Bodily Privacy by Parolees Have A Right To Bodily Privacy Afemale parolee in California was ordered to provide a urine sample for drug testing by a male parole officer. While she was in a bathroom stall providing the sample, the male parole officer entered the …
Article • November 15, 1992 • from PLN November, 1992
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 …
Article • November 15, 1992 • from PLN November, 1992
Parole Officers Can Be Sued by Stephen Mee was a Colorado parolee whose parole was revoked by Jose Ortega, his parole officer, for alleged harassment. Ortega kept Mee in jail despite being told by the local prosecutor that because no violation of criminal law had occurred, Mee could not be …
Washington Feces Watch and Visiting Policy Create Liberty Interest by Rogaciano Mendoza was a prisoner at the Washington State Penitentiary (WSP) at Walla Walla in 1989 when prison officials discovered a broken balloon containing a white substance in the visiting room bathroom being used by Mendozas 6 children. Mendoza was …
Interstate Compact Does Not Create Liberty Interest by Fred Pletka was an Iowa prisoner in disciplinary confinement at the Iowa State Penitentiary when he was transferred to Texas under the interstate corrections compact. Shortly after arriving in Texas Pletka was released into the general prison population. Later, when he was …
Article • August 15, 1992 • from PLN August, 1992
Censoring Mail From Courts Violates Due Process by John Stone-El is an Illinois state prisoner whose mail to and from the courts and government officials was opened and read outside his presence. Stone-El filed suit seeking money damages and injunctive relief for the violation of his constitutional rights. He then …
Infracting Cop Cannot Hear Own Infraction by John Diercks is a prison informant in protective custody (PC) in Jefferson City, MO. While in PC Diercks approached a prison official and asked him to make the urine samples of two prisoners "disappear" in exchange for which Diercks would supply the names …
Article • May 15, 1992 • from PLN May, 1992
Delay of Legal Files States Claim by Delay Of Legal Files States Claim A Washington D.C. prisoner was transferred to various state and federal prisons. In the course of the transfers Lorton prison officials delayed and refused to send the plaintiff, Crawford El, his property containing his legal materials. Crawford …
Prison Officials Cannot Delay Access to Case Law by Prison Officials Cannot Delay Access To Case Law Washington state prisoner Mark Larue was transferred out of state to the Illinois DOC while pursuing a collateral attack on his conviction. The lawyer representing Larue withdrew from the case and the state …
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