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No Immunity for Eighth Amendment Violation in Rectal Search

Article • April 15, 1997 • from PLN April, 1997

Filed under: Searches, Body Cavity Searches, Eighth Amendment, Juries, Qualified Immunity

No Immunity for Eighth Amendment Violation in Rectal Search by The court of appeals for the ninth circuit reversed a jury verdict which had found prison officials had violated a prisoner's eighth amendment rights during a rectal search but that they were entitled to qualified immunity for doing so. The …

Tent City Jail Erupts in Flames

Article • March 15, 1997 • from PLN March, 1997

Filed under: Prison Rebellion, Conditions of Confinement, Jail Specific, Shelter, Guard Brutality/Beatings

Tent City Jail Erupts in Flames by Most PLN readers are aware of Maricopa County Sheriff Joe Arpaio's reputation as "the meanest sheriff in America," infamous for his tent-city jail, stripped of amenities, sweltering in the Arizona sun under a large neon "Vacancy" sign. Arpaio is unabashedly proud of his …

PLRA IFP Provision Applied Retroactively

Article • February 15, 1997 • from PLN February, 1997

Filed under: Medical, Vision, Eyeglasses, Filing Fees (PLRA), Appeals

PLRA IFP Provision Applied Retroactively by The court of appeals for the ninth circuit held that 28 U.S.C. § 1915(e)(2), which allows courts to dismiss prisoner suits that have been filed In Forma Pauperis (IFP) at any time if determined to be frivolous, can be applied retroactively to appeals pending …

Circus is in Town

Article • February 15, 1997 • from PLN February, 1997

Filed under: Gender Discrimination -- Women, Chain Gangs, Prison Rebellion, Conditions of Confinement, Jail Specific, Guard Brutality/Beatings

Circus is in Town by by Mr. Wolf Russian novelist Fyodor Dostoevsky wrote, 'The degree of a civilization in society can be judged by entering its prisons and jails." By the events which unfolded in Phoenix, Arizona during September, 1996, it is no doubt evident now to the world at …

CRIPA Stays Not Appealable

Article • December 15, 1996 • from PLN December, 1996

Filed under: Civil Procedure, Administrative Exhaustion, Appeals

CRIPA Stays Not Appealable by The court of appeals for the ninth circuit held that district court orders which stay proceedings for a limited time to require exhaustion of prison administrative remedies pursuant to the Civil Rights of Institutional Persons Act (CRIPA), 42 U.S.C. § 1997e are not appealable. Two …

Supreme Court Reverses Court Access Case

Article • August 15, 1996 • from PLN August, 1996

Filed under: Court Access, Law Library Access/Adequacy, Injunctions, Standing, Interpreters

Supreme Court Reverses Court Access Case by Paul Wright In the June, 1995, issue of PLN we reported Casey v. Lewis, 43 F.3d 1261 (9th Cir. 1994) in which a unanimous panel of the ninth circuit court of appeals affirmed most of a lower court ruling designed to ensure Arizona …

Arizona Held in Contempt over Masters' Fees

Article • July 15, 1996 • from PLN July, 1996

Filed under: Contempt (Civil Procedure), Special Masters, Immunity/Liability, Eleventh Amendment Immunity, State Legislation

Arizona Held in Contempt over Masters' Fees by In the October, 1995, issue of PLN we reported the ongoing war between the Arizona DOC (ADOC) and the federal judiciary as prison officials sought to evade compliance with federal court orders. Because the Arizona DOC has not been willing to comply …

Bilke v. State of Arizona, AZ, Complaint, Lantz Intervenor Wage Payment, 1996

Brief • June 21, 1996

Bilke v. State of Arizona, AZ, Complaint, Lantz Intervenor Wage Payment, 1996 JUN 211996 NAME: - .......iM:.~~~-:-+-~--'==:::..~-:;..---ADOC :If: UNIT: ADDRESS: Intervenor Pro Se IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF MARICOPA MITCHELL PAUL BILKE; CHARLES ) ) ROBERTS; KENNETH ASHELMAN; FELTON HALE; …

Ninth Circuit Expands Mailbox Rule

Article • June 15, 1996 • from PLN June, 1996

Filed under: Civil Procedure, Appeals

Ninth Circuit Expands Mailbox Rule by The court of appeals for the ninth circuit has held that a prisoner's notice of appeal is timely filed as long as it is mailed within the applicable time limit; the court does not require the notice to be mailed by a method that …

Arizona Death Row Chain Gang Problems

Article • May 15, 1996 • from PLN May, 1996

Filed under: Prison Labor, Chain Gangs, Failure to Protect (General), Excessive Force, Shootings, Death Row

Arizona Death Row Chain Gang Problems by In December, 1995, Arizona's governor Fife Symington launched a program placing death row prisoners on a chain gang working in the prison's vegetable garden [Reported in the March '96 issue of PLN]. According to an Arizona newspaper report there have been two violent …

Sandin Inapplicable to Detainee Disciplinary Claims

Article • April 15, 1996 • from PLN April, 1996

Filed under: Liberty Interests, Witnesses (Disciplinary Hearings), Cell Searches, Legal Materials, Law Library Access/Adequacy, Civil Procedure, Damages, Mootness, Municipal Liability

Sandin Inapplicable to Detainee Disciplinary Claims by The court of appeals for the ninth circuit held that a jail policy prohibiting detainees from calling live witnesses to testify at disciplinary hearings, under any circumstances, was unconstitutional. The court held that prison and jail rules confer no legal rights to prisoners …

Arizona's New Tin Horn Dictator

Article • April 15, 1996 • from PLN April, 1996

Filed under: Prison Rebellion, Conditions of Confinement, Prisoner Privileges

Arizona's New Tin Horn Dictator by O'Neil Stough The tyrannical rule of Arizona prison director, Sam Lewis, came to an end with his resignation in December, 1995. PLN has previously reported the oppressive tactics employed by Lewis which rolled back many of the gains made by prisoners during the 1960's …

Forced Labor for Arizona Death Row Prisoners

Article • March 15, 1996 • from PLN March, 1996

Filed under: Prison Industries, Chain Gangs, Death Penalty/Death Row, Death Row

Forced Labor for Arizona Death Row Prisoners by On November 22, 1995, a memo was distributed to Arizona's 119 death row prisoners. The memo relays an order issued by DOC chief Sam Lewis. It states in part: "Arizona Revised Statute 31-151 gives the Director of Corrections authority to require that …

The Cost of Litigation

Article • March 15, 1996 • from PLN March, 1996

Filed under: Civil Procedure, Frivolous Litigation, Contempt (Civil Procedure), Consent Decrees, Mail Regulations

The Cost of Litigation by Arizona Reader by an Arizona Reader In an era of prison bashing the focus on "frivolous lawsuits" rests fundamentally on those filed by prisoners. The question, "Why are the lawsuits necessary?", has yet to be asked, or answered. The turn-of-the-coin may, in a small but …

Arizona Prisoners Charged for Electricity

Article • January 15, 1996 • from PLN January, 1996

Filed under: Prisoner Privileges, Seizure of Prisoner Funds, News, State Legislation

Arizona Prisoners Charged for Electricity by Dan Pens The 1995 Arizona legislature passed a law (AZ Rev. Statutes § 31-239) that requires the AZ DOC to establish a plan wherein prisoners will be charged a monthly "utility fee." The statute directs the DOC to collect a monthly fee, "not to …

RFRA TRO Granted

Article • December 15, 1995 • from PLN December, 1995

Filed under: Food, Preliminary Injunctions/TRO's, Religious Freedom Restoration Act, Religious Freedom, Religious Grooming, Religious Diet, Religious Property

RFRA TRO Granted by A federal district court in Arizona granted a Temporary Restraining Order (TRO) to an Arizona state prisoner who filed suit seeking relief for violation of his religious rights to a Kosher diet, to long hair, a colored head covering and to maintain a vow of poverty. …

AZ Guards Rob and Kill

Article • November 15, 1995 • from PLN November, 1995

Filed under: Misconduct/Corruption, Guard Misconduct

AZ Guards Rob and Kill by On February 16, 1995, police ar rested a retired cop and three Arizona prison guards in the robbery of an armored car and the killing of a Wells Fargo driver. On November 28, 1994, an armored car was hijacked and robbed with between $200,000 …

AZ's War on the Federal Judiciary

Article • October 15, 1995 • from PLN October, 1995

Filed under: Court Access, Judiciary, Special Masters, State Legislation

AZ's War on the Federal Judiciary by In large class action suits when courts find constitutional violations they sometimes order large-scale changes. This is especially the case in institutional reform litigation that typically involves prisons. To ensure that court orders are being carried out and to measure progress, which sometimes …

AZ Court Affirms Food Packages

Article • October 15, 1995 • from PLN October, 1995

Filed under: Food, Prisoner Privileges, Court Access, Judiciary, Consent Decrees, Prisoner Property, Mail Regulations, State Legislation

AZ Court Affirms Food Packages by In an Order dated April 7, 1995, United States District Judge C.A. Muecke ruled in Hook v. Arizona, No. CIV 73-97 PHX CAM, that Arizona inmates will continue to receive three 25 pound food packages at Christmas. Arizona inmates will also be allowed once …

AZ Chain Gangs Protested

Article • October 15, 1995 • from PLN October, 1995

Filed under: Chain Gangs, Organizing, Work Strikes, Death Row

AZ Chain Gangs Protested by When Arizona became the second state to reinstate the use of prison chain gangs, Donna Hamm wasn't going to allow it to happen without her voice of protest being heard. On June 12, 1995, Ms. Hamm, a long time prisoner rights activist, PLN supporter, former …