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Article • October 15, 1993 • from PLN October, 1993
Cops Shaft Informant by In 1989 John Fay was serving a 15-35 year sentence for a second degree murder committed in 1973 and a 1984 armed robbery. While at the county jail pending a hearing on the robbery conviction, Fay came in contact with two guys who had just been …
English Only Rule Not Applicable to Group Prayers by Aprison rule requiring prisoners to communicate in the "English language only" can not reasonably be construed to apply to prayers, the U.S. Court of Appeals for the Ninth Circuit held in a civil rights case. Therefore, the court concluded, prison officials …
Campaign of Repression by Mumia Abu-Jamal By Mumia Abu Jamal The most repressive regime in America just got more repressive. In November, 1992, the Pennsylvania (PA) Department of Corrections implemented revised administrative directives 801/802. [ Editors Note: These rules affect only prisoners in administrative and disciplinary segregation. ] With planned …
Article • August 15, 1993 • from PLN August, 1993
Ad-Seg WACs Do Not Create Liberty Interest by PLN recently reported Farr v. Blodgett, [PLN, Vol. 4, No. 6] in which the district court for the Eastern District of Washington held that the Washington Administrative Code (WAC) created a due process liberty interest for Washington state prisoners to remain out …
Prisoners Retain Right of Bodily Privacy by Male Georgia state prisoners filed suit concerning the assignment of female prison guards to prison living units. The prisoners claim that the female guards act unprofessionally when they view male prisoners in their undershorts, showering and using the toilet. They claim that the …
Article • August 15, 1993 • from PLN August, 1993
Some Evidence Standard Meets Due Process by Prison discipline imposed on the basis of "some evidence" that an inmate has violated prison regulations does not violate the fourteenth amendment's due process clause, a majority of the Court of Appeals for the Eighth Circuit held. In the prison setting, due process …
Disciplinary Isolation Triggers Due Process by Prisoners suffered a violation of their due process rights when they were ordered into disciplinary isolation with out the notice and hearing procedures outlines in Wolff v. McDonnell, 418 U.S. 539 (1974), the Massachusetts Supreme Court held. The less demanding procedures prescribed in Hewitt …
Ad Seg Right to Eyeglasses and Toilet Paper by Vernon Williams is a California state prisoner in administrative segregation (ad seg) at San Quentin. He filed suit challenging numerous conditions of his confinement. The court granted Williams leave to proceed In Forma Pauperis. This is not a ruling on the …
Disobeying State Court Order Basis for Section 1983 Liability by Ernest Walters is an Iowa state prisoner. He was infracted for allegedly lying to a guard. He was found guilty at a disciplinary hearing and punished. Walters filed a post conviction action in state court and won a default judgement …
Illinois Tolling Statute Unconstitutional by Until 1987 Illinois prisoners had until two years after they were released from prison in which to file lawsuits. Any statute of limitations was tolled by imprisonment. In 1987 the Illinois legislature modified Illinois Rev. Statute ch. 110, ¶ 13-211, so that claims by prisoners …
Grievance Procedure Tolls Statute of Limitations by William Gartrell is a Texas state prisoner. He filed suit under § 1983 claiming prison officials conspired to file trumped up disciplinary charges against him in retaliation for his legal activities; the disciplinary hearing and grievance procedure did not comport with due process; …
WA Ad Seg Rules Create Liberty Interest by Tillman Farr was a prisoner at the Washington State Penitentiary (WSP) at Walla Walla. Prison officials placed Farr in Administrative Segregation (ad seg) based on information from confidential informants which claimed Farr and others were going to assault a guard. Based on …
Article • June 15, 1993 • from PLN June, 1993
No Liberty Interest in BOP Ad Seg Rules by Howard Awalt is a federal prisoner. He was placed in administrative segregation (ad seg) pursuant to 28 C.F.R. § 541.22 (a)(8) after prison officials received an anonymous note stating his life was in danger. He filed a Bivens action against prison …
The Evolution of Criminal Justice by Sandy Judd In twentieth century America, coerced confessions to criminal acts are not technically admissible as evidence in courts of law. Since the 1980's, however, a movement against the enforcement of such "technicalities" has developed within the federal courts. As more forms of questionable …
Article • June 15, 1993 • from PLN June, 1993
Adequate Notice of Disciplinary Charges Required by Henry Benitez is a New York state prisoner. He was infracted in a four page disciplinary report for allegedly violating eight different rules. A few hours later he was given another infraction report consisting of an additional four charges. A few hours later …
Court Enjoins Torture of Jail Prisoners by Two Mississippi jail prisoners tried to escape from the jail by smashing their way out. Their attempt failed and guards secured and restrained them in an interrogation cell. The sheriff questioned the two men as to the location of their escape tools, which …
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 …
Court Bans Double Celling of New Prisoners by Prisoners at the Nebraska State Penitentiary filed a class action suit challenging numerous conditions of confinement at the penitentiary. Most of the claims relate to overcrowding and the overall poor living conditions which include: excessive noise, lack of ventilation, inadequate staff, assaults …
Prison Officials Liable for Haircuts by Four prisoners at the Iowa State Penitentiary (ISP) with shag haircuts (where the hair is long in back and short in the front and on the sides) were ordered to get haircuts by prison officials. Two of the prisoners agreed to the haircuts, the …
Wisconsin Lacks Adequate State Remedies for Due Process Violations by Varees Smith is a Wisconsin state prisoner. He was infracted for allegedly charging another prisoner to do legal work. He filed suit under § 1983 claiming his due process rights were violated when a disciplinary hearing was held without notice …
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