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Private Citizen Liable for Jail Slavery Under §1983 by Private Citizen Liable for Jail Slavery Under §1983 A federal district court in Georgia held that a private citizen who exercises authority over a county prisoner can be held liable under 42 U.S.C. §1983 as a state actor. Lamar County, Georgia …
Stun Belts in Court Unconstitutional by A federal district court in California held that the use of stun belts, as a control device on criminal defendants in courtroom proceedings, raises serious questions as to the practices' constitutionality. As a result, the court issued a preliminary injunction (PI) enjoining the Los …
Article • June 15, 1998 • from PLN June, 1998
Alabama HIV+ Prisoners Case Remanded Once Again for Proper RA Consideration by The court of appeals for the eleventh circuit held that prisoners asserting a claim to Rehabilitation Act (RA) protection had the burden of showing that they were "otherwise qualified" under the Act, or could be made so by …
Article • October 15, 1997 • from PLN October, 1997
Recent US Supreme Court Rulings of Interest: Civil Rights by The court held that 18 U.S.C. § 242 imposes criminal liability on government officials who violate the constitutional rights of citizens if the unlawfulness in question is apparent in light of preexisting law. The court adopted a test identical to …
Beating and Strip Cell Require Trial by The court of appeals for the tenth circuit held that beating a naked, handcuffed, non-resisting prisoner violates the eighth amendment; that placing a prisoner in a strip cell without blankets or heating violates the eighth amendment as well. The court also discussed when …
Pro Se Tips and Tactics by John Midgley In the June issue of PLN, I discussed the defense of so-called "qualified immunity" that is available to public officers and employees sued under 42 U.S.C. § 1983. This companion column discusses the other kind of immunity you may run into, so-called …
Article • November 15, 1995 • from PLN November, 1995
Judge gets Insight on Jail Reform by Sol Wachtler was the former chief judge of New York state's highest court until he was convicted in 1993 of terrorizing, stalking and harassing his ex-lover, socialite Joy Silverman, after she broke off their affair. At one point Wachtler threatened to kidnap Silverman's …
Court Clerk Suable by Don Curry is an Illinois state prisoner who was convicted of sexual assault in 1990. He filed a notice of appeal in the county court. Illinois law requires, upon receipt of a notice of appeal, that the circuit court clerk prepare and deliver a copy of …
Article • September 15, 1994 • from PLN September, 1994
PA Supreme Court Justice Sentenced by On June 13, 1994, Rolf Larsen, a justice on the Pennsylvania state Supreme Court for the past sixteen years, was removed from office and sentenced to two years' probation for arranging to have his doctor prescribe tranquilizers in the name of court workers. He …
State Judges Can Be Sued for Injunctive Relief in Federal Court by State Judges Can be Sued for Injunctive Relief in Federal Court Carrol Olson is a Kansas state probationer convicted of issuing a worthless check. Olson sought to appeal his conviction in the Kansas Court of Appeals. The state …
Article • August 15, 1992 • from PLN August, 1992
Study Finds Sentencing Bias in Washington State by Anew study has found that Hispanics in Yakima County are more likely to receive long prison sentences than whites. The study was performed by political scientist David Hood and sociologist Ruey-Lin Lin, both of Eastern Montana College in Billings. It was based …
Article • April 15, 1992 • from PLN April, 1992
Court Reporters Entitled to Absolute Immunity by Court Reporters Entitled To Absolute Immunity Jeffrey Antoine was charged with bank robbery and tried in US district court in Tacoma, WA. Shanna Ruggenberg was the court reporter at trial and was responsible for producing the transcript for Antoine's appeal after he was …
Article • February 15, 1992 • from PLN February, 1992
Supreme Court Informers by Paul Wright The most recent (#39) issue of Covert Action Information Bulletin contains an interesting article by Alexander Charns titled "FBI Involvement in the Supreme Court." Mr. Charns is a lawyer who has written a book concerning the FBI and the American judiciary. In this article …
Tacoma Court Commissioner Removed by Mark Adams who has served on the state Court of Appeals in Tacoma for fifteen years was demoted in December of 1990 by the Courts four judges after learning that a judicial misconduct complaint had been filed against Adams. The complaint alleged that Adams put …
Most Punished for Exercising Right to Jury Trial by MOST PUNISHED FOR EXERCISING RIGHT TO JURY TRIAL In 89% of the estimated 583,000 felony convictions in state courts during 1986, the defendant pleaded guilty instead of standing trial before a judge or jury, the U.S. Justice Department's Bureau of Justice …
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