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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 …
Guard Liable for Not Stopping Beating by Other Guards by Guard Liable For Not Stopping Beating by Other Guards Donnie Jones is a New York state prisoner who was beaten by prison guards after refusing to follow orders to go to a transit dorm. Jones was taken to the dorm …
Article • September 15, 1992 • from PLN September, 1992
Taking of DNA Samples Violates Ex Post Facto Clause by Virginia state prisoners filed suit challenging Virginia legislation which directs the DOC to take and store blood from prisoners for Deoxyribonucleic acid (DNA) analysis and storage. (DNA is the basic component of living organisms, every human has a DNA blueprint …
Washington Feces Watch and Visiting Policy Create Liberty Interest by Rogaciano Mendoza was a prisoner at the Washington State Penitentiary (WSP) at Walla Walla in 1989 when prison officials discovered a broken balloon containing a white substance in the visiting room bathroom being used by Mendozas 6 children. Mendoza was …
DOC Must Provide Involuntarily Committed With Treatment by Robert Cameron was convicted of rape in Massachusetts and because of prior sex offenses was found to be a "sexually dangerous" person and involuntarily committed to a treatment center operated by the Massachusetts DOC and Dept. of Mental Health. Cameron filed suit …
Article • August 15, 1992 • from PLN August, 1992
Rectal Search Upheld by James Terrovona is a Washington state prisoner who was transferred from IMU (Intensive Management Unit) in Walla Walla to IMU in Shelton. Upon arrival at Shelton and before being put in the IMU there Terrovona was subjected to a digital rectal search by DOC officials. He …
Pregnant Con Miscarries After Taser Attack by Afemale parole violator was told to submit to a strip search, but refused, noting five male officers were present right outside the cell. She stated that she would allow the strip search if she were taken to another cell, outside the view of …
Article • April 15, 1992 • from PLN April, 1992
Qualified Immunity Granted in Digital Rectal Searches by Qualified immunity Granted In Digital Rectal Searches In a case that may affect the many Washington state prisoners who were subjected to digital rectal searches, the 4th circuit court of appeals upheld a jury finding of qualified immunity for Arizona prison officials …
Article • April 15, 1992 • from PLN April, 1992
Cross Gender Pat Search Policy Upheld by A Washington prison's policy of subjecting fully clothed female inmates to random "pat searches" by male as well as female guards does not violate the first, fourth, or eighth amendments, a majority of the Ninth Circuit Court of Appeals held. The Jan. 10th …
Article • March 15, 1992 • from PLN March, 1992
Prison Visitor May Not Be Unreasonably Searched by Dawn Cochrane filed suit under 42 U.S.C. 1983 claiming her fourth amendment right to be free from unreasonable searches was violated when she was told to submit to a strip search or she would never be allowed to visit her father in …
Article • January 15, 1992 • from PLN January, 1992
Alaska Con Has Liberty Interest in Prison Job by An Alaskan prisoner was subjected to a random urine test using the Enzyme Multiplied Immunoassay Technique (EMIT). He tested positive for marijuana use. Immediately after the test results came in, and without a disciplinary hearing, the prisoner was removed from his …
Geronimo Pratt Wins Injunction Against Future Harassment; Loses Drug Trafficking And Possession Appeal by Elmer "Geronimo" Pratt is a political prisoner convicted after an FBI COINTELPRO frame job of murdering a school teacher during an alleged robbery attempt of the victim and her husband on a Santa Monica tennis court. …
Article • December 15, 1991 • from PLN December, 1991
Guards Liable for Harassing Searches of Cell by Guards Liable For Harassing Searches Of Cell Although searches of a prisoners' cell do not violate the fourth amendment, they can be "punishment" under the eighth amendment. Searches of a prisoner's cell conducted in order to harass the prisoner in retaliation for …
Article • December 15, 1991 • from PLN December, 1991
Civil Commitment by Carrie Roth by Carrie Roth, Prison/Community Alliance The Special Commitment Center (SCC) is a block of prison cells in the Special Offenders Center (SOC) in Monroe, WA. Eleven men are now housed in the prison under the Civil Commitment law passed in 1990. Although the center is …
Passin' Gas by Clark Stuhr Here at the Washington State Penitentiary's Intensive Management Unit (IMU) there is no end to the mental and physical torture being inflicted upon the inmates. The latest of which are the new use of force tactics being used by IMU staff since the placing of …
Search of Legal Files Violates Consent Decree by Search Of Legal Files Violates Consent Decree A prisoner at the Iowa State Penitentiary filed a federal civil rights complaint in which he contended that the search of his legal papers by guards, outside his presence, violated a consent decree entered into …
Unlawful Orders Cannot Be Enforced With Violence by A female California state prisoner was ordered to submit to a strip search by male prison guards. She refused to be strip searched and was Tasered. She filed suit under the Fourth, Eighth and Fourteenth amendments. The District Court applied an Eighth …
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