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Article • January 15, 1994 • from PLN January, 1994
WA DNA Identification Statute Upheld by District Court by The state of Washington has adopted legislation requiring prisoners convicted of sex offenses or violent crimes to submit to a blood draw in order to provide officials with DNA identification information. Joe Ryncarz filed a pro se 42 U.S.C. section 1983 …
Article • November 15, 1993 • from PLN November, 1993
Chain of Custody on Urine Sample by Federal courts in New York have held that due process requires a prison disciplinary body to establish a reasonably reliable chain of custody as a foundation for introducing the results of urinalysis tests into evidence at prison disciplinary hearings. This chain of custody …
Article • August 15, 1993 • from PLN August, 1993
California Visitor Search Ruling Modified by A 13-point injunction concerning searches of visitors to California prisons was scrutinized March 23 and modified in some particulars by the California Court of Appeals, First District. The injunction was the result of a suit challenging a program under which visitors' vehicles were subjected …
Article • August 15, 1993 • from PLN August, 1993
9th Circuit Announces New Qualified Immunity Rule by This case arises from the strip searching of arrested AIDS protestors at a federal building demonstration in Portland, OR. While this is not a prison case the appeals court has announced a new rule concerning the qualified immunity doctrine which is often …
Sexually Harassing Pat Searches May Be Illegal by Two Missouri state prisoners filed suit against a female prison guard. In their complaint they alleged that for a two month period the guard fondled their crotches during almost daily, routine pat down searches. After they told the guard they wanted to …
Article • May 15, 1993 • from PLN May, 1993
WA Prisoners Lose Damages in Rectal Probe Suits by In the mid 80's the Washington DOC built two control units called Intensive Management Units (IMU's). One of the policies they implemented was a mandate that all prisoners entering or leaving the IMUs would be subjected to a rectal probe (also …
Article • May 15, 1993 • from PLN May, 1993
Unlawful to Read Legal Mail in Prisoner's Cell by Robert Proudfoot is a Pennsylvania state prisoner. After anonymous informants stated Proudfoot was selling drugs from his cell, prison guards searched his cell three times in eight days. No drugs were found. During one of three cell searches guards opened sealed …
Search Victory for Women Cons by Gini Faller By Gini Faller The long-awaited decision in Jordan v. Gardner, et. al. came down on February 25, 1993. The Ninth Circuit, sitting en banc held 7-4 that cross-gender non-suspicion clothed body searches violate the 8th Amendment: In this case we are presented …
Court Cannot Supply Elements of Complaint by Joseph Pena is a prisoner at the Washington State Penitentiary. He was subjected to a digital rectal search without probable cause and filed suit under § 1983. Prison officials sought dismissal of the complaint on grounds Pena had failed to state a claim …
Article • March 15, 1993 • from PLN March, 1993
Freezing Temperature Violates Eighth Amendment by Four prisoners at the Iowa State Reformatory segregation unit were sent outdoors to a recreation area while prison guards searched their living unit for weapons. The temperature was sub-freezing with a significant wind chill factor. The prisoners requested not to go outside. They were …
Indiana DOC Must Allow Witnesses at Hearings by Jerry Forbes is an Indiana state prisoner who refused to take a urine test because the prison did not publish its testing procedures. He was infracted and requested prison officials as witnesses at his hearing and they refused to appear. He was …
Article • March 15, 1993 • from PLN March, 1993
Section 1983 Proper Remedy for Disiplinary Violations by Two Arizona state prisoners were found guilty of drug use at a disciplinary hearing and lost 2 years of good time credits, did 15 days in isolation, lost privileges, were moved to higher security levels, and placed on a more restrictive parole …
Article • January 15, 1993 • from PLN January, 1993
On Taking DNA Samples by Dale Gardner [The following letter was written in response to our article "Taking DNA Samples Violates Ex Post Facto Clause" in the September 1992 issue of the newsletter.] My name is Dale Gardner. I am currently incarcerated in the State Correctional Institution; Huntingdon, PA. I …
Medical Treatment Cannot Be Delayed to Coerce Confession by Medical Treatment Cannot Be Delayed To Coerce Confession Wesley Taylor is a Missouri state prisoner who suffered a ruptured appendix. Upon arriving at the prison hospital, vomiting blood and in extreme pain, the prison doctor asked him if he had swallowed …
Article • December 15, 1992 • from PLN December, 1992
Prisoner Has No Right to Independent Drug Test by Prisoner Has No Right To Independent Drug Test Rick Koenig is an Arizona prisoner who tested positive for marijuana use in an ADx urine test. He was infracted for drug use. Prior to his disciplinary hearing Koenig requested a gas liquid …
Article • December 15, 1992 • from PLN December, 1992
Filed under: Searches, Drug Testing
Prison Drug Test Survey by Drug testing of prison inmates has become a standard practice in federal and state institutions, with hundreds of thousands of urinalysis tests conducted over the course of a year; and a significant portion of the tests turn up positive, according to a major study by …
Parolees Have a Right to Bodily Privacy by Parolees Have A Right To Bodily Privacy Afemale parolee in California was ordered to provide a urine sample for drug testing by a male parole officer. While she was in a bathroom stall providing the sample, the male parole officer entered the …
Expungement of Infraction Reversed by Michael Elkin is a New Jersey state prisoner. During the process of obtaining and testing a urine sample from Elkin, prison officials did not comply with the terms of a consent decree requiring urine samples to have a "continuity of evidence" attached and completed. Elkin …
Outside Strip Search Constitutes Excessive Force by Michael Cornwell is an Ohio state prisoner. In February, 1987, while in prison in Mansfield, he participated in a sit down strike with 76 other prisoners protesting a cutback in recreation time. Dahlberg, the prison warden, ordered guards to use force to terminate …
Article • October 15, 1992 • from PLN October, 1992
Filed under: Searches, Cell Searches
Cell Searches States Claim by Travis Blanks, a Wisconsin state prisoner, filed suit under 1983 claiming his 8th amendment rights had been violated by prison officials searching his cell nearly everyday for a 2 week period. The District Court granted Blanks leave to proceed In Forma Pauperis . The court …
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