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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 …
Section 1983 Not Estopped by State Court Ruling by Santiago Ramirez is a New York state prisoner. An informant told a prison sergeant that Ramirez had a shank concealed in his cell. Acting on this information Ramirez's cell was searched and a shank was found. Ramirez was infracted and at …
Biased Hearing Officer Violates Due Process by Biased hearing Officer Violates Due Process Robert Ramirez is a federal prisoner. He had been imprisoned at the US penitentiary in Marion, IL, and had gone through that prison's transfer process and was moved to Leavenworth. While at Leavenworth Ramirez was infracted for …
Lack of Shower/Bathroom Curtains Violate Privacy by Douglas Arey is a Maryland State prisoner. While at a recently built pre release center he complained that the lack of shower curtains and bathroom partitions, which allowed female guards to observe his genitals, violated his right to privacy. Prison officials took no …
Litigation and Service Protected by First Amendment by Eric Schroeder is a Hawaii State prisoner. While working in the prison law library he assisted other prisoners with their legal problems. Another prisoner asked Schroeder to serve Tranquillino Mabellos, a staff education specialist at the prison, with a summons and complaint …
Evidence Must Support Disciplinary Charge by Lloyd Brown is a District of Columbia prisoner held at the Lorton prison in Virginia. Brown was infracted for throwing a fermented solution of milk, feces and urine in a guard's face. He was charged with assault and destruction of property, and three other …
Article • October 15, 1993 • from PLN October, 1993
Due Process Required Before Hole Time by Acounty jail prisoner in Lubbock, Texas, filed a civil rights complaint pursuant to 42 U.S.C. § 1983 against his captors. He alleged jailers violated his right to due process by placing him in lockdown without a hearing. The prisoner's crime was to ignore …
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 …
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