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Okay for Guards to View Naked Prisoners by The court of appeals for the seventh circuit held that it is constitutionally permissible for female guards to routinely view naked male prisoners. Albert Johnson, a pretrial detainee in the Cook County (Chicago) jail, filed suit claiming that female guards monitoring male …
Sexual Assault During Search Illegal by The court of appeals for the eighth circuit held that a guard who sexually harasses and assaults a prisoner during a strip search violates the fourth amendment. The court rejected the guard's defense that he was not a "state actor" for § 1983 purposes …
Article • May 15, 1996 • from PLN May, 1996
Pennsylvania Prison Stormed by S T Last October, in the dead of night, Graterford Correctional Institution (GCI) prisoners were subjected without notice to an unprovoked assault by storm troops dressed in black, booted, many helmeted and all carrying clubs. [See: PLN, Dec '95] All GCI prisoners, suddenly awakened, were strip-searched, …
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 …
Genital Groping States Claim by A federal district court in New York held that a prisoner's allegations of sexual harassment state a claim for a violation of the eighth amendment. Julio Hunt, a New York state prisoner, filed suit claiming that he had his penis and testicles squeezed and rubbed …
Article • April 15, 1996 • from PLN April, 1996
Washington DOC Enjoined from Taking Blood by The Washington state court of appeals for Division I affirmed a superior court order enjoining the Washington DOC from taking blood from a prisoner for its DNA databank. Sheryl Kelley was convicted of drug possession. RCW 43.43.754 authorizes the DOC to take blood …
Brief • March 23, 1996
Filed under: DNA Testing/Samples
California v. Wright, CA, Trial Transcript, DNA Errors, 1996 1 2 Excerpts from Noah Wright Hearings re Donna Dowden errors: 3 1 MUNICIPAL COURT OF THE STATE OF CALIFORNIA 4 2 MARIN COUNTY JUDICIAL DISTRICT 5 6 7 ---000--- 3 4 HON. JOHN A. SUTRO, JR., JUDGE DEPARTMENT NO. G …
Guard's Rectal Search States Claim by Afederal district court in New York has ruled that use of a chokehold on an unresisting prisoner in order for guards, rather than medical personnel, to perform a digital rectal search states a claim to be resolved at trial. Narcissus Dellamore, a New York …
Fabricated Charges State Claim by The court of appeals for the second circuit has held that a prisoner alleging guards had planted contraband in his cell in retaliation for prior lawsuits had presented sufficient evidence to proceed to trial. The court also held that the federal § 1983 suit wasn't …
Article • December 15, 1995 • from PLN December, 1995
Filed under: Searches, Drug Testing
Random Urinalysis Okay by In the July, 1994 issue of PLN we reported Lucero v. Gunter, 17 F.3d 1347 (10th Cir. 1994) where the court of appeals reversed dismissal of a Colorado state prisoner's suit alleging a fourth amendment violation where he was subjected to a harassing urinalysis test. The …
Article • December 15, 1995 • from PLN December, 1995
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 …
Article • November 15, 1995 • from PLN November, 1995
OH Visitor Search Illegal by The Franklin County Court of Appeals in Ohio has held that an anonymous letter alleging drug smuggling by a prison visitor is insufficient to constitute "reasonable suspicion" which would authorize a strip search of the visitor. Terry Morris, the warden of the Chillicothe Correctional Institution, …
Trial Required on Clothing Claim by When prison guards apply force maliciously and sadistically, they are violating the eighth amendment and can be held liable for their actions. Courtney Wilkens is a Missouri state prisoner. Prison guards claimed Wilkens was wearing gang colors in the prison dining hall and attempted …
Article • September 15, 1995 • from PLN September, 1995
No Immunity for Visitor Searches by On March 3, 1989, a Kings County Assistant DA contacted the New York DOC's Inspector General (IG) and told him that he had received information that Joseph Varrone, a New York state prisoner, was involved in drug smuggling. More specifically, the DA claimed that …
BOP Prisoners Must Exhaust Administrative Remedies by PLN recently reported the U.S. Supreme Court decision in McCarthy v. Madigan , 503 US ___, 112 S.Ct. 1081 (1992), which held that federal prisoners did not have to exhaust administrative remedies (the grievance system) prior to filing suit in federal court. In …
Article • July 15, 1995 • from PLN July, 1995
Filed under: Searches, Drug Testing
MI Drug Patch Testing by A reader submitted a copy of a MDOC memorandum from the acting warden of Egler Prison, in Jackson Michigan, which we quote in full: AThis facility has been selected to participate in a Pilot Study of the PharmChem Sweat Patch as a means for testing …
Article • June 15, 1995 • from PLN June, 1995
Filed under: Searches, Computer Searches
DOJ Issues Guidelines for Seizing and Searching Computers by The Department of Justice has issued its guidelines concerning the search and seizure of computers and related equipment and information. The guidelines were compiled by attorneys, technical experts and agents from nearly a dozen law enforcement agencies and address a wide …
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 • May 15, 1995 • from PLN May, 1995
NC DNA Testing Statute Upheld by Past issues of PLN have reported on the legal and political issues involved in DNA testing. Several states and the federal government have passed laws in the last five years which mandate the taking of blood from prisoners in order to compile a DNA …
Article • March 15, 1995 • from PLN March, 1995
Liability for Filming Search Affirmed by In the November, 1994, issue of PLN we reported Ayeni v. Mottola, 848 F Supp 362 (ED NY 1994) which denied qualified immunity to Secret Service (SS) agents who allowed a CBS television crew to film the search of a familys home. The Ayeni …
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