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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 …
Florida Visiting Rules Create Liberty Interest by William Van Poyck is a Florida death row prisoner convicted of killing a prison guard while helping another prisoner escape. While Van Poyck was awaiting trial in the Palm Beach County jail he met Deborah Chisholm, a nurse at the jail. After he …
Article • April 15, 1992 • from PLN April, 1992
Qualified Immunity Granted in Digital Rectal Searches by Qualified immunity Granted In Digital Rectal Searches In a case that may affect the many Washington state prisoners who were subjected to digital rectal searches, the 4th circuit court of appeals upheld a jury finding of qualified immunity for Arizona prison officials …
CBCC Publisher Only Rule Upheld on Qualified Immunity Grounds by Martin Johnson was a federal prisoner sent to the Clallam Bay Corrections Center (CBCC) in Washington state as a boarder. He filed suit challenging numerous aspects of prison conditions under the due process clause of the federal constitution. The district …
Credibility of Informants Must be Weighed by Credibility Of Informants Must Be Weighed Jerome Russell, a New York state prisoner at Greenhaven prison, was infracted for assaulting another prisoner. Three confidential informants submitted statements to prison officials identifying Russell and four others as the assailants. At his hearing Russell requested …
Article • February 15, 1992 • from PLN February, 1992
Prisoner Can Receive Diploma in Mail by Bobby Griffin is a Missouri state prisoner who graduated from a college paralegal course. Upon graduation the college mailed him his diploma and grade transcript. This was rejected by prison officials who claimed prison regulations prohibited prisoners from having original diplomas and transcripts …
Article • February 15, 1992 • from PLN February, 1992
Bush Campaign Silences Prisoner by Brett Kimberlin is a federal prisoner serving time for drug and weapons charges. In November, 1988, a few days before the presidential elections, he was going to have a press conference where he was going to relate his account of having sold marijuana to now …
Receiving State is Agent of Sending State; Qualified Immunity Examined by Receiving State Is Agent Of Sending State; Qualified Immunity Examined An Iowa prisoner was under punitive segregation when he was transferred to the Texas prison system and released to the general population. When he was later transferred back to …
Consent Decree Creates a Liberty Interest by Consent Decree Creates A Liberty Interest Stephen Rodi, a Rhode Island state prisoner filed suit under § 1983 claiming he had been put in administrative segregation without cause, notice or opportunity to be heard. The district court dismissed the complaint for failure to …
Evidence Must Be Presented at Disciplinary Hearing by Evidence Must Be Presented At Disciplinary Hearing Eddie Griffin, a Pennsylvania state prisoners was infracted for possessing a fermented beverage. Prison guards destroyed the liquid in question prior to the disciplinary hearing. At the hearing Griffin was found "guilty" solely on the …
Article • December 15, 1991 • from PLN December, 1991
Prisoners May Not Be Subjected to Freezing Temperatures by In 1982 outside temperatures at the Stateville prison in Illinois plunged to 22 degrees below zero with a wind-chill factor of 80 degrees below zero. The heating system in a cell block with 300 men malfunctioned and frigid air circulated through …
Unlawful Orders Cannot Be Enforced With Violence by A female California state prisoner was ordered to submit to a strip search by male prison guards. She refused to be strip searched and was Tasered. She filed suit under the Fourth, Eighth and Fourteenth amendments. The District Court applied an Eighth …
Article • November 15, 1991 • from PLN November, 1991
Can't Search Visitor Leaving Prison by Prison officials suspected that an inmate's minor sister had been smuggling marijuana in to him during her regular visits. An officer was posted to watch the inmate and his sister during the next visit. He did not see them pass anything. At the close …
Article • October 15, 1991 • from PLN October, 1991
Search of Prison Visitors Without Probable Cause Illegal by Search Of Prison Visitors Without Probable Cause Illegal Lenora Daugherty is the wife of a Tennessee prisoner who was subjected to a visual body cavity search and a search of her vehicle in 1988 as a condition to be able to …
Article • October 15, 1991 • from PLN October, 1991
Prisoner Allowed to Possess Petition by Prisoner Allowed To Possess Petition A New York state prisoner at Attica was infracted after prison guards found and confiscated a petition complaining of prison conditions in his cell. The prisoner was infracted for possessing the petition even though no prison rule or regulation …
Article • August 15, 1991 • from PLN August, 1991
Legal Mail May Not be Read by Legal Mail May Not Be Read A Florida prisoner filed suit under § 1983 after a letter from his attorney, addressed to him and marked "legal mail," was opened and read in his presence by a prison guard. The guard confiscated the letter …
Article • August 15, 1991 • from PLN August, 1991
Prisoners Must Be Fed by Alvin Cooper was a pre-trial detainee in Texas and filed a § 1983 suit claiming that jail guards were refusing to feed him. The officials did not deny the allegation but claimed Cooper wasn't fed because he refused to appear fully dressed at all meals. …
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