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AG Not Entitled to Immunity by Paul and I have been doing the newsletter with this new 16-paged magazine format for several months now, and in that time we have managed to get a sense of what difference in cost this new printing system will make. By dividing our production …
Court Dissolves 1-800 Injunction by Iowa state prisoners filed suit seeking preliminary and injunctive relief against an Iowa prison policy prohibiting them from calling their attorneys toll free 1-800 numbers. They claimed this practice violated their right of access to the courts. The district court agreed and granted a preliminary …
Due Process Protects Detainees from Violence by Raul Valencia is a pre-trial detainee in Brewster County, Texas. During a jail disturbance guards smashed Valencia's head into cell bars, choked him into unconcioussness and, after handcuffing him, beat him. Valencia filed suit under§ 1983 claiming this treatment violated his constitutional rights. …
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 …
Improved Jail Conditions Merits Attorney Fees by Two Wood County, Texas, jail prisoners filed suit under § 1983 claiming the jail had practices of denying prisoners access to the courts, improper classification, punitive isolation without due process, inadequate medical care, denial of reading material and overall unacceptable jail conditions. The …
Damages Awarded in PA Beating and Walk by William Giroux is a Pennsylvania state prisoner. He filed suit claiming that his eighth amendment rights were violated when prison guards beat him and made him walk a lengthy distance in manacles and chains, knowing he had a heart condition. After a …
Comic Book Censorship Overturned by Everett Lyon is an Iowa state prisoner. He ordered several religious comic books which prison officials censored claiming they would be "disruptive and produce violence" because they were allegedly "anti-catholic and blatantly bigoted." After exhausting his administrative remedies Lyon filed suit under § 1983 claiming …
Nominal Damages Awarded in Prison Rape Case by Four Missouri state prisoners were repeatedly raped by other prisoners. Before and after the rapes they were unable to check into Protective Custody (PC). They filed suit against prison officials claiming the rapes violated their eighth amendment rights. After a trial, the …
Punishment of Pretrial Detainees Unlawful by Spencer Parker is a pretrial detainee in Texas. While awaiting trial in the jail's minimum security section he was moved to the violent offenders section in retaliation for arguing with a guard. As a result of the transfer he was assaulted and lost his …
Damages Awarded to HIV+ Jail Prisoner by Louise Nolley is an HIV+ prisoner held in the Erie County Jail in New York. She filed suit under § 1983 contending that various jail practices violated her rights. The objectionable practices included: automatically segregating HIV+ prisoners; denying HIV+ prisoners law library and …
Prisoners Win Suit Over Circulating Petition by Dennis Wolfel and three other Ohio state prisoners, including longtime PLN supporter John Perotti, were infracted and disciplined for circulating a petition complaining of brutal prison conditions. The petition was going to be sent to Amnesty International, the international human rights group, to …
Article • March 15, 1993 • from PLN March, 1993
Supreme Court Strikes Blow Against Attorney Fees by Adrian Lomax Since 1976, the Civil Rights Attorney Fees Award Act, 42 U.S.C. § 1988, has ensured that state officials would be forced to pay the attorney fees of the litigants who successfully sue state officials for violations of federal rights. This …
Article • March 15, 1993 • from PLN March, 1993
Dismissal of HIV+ Conditions Suit Reversed by Two HIV+ Mississippi state prisoners filed suit against Mississippi state officials challenging numerous aspects of the state DOC's policy regarding HIV+ prisoners. The policies they challenged include: placing HIV+ prisoners in administrative segregation and denying them all privileges; not providing adequate AIDS treatment …
Lay Advisor Can't be Adverse Witness by On May 18, 1987, an inmate at the Arizona State Prison at Tucson was found stabbed to death. An investigation ensued, and Ruben Melendez was ultimately indicted for the killing. While the investigation was still in progress, DOC personnel formally notified Melendez that …
Article • December 15, 1992 • from PLN December, 1992
Prisoner Entitled to Appointment of Substitute Counsel by Richard Rayes is a Nebraska state prisoner. Rayes filed suit under § 1983 claiming prison guards had slammed a steel door on his hand breaking a finger, that medical staff refused to treat him, and guards confiscated his finger splints on three …
Beaten Jail Prisoner Entitled to Counsel by James Swofford is a pre-trial detainee in the Franklin County (IL) jail charged with aggravated sexual assault. Upon being booked into the jail Swofford was placed in a cell with ten other prisoners. During the night they beat, kicked and stomped Swofford, urinated …
Article • December 15, 1992 • from PLN December, 1992
Incarcerated Juveniles Have Right to Court Access by In a still developing area of the law, the Sixth Circuit Court of Appeals affirmed that juvenile prisoners have a constitutional right of access to the courts. To make this right meaningful, the state must provide juveniles with access to attorneys. This …
Guard Liable for Not Stopping Beating by Other Guards by Guard Liable For Not Stopping Beating by Other Guards Donnie Jones is a New York state prisoner who was beaten by prison guards after refusing to follow orders to go to a transit dorm. Jones was taken to the dorm …
Article • September 15, 1992 • from PLN September, 1992
Federal Public Defenders Broke by The Administrative Office of the U.S. Courts has announced that court appointed lawyers, investigators, psychologists and other experts used by the defense will not be paid after June 17, 1992, until the new fiscal year begins on October 1, 1992, because the government "ran out …
Article • August 15, 1992 • from PLN August, 1992
Supreme Court To Define "Prevailing Party" for Purposes of Attorney Fees by Supreme Court To Define "Prevailing Party" For Purposes Of Attorney Fees Under 42 U.S.C. § 1983, a "prevailing party" in a federal civil rights suit may be awarded attorneys' fees. In civil rights cases such attorneys' fees may, …
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