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No Immunity for Denial of Exercise by The court of appeals for the second circuit held that prison officials were not entitled to qualified immunity from money damages for denying a prisoner in medical segregation all opportunity for exercise. Bobby Williams is a New York state prisoner who refused to …
Article • August 15, 1997 • from PLN August, 1997
Florida Ban on Prisoner Legal Help Struck Down by A state district court of appeals held that Florida DOC rules were unconstitutional to the extent that they purport to prohibit prisoners in disciplinary confinement from filing federal petitions seeking habeas corpus, or civil rights complaints alleging violations of federally protected …
Article • August 15, 1997 • from PLN August, 1997
Kansas Ad Seg Hearing Required by The supreme court of Kansas held that a prisoner was entitled to a hearing to determine if three years in administrative segregation (ad seg) has become a prohibited punishment. Rodney Murphy, a Kansas state prisoner, was placed in ad seg in 1993 for investigation …
Article • July 15, 1997 • from PLN July, 1997
Washington Prisoner Escapes from State's Most Secure Lockup by In July, 1996, John Allen Lamb, 33, hijacked a prison truck at knife point and attempted to ram the truck through security fencing at the Washington State Penitentiary (WSP) at Walla Walla [later reported in PLN's News In Brief]. The unsuccessful …
Article • July 15, 1997 • from PLN July, 1997
Puerto Rican POW 'Graduated' from ADX Florence to USP Marion by Daniel Burton-Rose On November 8, 1996, Puerto Rican prisoner of war Oscar Lopez Rivera was transferred from ADX Florence to USP Marion after completing the 36-month "step program" at ADX in just 23 months. He received no disciplinary infractions …
Article • July 15, 1997 • from PLN July, 1997
Trouble Coming Every Day; ADX-The First Year by Ray Luc Levasseur Society reflects itself in the microcosm of prison. From a class-based, economically driven, racially motivated construct devolves life as a series of Chinese boxes -- a set of boxes decreasing in size so that each box fits inside the …
Detainee Entitled to Ad-Seg Hearing by A federal district court in Texas held that a pretrial detainee was entitled to a hearing before being placed in segregation. Robert Poole was a pretrial detainee in the Jefferson County jail. This ruling concerns the denial of the defendant's motion for summary judgment …
Article • March 15, 1997 • from PLN March, 1997
Case Closed After 24 Years by by Ronald Del Raine, Leavenworth, KS [Editor's Note: This is the oldest running prison case that PLN is aware of. Talk about frivolous litigation?! How much money did the government spend dragging this through the courts for more than two decades?] In November 1972, …
Article • December 15, 1996 • from PLN December, 1996
Motive in Denying Due Process Irrelevant by The court of appeals for the sixth circuit held that prison officials are liable for keeping a prisoner in administrative segregation without a hearing if they acted intentionally or with deliberate indifference; their motive in doing so is irrelevant. Gregory Howard, a Michigan …
Article • October 15, 1996 • from PLN October, 1996
MCC Settlement Upheld by The court of appeals for the seventh circuit held that a district court properly approved a settlement agreement dismissing a prison conditions class action suit over the objections of numerous plaintiffs. In 1991 prisoners at the Maximum Control Complex (MCC) in Indiana filed suit challenging numerous …
IMU Placement Implicates Due Process by The court of appeals for the ninth circuit held that an Oregon prisoner's transfer to an Intensive Management Unit (IMU) control unit may violate due process if done without procedural due process. The court also held that several control unit conditions stated a claim …
New Jersey MCU Suit Settled by On December 22, 1995, the federal district court in New Jersey signed a settlement order dismissing a class action suit filed by prisoners in New Jersey's Management Control Unit (MCU). The plaintiff class in the suit was composed of all black prisoners in the …
Article • August 15, 1996 • from PLN August, 1996
5th Circuit Bars Ad Seg Claims by The court of appeals for the fifth circuit has held that in the wake of Sandin v. Connor, 115 S.Ct. 2293 (1995) administrative segregation does not constitute a deprivation of any constitutionally protected liberty interest. Rolando Pichardo is a Texas state prisoner. Prison …
Article • August 15, 1996 • from PLN August, 1996
BOP Ad Seg Rules Don't Create Liberty Interest by The court of appeals for the seventh circuit held that federal Bureau of Prison (BOP) rules do not create a liberty interest in federal prisoners not being placed in administrative segregation and once in segregation federal prisoners are not entitled to …
Article • June 15, 1996 • from PLN June, 1996
Washington Prisoners Have No Right to Earned Time by The state court of appeals for Division III has held that Washington state prisoners have no constitutional or statutory right to be allowed to earn "earned time" credits. Dagoberto Galvez was placed in administrative segregation where he was not allowed to …
Texas Detainee Wins Damages for Ad Seg Placement by A federal district court in Texas awarded $700 in compensatory damages to a county jail prisoner placed in administrative segregation without due process and held there for fourteen days. The court also considered the matter of prisoners' right to safety from …
NJ Prisoners Have Liberty Interest in Staying in Population by The court of appeals for the third circuit has held that New Jersey state prisoners have a due process liberty interest, enforceable in federal court under § 1983, to remain in general population. David Sheehan is a PLN reader at …
Missouri Ad Seg Damages Award Upheld by The eighth circuit court of appeals has affirmed an award of money damages to Michael Weems, a Missouri state prisoner, who was denied a review hearing while in administrative segregation. The court reaffirmed that Missouri state prisoners have a due process liberty interest …
Article • October 15, 1995 • from PLN October, 1995
Madrid Published by In the August, 1995, issue of PLN we reported Madrid v. Gomez, the class action suit challenging conditions at Pelican bay State Prison in California. We noted that as we went to press the ruling had not been published despite having been issued on January 10, 1995. …
Attorney Fees Awarded in MCC Suit by Past issues of PLN have reported on repression and conditions at the Maximum Control Center (MCC) in Westville, IN and the legal challenges to those conditions as well as political struggle around it. The lawsuit was settled which resulted in numerous changes being …
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