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Article • October 15, 1996 • from PLN October, 1996
The "Honorable Men" Defense by Mumia Abu-Jamal [Editor's Note: With this issue PLN welcomes its third quarterly columnist, Mumia Abu-Jamal, a political prisoner on death row in Pennsylvania.] "The noble Brutus hath told you Caesar was ambitious: If it were so, it was a grievous fault; And grievously hath Caesar …
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 …
Article • July 15, 1996 • from PLN July, 1996
No Immunity for Washington Religious Name Retaliation by The court of appeals for the ninth circuit held that prisoners have a clearly established right to use legally adopted religious names and prison officials were not entitled to qualified immunity for violating that right. The court also held such prisoners did …
Supervisor Liable in Retaliation Suit by A federal district court in New York held that supervisory prison officials can be found liable when they are aware of retaliation taken against prisoners but do nothing to stop it. The court dismissed claims challenging the New York DOCS practice of discontinuing free …
Article • April 15, 1996 • from PLN April, 1996
Seventh Circuit Decides "Mail Box" Rule by In a case of first impression in that circuit, the court of appeals for the seventh circuit ruled that a prisoner's pleadings are considered "filed" with the court when they are given to prison officials for mailing. The case involves an Illinois state …
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 …
Article • March 15, 1996 • from PLN March, 1996
Clippings Suit Set for Trial by The court of appeals for the second circuit held that whether a New York DOCS policy prohibiting prisoners from receiving newspaper clippings furthered a penological interest was doubtful and needed to be resolved at trial. Jimmie Allen filed suit against various prison officials after …
Ohio Update by John Perotti At Mansfield Correctional Institution (MANCI) the warden, Dennis Baker, Major Mack, the Business Manager, and two guards were placed on administrative leave while the FBI and State Highway Patrol (SHP) investigated allegations they accepted gratuities and kickbacks from a prisoner, J. Crow, whom they allowed …
$7,639.20 Awarded in Retaliatory Transfer by Afederal district court in Iowa awarded $7,639.20 in compensatory and punitive damages to a prisoner who was transferred from an Iowa state prison to Arizona in retaliation for suing and filing grievances against Iowa prison officials. The plaintiff, Alfonso Sisneros, was largely successful on …
Washington Court Access Suit Settled by Paul Wright In the April, 1994, issue of PLN we reported the filing of Scott v. Peterson which challenged numerous aspects of court access for Washington state prisoners. On October 31, 1995, most of the suit was settled and the settlement terms were effective …
Article • December 15, 1995 • from PLN December, 1995
Opening Legal Mail Violates Access to Courts by The court of appeals for the third circuit has held that opening a prisoner's legal mail outside his presence violates his right of access to the courts. The court also held that this right is well established so that prison officials who …
Brief • November 13, 1995
Filed under: Mail
Volstead v. Frost, WA, Order of Dismissal, Mail Rejection, 1995 d RECEIVED :' • .. "S5 i~CU 13 R,'j 11 01 . ~ ... _: l __ 1 2 "95 NO', 17 P1 :53 ATTORNEY GENE:L\L OF WAS:~n::;Tot~ FILED IN THE U,S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON NOVa 7 …
Article • October 15, 1995 • from PLN October, 1995
WA Publisher Only Rule Challenged by In the February, 1995, issue of PLN we reported on Sindars v. Riveland, an unpublished ninth circuit ruling reversing dismissal of a Washington state prisoner's challenge to the Washington DOC's "publisher only" rule which mandates that all written materials be sent from the publisher. …
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 …
Article • August 15, 1995 • from PLN August, 1995
Shackled Litigant Denied Due Process by The court of appeals for the second circuit has reaffirmed that trial courts deny pro se litigants a fair trial when litigants are shackled before the Jury and no hearing on the need for restraints is held. Ronald Davidson is a New York state …
Outgoing Mail Censorship Illegal by A district court has reaffirmed the long-standing principle that the censorship of outgoing prisoner mail rarely implicates prison security interests. Donald Gee, a Wyoming state prisoner, wrote a letter to his brother about his conditions of confinement, that he was being retaliated against by prison …
Detainees Entitled to Non-Punitive Conditions by Pretrial detainees, who have not been convicted of any crimes, may not be punished in any manner. This includes housing them in jail conditions that could be construed as punitive. Dale Miller filed suit over conditions at the Cook County (Chicago) Jail. He claimed …
Harassing Searches State Claim by Alnoraindus Burton is an Illinois state prisoner. He filed suit under 42 U.S.C. § 1983 claiming that after he filed administrative grievances against prison guards who used racist slurs against him he was subjected to a widespread campaign of harassment and retaliation by the guards. …
Article • April 15, 1995 • from PLN April, 1995
Filed under: Mail, Mail Regulations
9th Cir. Clarifies Mailbox Rule by The Federal Rules of Civil Procedure and Appeals set forth numerous time limits by which motions and other documents must be filed, answered, etc. This has led to a large body of case law concerning how prisoners comply with these time limits due to …
Article • March 15, 1995 • from PLN March, 1995
WI Guard Indicted for Mail Obstruction by In the October, 1994, issue of PLN we reported that U.S. Postal investigators were investigating the discovery of large quantities of prisoner mail found in the garbage at the Waupun Correctional Institution in Wisconsin. On December 8, 1994, the US Attorney for the …
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