RFRA Case Set for Trial by A federal district court in Pennsylvania held that a factual dispute existed as to whether a jail's policy banning detainees from wearing religious headgear substantially burdened the exercise of religion under the Religious Freedom Restoration Act (RFRA), 42 U.S.C. § 2000bb(b). In its ruling, …
U.S.P. Lewisburg Lockdown by On November 1, 1995, several prisoners created a disturbance in the mess hall. They took a case of soda pop and barricaded themselves into one of the dorms. They proceeded to construct a cannon, using a cue ball for a projectile. When the riot squad stormed …
Job Discrimination States Claim by While prisoners have no right to a job or work assignment they may not be discriminated against on the basis of their race. Lawrence Quinn, a white Pennsylvania state prisoner, applied for the position of clerk in a prison shoe plant. The plant foreman told …
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 …
PA Prison Investigated for Corruption; Biggest Shake Down Ever by In September, 1995, several prisoners from the 3,490 man Graterford state prison testified before the Pennsylvania senate judiciary committee about corruption at the state prison. The prisoners testified that prison officials accepted bribes typically between $100 and $300 to expunge …
Reader Mail: PA Settlement Correction by Scott Rudnick Regarding your article in the July issue of Prison Legal News on page 11 about the Pennsylvania Department of Corrections, you state "attorneys representing all PA state prisoners had reached a settlement...." Two Pennsylvania prisons were not part of that litigation. SCI …
U.S. Supreme Court: Time on Bail Doesn't Count by The US supreme court has held that the time a defendant spends "released" on bail doesn't count towards completion of his/her sentence even if the "release" is under highly restrictive conditions that are tantamount to jail. Ziya Koray was charged with …
Live From Death Row by David Gilbert by Mumia Abu-Jamal (Review by David Gilbert) "Perhaps we can shrug off and shred some of the dangerous myths laid on our minds like a second skin--such as ... the 'right[s]' to a fair trial even. They're not rights -- they're privileges of …
Appointment of Counsel by In the February, 1994, issue of PLN we extensively discussed the third circuits ruling in Tabron v. Grace, 6 F.3d 147 (3rd Cir.1993) which set forth the standards district courts should use when ruling on pro se prisoner plaintiffs motion for appointment of counsel. The ruling …
PA Class Action Settlement Published by The October, 1994, issue of PLN reported that on August 12, 1994, attorneys representing all Pennsylvania state prisoners had reached a settlement with prison officials of that state regarding almost every aspect of prison conditions in that state. The district court has published the …
True Lies in Philly by Five current or former police officers from the 39th District of North Philadelphia were indicted by a federal grand jury this past February, accused of framing dozens of Philadelphians. The indictment accuses the officers of warrant less searches both inside and outside their district, during …
Mumia Speaks by Mumia Abu Jamal is the former Black Panther unjustly convicted of killing a cop in Philadelphia. A journalist and outspoken advocate for the oppressed before and after his conviction, Mumia was sentenced to death. Since he has been on death row he has continued his incisive and …
Death Penalty Challenged by Philadelphia Public Defenders by Dale Gardner Philadelphia's Public Defenders, Bar Association and Institutional Law Project Committee challenged the constitutionality of Pennsylvania's death penalty this October (1994), filing legal challenges in 78 murder cases including their clients. The Defender Association of Philadelphia contends the law is "broadly …
PA Limits Suits Against Defense Attorneys by Dale Gardner The malpractice suit against her was "a mere buzzing fly," said Patricia Dugan, a criminal defense lawyer in Philadelphia, PA. So rather than contact her insurance company and watch her rates rise she asked a friend to handle the case. Her …
Moffitt v. Meyers, PA, Plaintiff's Interrogatories to Mercy Health System Northeast,1995 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA GARY A. MOFFITT, Plaintiff, - against RICHARD MEYERS, JANUSZ WOLANIN, MERCY HEALTH SYSTEM NORTHEAST REGION, MERCY SPECIAL CARE HOSPITAL, MERCY HOSPITAL, NANTICOKE, and MERCY HEALTH CARE CENTER, Defendants. : : : …
Agreement Reached in State-Wide Pennsylvania Prison Case by On Aug. 12, 1994, lawyers representing the prisoners announced that they have reached a settlement with the State of Pennsylvania in Austin v. Lehman, the state-wide prison conditions case filed in November, 1990. The agreement has been presented to U.S. District Judge …
Court Returns Fines by In 1976, prisoners of the Allegheny County Jail in Pennsylvania filed suit against their keepers over unconstitutional jail conditions. Over the next 18 years of litigation, the court imposed $2,729,300 in fines against county officials who refused to abide by court orders to alleviate overcrowding and …
PA Prisoners Enjoy Right to Parole Consideration by William Marshall By William L. Marshall In an opinion entered February 28, 1994, the Pennsylvania Commonwealth Court held that under Section 11 of the PA Parole Act (61 P.S. § 331.22), while the PA Board of Probation and Parole ("the Board"), in …
PA Supreme Court Justice Sentenced by On June 13, 1994, Rolf Larsen, a justice on the Pennsylvania state Supreme Court for the past sixteen years, was removed from office and sentenced to two years' probation for arranging to have his doctor prescribe tranquilizers in the name of court workers. He …
Help Get Mumia Abu-Jamal Back on the Air! by Noelle Hanrahan By Noelle Hanrahan Sunday May 15th, 1994: The New York Times ran an AP article "From Death Row: A Radio Show" highlighting the next day's premier of Mumia Abu-Jamal's radio commentaries on All Things Considered (ATC). Most major dailies …
