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Detainee States Claim for Retaliation and Med Needs by The court of appeals for the seventh circuit has held that pretrial detainees are entitled to adequate medical care and have a right to be free from retaliation for complaining of guard misconduct. Richard Murphy was a pretrial detainee in the …
Jail Detainee Entitled to Law Library Access by A district court in Texas has held that jail prisoners have a right to law library access in order to defend against lawsuits in which they are the defendant, the court also held that a "bookmobile" system of allowing prisoners to check …
New Mexico Blood Money by For two days in February, 1980, New Mexico prisoners seized control of the state penitentiary in Santa Fe. When it was over, 33 prisoners were dead, hundreds more were hurt, the gym was burned to a shell and the cell blocks, offices and other areas …
Death Row Prisoners Keep Right to Contact Visits with Counsel by The court of appeals for the tenth circuit has held that condemned and maximum security prisoners held in an Oklahoma control unit are entitled to contact visits with their attorneys. The court also held that all violations of prisoners' …
Article • September 15, 1995 • from PLN September, 1995
NY Prisoners Awarded Damages in Beatings by A June 4, 1992 incident at the Clinton Correctional Facility started when a prisoner standing in "rec line" waiting to be escorted to the keeplock recreation yard dropped a piece of candy on the floor. Several of his buddies started laughing and jostling …
Attorney Fees Awarded in MCC Suit by Past issues of PLN have reported on repression and conditions at the Maximum Control Center (MCC) in Westville, IN and the legal challenges to those conditions as well as political struggle around it. The lawsuit was settled which resulted in numerous changes being …
WA Passes Record Anti-Prisoner/Defendant Legislation by Paul Wright By Paul Wright In the March, 1995, issue of PLN I gave a rundown on most of the anti-prisoner and defendant legislation then pending in the legislature. After we had gone to press for that issue Ida Ballasiotes, the rabid chair of …
Brief • August 7, 1995
Uribe v. Riveland, WA, Order, Attorney Fees and Costs, Discrimination Case, 1995 II 2 '- - Pf2: / 2 3 - ... - ........ -'-·:"i!, 4 O' - \ - IN THE SUPERIOR COURT OF THE STATE OF WASHI~{~_. S " • _.1. IN AND FOR THE COUNTY OF THURSTON …
Article • July 15, 1995 • from PLN July, 1995
No Interlocutory Appeal of Discovery Order by In a sharply worded opinion the eighth circuit court of appeals has described the limited circumstances in which it will entertain an interlocutory appeal from a district courts discovery orders. The case involves Sherman White, an Iowa state prisoner, who filed suit under …
Helms Amendment Ruled On by In the December, 1994, issue of PLN we analyzed various provisions of the federal crime bill that was passed that year. One of the provisions was the Helms amendment which limited the relief that federal courts could grant in class action suits brought by prisoners …
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 …
Article • July 15, 1995 • from PLN July, 1995
9th Cir. Upholds Attorney Fee Award by This is not a prison case per se. It involves the ninth circuit court of appeals upholding an award of attorney fees of $66,535 in a case where the plaintiff only recovered nominal damages of $1. Because prison litigation often involves small or …
DA Liable for Preventing Court Appearance by Tobin Lemmons is an Oklahoma state prisoner. While in jail he filed a workers compensation complaint against his former employers with the aid of an attorney and law firm he hired for this purpose. On two occasions in 1991 the state judge before …
Prison Worker Compensation Law No Bar to Bivens by Loren Bagola is a federal prisoner. He filed a Bivens suit against Bureau of Prisons (BOP) officials claiming that he lost his right hand when he was forced to operate prison machinery that officials knew to be unsafe. He claimed that …
Article • April 15, 1995 • from PLN April, 1995
Attorney Fees for Monitoring Consent Decree by In 1992 prisoners seeking to desegregate the Southern Ohio Correctional Facility (SOCF) in Lucasville, Ohio, entered into a consent decree with prison officials. Under the terms of the decree the cells at SOCF would be randomly integrated. After the April, 1993, rebellion at …
Article • April 15, 1995 • from PLN April, 1995
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 …
AG Mail Must be Treated as Legal Mail by Rakim Muhammad is a Michigan state prisoner. He challenged a Michigan Department of Corrections (MDOC) policy of treating mail to prisoners from the state Attorney generals office as ordinary mail, i.e. opened outside the addressees presence, rather than as legal mail …
WA Prisoners Under Attack by Paul Wright By Paul Wright Someone once said that no citizen's life, limb or property was safe while the legislature was in session. Substitute "Prisoner" for "citizen" and you have an idea of what things are like in Washington. Fortunately, the Washington state legislature is …
Article • February 15, 1995 • from PLN February, 1995
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 …
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