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$35,000 Awarded for Beating by Leon Davis is a Georgia state prisoner. He filed suit claiming that his eighth amendment right to be free from cruel and unusual punishment was violated when a guard shoved him down the stairs of a fire escape and another guard punched him in the …
Article • May 15, 1994 • from PLN May, 1994
Witnesses May Be Subpoenaed at Government Expense by Larry Williams was a prisoner in the Poinsett County, AR, jail. He filed suit challenging various conditions at the jail as being unconstitutional and that the sheriff threatened him in an attempt to prevent him from pursuing the suit. After an evidentiary …
Visitor Awarded Damages by A man visiting his brother in jail was awarded damages both for battery and for violation of his civil rights, based on a guard's attack on him and making of racially derogatory remarks. On appeal, the Minnesota state appeals court ruled that because the racial slurs …
AZ DOC Denies Court Access by This case deals with a class action suit filed by Arizona state prisoners. They claimed that Arizona prison officials denied them access to the courts by enacting policies that unduly abridged their ability to file and litigate court actions. The district court ruled in …
Article • April 15, 1994 • from PLN April, 1994
IL Prisoners Have No Right to a Valid Classification System by State prosecutors' use of extreme language and personal opinion in letters that they are required to submit to the department of corrections for use in making initial prison security classifications of newly committed prisoners does not violate the constitution …
Article • April 15, 1994 • from PLN April, 1994
5th Cir. Guts Legal Mail Standard by Van Lee Brewer and Claude Harris are Texas state prisoners. They filed suit under § 1983 claiming that prison officials had opened and read their incoming legal mail from the courts, attorneys and government officials outside their presence. They also claimed their outgoing …
BOP Liable for Recalculating Sentence by Kent Alexander is a former federal prisoner. In 1986 he was released after serving a three year federal sentence. Eighty days later he was arrested for "violation of parole" and placed in FCI Tucson. The prison administrative systems manager, Luis Rivera, told Alexander that …
Brief • April 8, 1994
Filed under: Appointment of Counsel
Kleiva v. WA DOC, WA, Judgment, Legal Misrepresentation, 1994 3100(::> 15 , f'-~ \c.. t-E/VEQ 1 APR 08 1994 2 D~Jy c. 3 and MaCFie 4 SUPERIOR COURT OF WASHINGTON FOR COUNTY OF PIERCE NO. 86-2-06680-8 JUDGMENT -:.:- ::: .•~..... \V 17 11- Defendants. -J 18 udgment Summary (RCW 4.64.030): …
Third Circuit Announces Rules for Appointment of Counsel by Harvey Tabron is a Pennsylvania state prisoner. He sued prison officials claiming they had failed to protect him from attack by another prisoner. In the course of the litigation Tabron requested that the district court appoint counsel to represent him, order …
Ninth Circuit Upholds Ban on Attorney Contact Visits by This is a class action suit filed by Arizona state prisoners. They sued on two issues. First, they contend that the Arizona DOC's policy and practice of banning all contact visits between prisoners and their attorneys at various prisons violates their …
Ninth Circuit Approves Oregon Control Unit Conditions by Paul Wright By Paul Wright This is a case which challenged numerous conditions of confinement at the Oregon State Penitentiary's Disciplinary Segregation Unit (DSU), which is a control unit. The ruling does not bode well for prisoners seeking to question such conditions. …
Discipline For Rude Letter Struck Down by Lobester Loggins is a Missouri State prisoner. In 1989 he sent his brother a letter. Pursuant to prison policy a prison mail clerk opened and read the letter, which stated in part that "there's a beetle eyed bitch back here who enjoys reading …
Death Row Prisoners Entitled to Limited Contact Attorney Visits by This case involves a class action suit filed by Oklahoma death row prisoners and prisoners in the control unit of the Oklahoma State Penitentiary. The case provides a revealing look at the mentality driving the construction of control units. The …
A Bunch of Scumbags by Adrian Lomax By Adrian Lomax Awhile back a friend wrote in her letter to me that, as she was writing, her son walked into the room and asked what she was doing. Upon hearing her answer, the son said, "Those guys in prison are a …
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 …
Access to Courts: Standing to Assert Right by Access To Courts: Standing To Assert Right This access to the courts case was filed by the Prisoners' Legal Association (PLA), a sanctioned organization of seven jailhouse lawyers operating inside the East Jersey State Prison. The PLA claimed they were harassed because …
Article • October 15, 1993 • from PLN October, 1993
Censoring Legal Mail States Claim by Henry Lavado was a federal prisoner whose legal mail from attorneys, the ACLU and various state and federal law enforcement agencies was opened and read outside of his presence. Some of his legal mail was opened and read in his presence. Lavado filed suit …
Article • September 15, 1993 • from PLN September, 1993
FLA Death Penalty Games by Frank Valdez I'm in the midst of challenging the reappointment of a guy named Spalding to the Capital Collateral Representative (CCR) post of Florida (that's the state funded agency that handles collateral appeals for indigent capital/condemned prisoners). I'm still on direct appeal, but I feel …
Article • August 15, 1993 • from PLN August, 1993
Default Appropriate for Obstructing Discovery by This is not a prison case but a personal injury suit concerning the faulty design of Suzuki Samurais. We are reporting it in PLN because obstruction of the discovery process by litigants is quite common and this is a good case explaining the sanctions …
Article • August 15, 1993 • from PLN August, 1993
Dismissal Error for Failing to Obey Local Rules by Ronald Kilgo is a Georgia state prisoner. When he was in the Fulton County Jail he filed suit under § 1983 because jail officials had repeatedly refused his requests for medical treatment of a back injury and had subjected him to …
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