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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 …
Ban on Japanese Publications Struck Down by Yu Kikumura is a member of the Japanese Red Army held at the US Penitentiary in Marion, IL. A Japanese national, he can read, speak or write very little English and Japanese remains his primary language. On more than 20 occasions Marion prison …
Article • January 15, 1995 • from PLN January, 1995
Limits on Contact Visits With Counsel Reversed by Lee Barnett is a California state prisoner on death row. He filed suit under 42 U.S.C. § 1983 claiming that prison officials had retaliated against him for filing civil rights suits against them; that he was denied contact visits with his attorney …
Attorney Fee Awards Analyzed by Larry Jones is an Arkansas state prisoner. He filed suit against various state prison officials claiming deliberate indifference to his serious medical needs, use of excessive force by guards and inadequate staff supervision. The case went to trial and a jury found in favor of …
Article • December 15, 1994 • from PLN December, 1994
Fast Food Style Death Penalty Defense by Harris County, Texas, which encompasses Houston, is the death-penalty capital of the U.S. [See: Houston, Death Penalty Capital of USA on page 15 of this issue]. What better place for a lawyer to develop and market the same techniques that made fast food …
UT DOC Violates Court Access Rights by Utah state prisoners filed a class action suit against Utah Department of Corrections (UDC) officials claiming a failure to provide them with constitutionally adequate access to the courts. The district court agreed with the prisoners and issued an injunction ordering the UDC to …
Attorney Fees for Contempt Hearing by Jail prisoners of the Natrona County jail in Wyoming initiated contempt proceedings against jail officials for not having complied with the terms of a consent decree entered into between prisoners and jail officials over jail conditions. The district court concluded that the county jail …
Article • October 15, 1994 • from PLN October, 1994
Federal Public Defenders Govt. Employees for FTCA by Joseph Sullivan is a federal prisoner who filed suit against the two federal public defenders who represented him in a parole revocation proceeding. Sullivan initially filed suit in federal court under the court's diversity jurisdiction. In a previous decision the seventh circuit …
New Trial Required for Improper Testimony by Michael Kemp is a Missouri state prisoner. He filed suit under § 1983 claiming that a prison guard, Antonio Balboa, had confiscated his epilepsy medication and flushed it down the toilet. This resulted in Kemp having epileptic seizures during which he injured himself. …
Article • September 15, 1994 • from PLN September, 1994
Prison Racial Segregation Illegal by In 1970s a federal judge issued an injunction enjoining racial discrimination in the operation or administration of the Louisiana State Penitentiary (LSP) at Angola, LA. The court ordered prison officials to immediately correct the effects of any past racial discrimination and to maintain Angola as …
Article • August 15, 1994 • from PLN August, 1994
Peru's Lawyers: A High Risk Profession by Jose Enrique Gonzalez Ruiz "In the eyes and ears of the sinister power, all of us are under suspicion." Oiga Magazine Feb 21, 1994, p.5 To defend political prisoners in Peru is a delicate matter. The war that has been going on in …
Article • August 15, 1994 • from PLN August, 1994
Filed under: Attorneys, Public Defenders
Suit Challenges Inadequate PD Funding by Marc Lee By Marc Lee Many lawsuits have been filed throughout this country addressing the problems in indigent defense programs. Although many of these lawsuits have been successful in showing the inadequacies in the indigent defense programs, for the most part they have been …
MDOC Sanctioned for Ex Parte Contacts with Prisoners in Court Cases by Over eight years ago, lawyers from the Michigan Attorney General's office sent interrogatories directly to prisoners about the Knop v. Johnson case without notifying the plaintiffs' lawyers. Judge Enslen entered a protective order on February 19, 1986, and …
Shackling States Claim by Jerome Williams is a Michigan state prisoner. After damaging the toilet in his cell, Williams was removed from his cell and placed in restraints where he was fully restrained by chains and shackled to his bed; where he remained for 73 hours. He was allowed to …
Prison Industries Supervisor Liable for Attack by Jay Holloway is a prisoner at the Iowa State Penitentiary (ISP). He was assigned to work in the prison industries building under the supervision of Ray Miller. While at work Holloway was attacked by four other prisoners who believed he had summoned a …
Prisoners Retain Right Against Self-Incrimination by Coy Phelps is a patient involuntarily committed in a Federal Medical Center (FMC) after having been acquitted of criminal charges by reason of insanity. He filed suit challenging both the statutes allowing his commitment and the conditions of confinement he was subjected to. He …
Law Students Entitled to Attorney Fees by Ten prisoners at the District of Columbia's prison in Lorton, VA, filed suit claiming they had been shackled, handcuffed and severely beaten by prison guards. They were then infracted, found guilty and placed in segregation without due process. Unable to afford counsel the …
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