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Prison Industries Supervisor Liable for Attack by Jay Holloway is a prisoner at the Iowa State Penitentiary (ISP). He was assigned to work in the prison industries building under the supervision of Ray Miller. While at work Holloway was attacked by four other prisoners who believed he had summoned a …
Article • July 15, 1994 • from PLN July, 1994
Court Upholds Denial of Prisoner Witness Fees by In 1991 a unanimous Supreme Court held in Demarest v. Manspeaker, 111 S.Ct. 599 (1991) that prisoners were entitled to witness fees whenever they testified in federal courts. Just before leaving office George Bush signed into law a modification of 28 U.S.C. …
NV Disciplinary Seg Rules Create Liberty Interest by Andrew Walker was a federal prisoner housed in the Nevada state prison system. During a cell search guards found a knife in Walker's cell. After the knife was found, Walker was placed in segregation. Prison officials claimed it was administrative segregation (ad …
Article • May 15, 1994 • from PLN May, 1994
Witnesses May Be Subpoenaed at Government Expense by Larry Williams was a prisoner in the Poinsett County, AR, jail. He filed suit challenging various conditions at the jail as being unconstitutional and that the sheriff threatened him in an attempt to prevent him from pursuing the suit. After an evidentiary …
Article • February 15, 1994 • from PLN February, 1994
How to Secure the Attendance of Witnesses at Trial by Paul Wright By Paul Wright Most prisoner civil rights claims are filed by prisoner litigants who are representing themselves because they either cannot afford or cannot obtain counsel to do so. They can rarely afford to pay the relevant filing …
Article • February 15, 1994 • from PLN February, 1994
Shackling of Con Litigants Discussed by Joe Woods is an Illinois state prisoner. He sued prison officials claiming his eighth amendment rights were violated when they did not feed him for two days during a lockdown. A jury ruled in favor of the prison official defendants. Woods appealed claiming that …
Article • December 15, 1993 • from PLN December, 1993
No Witnesses for IFP Litigant by Apro se civil litigant was prosecuting a § 1983 civil rights complaint in forma pauperis . The plaintiff was a prisoner and suit was filed against two guards for use of excessive force. After a bench trial, the U.S. district court entered a judgment …
Article • August 15, 1993 • from PLN August, 1993
No Waiver of Witness Fees for IFP Litigants by Bobby Dixon is a California state prisoner. He filed suit under § 1983 claiming that he was denied adequate medical treatment by prison officials. The case went to trial before a magistrate judge who granted the defendants' motion for a directed …
Damages Awarded in PA Beating and Walk by William Giroux is a Pennsylvania state prisoner. He filed suit claiming that his eighth amendment rights were violated when prison guards beat him and made him walk a lengthy distance in manacles and chains, knowing he had a heart condition. After a …
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 …
Article • March 15, 1993 • from PLN March, 1993
Prisoners No Longer Entitled to Witness Fees by In October of 1992 former President Bush signed bill HR-2324 into law which prohibits the payment to incarcerated persons of witness fee's in federal court. The law amends 28 U.S.C. § 1821 and overrules the US Supreme Courts decision in Demarest v. …
Damages Awarded in Beating Case by Rickke Greene is an Oklahoma state prisoner. While in a segregation unit Greene was scalded by another prisoner and received second degree burns. After not being treated at the prison infirmary he was returned to his cell, knocked to the floor, kicked and beaten …
Article • July 15, 1992 • from PLN July, 1992
Prisoner Litigants May Be Shackled in Court by Winston Holloway is an Arkansas prisoner who filed suit under § 1983 claiming that living conditions in the state prison's segregation unit violated the eighth amendment. At trial the jury ruled in favor of prison officials on all claims. On appeal Holloway …
Article • March 15, 1992 • from PLN March, 1992
The Protection of the Law by Bill Dunne The Protection Of The Law By Bill Dunne There are lots of laws on the books that say the various agencies of the government must do (or not do) this or that for the governed, from whom the "just powers" of those …
Prison Guards May Not Be Fired for Testifying on Prisoner's behalf by Prison Guards May Not Be Fired For Testifying On Prisoner's Behalf Salvatore Ziccarelli was employed as a guard at the Cook County (Chicago) jail in Illinois. While there he became acquainted with a prisoner facing the death penalty. …
Pro Se Litigants Entitled to Litigation Costs by Pro Se Litigants Entitled To Litigation Costs Benton Burt was a pretrial detainee in San Francisco who filed suit under 42 USC, §1983 in federal court claiming he was confined under illegal and unconstitutional conditions. At a bench trial Burt won his …
Legal Process Guidelines-Government and Law Enforcement Within the United States  Legal Process Guidelines Government & Law Enforcement within the United States These guidelines are provided for use by government and law enforcement agencies within the United States when seeking information from Apple Inc. (“Apple”) about customers of Apple’s devices, …
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