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Double Celling Pre-Trial Detainees Violates Due Process by Several animal rights protestors arrested while demonstrating against an annual pigeon shoot filed suit against Schuykill County Prison in Pennsylvania, and it's officials, alleging that the conditions of confinement during their stay at the prison violated their constitutional rights. The conditions complained …
Article • March 15, 1994 • from PLN March, 1994
The Rights of Visiting and Visitors by Paul Wright By Paul Wright For every prisoner and the relative, friend or loved one of a prisoner, visiting is an issue of paramount importance. While most prison officials pay lip service to the idea that visiting is important and that they want …
Article • January 15, 1994 • from PLN January, 1994
Visitor Cannot Withdraw Consent to Search Once Search Has Begun by Visitor Cannot Withdraw Consent To Search Once Search Has Begun This prison case comes to us via a suppression of evidence hearing in a federal drug prosecution. Arthur Spriggs went to visit a prisoner at the Lorton Reformatory, a …
Article • January 15, 1994 • from PLN January, 1994
MI Hearing Officers Have Absolute Immunity by James Sullivan is a Michigan state prisoner. He was infracted for having a urinalysis test that indicated marijuana use. At his disciplinary hearing he stated he had been using the legal pain killer and anti-inflammatory Ibuprofen, which was sold in the inmate store. …
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 …
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