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Article • September 15, 1993 • from PLN September, 1993
Prisoners as Workers: Court Defines Applicability of FLSA by Ed Mead By Ed Mead Court Defines Applicability of Fair Labor Standards Act Many years have passed since the era of liberal court rulings in the field of prisoners' rights. These ground-breaking decisions were handed down in the wake of a ...
Arizona Prisoners Denied Adequate Mental Health Care by The treatment of seriously mentally ill prisoners in Arizona is "appalling," according to a recent decision today by United States District Judge Carl Muecke in Phoenix. Ruling in Casey v. Lewis, a class action lawsuit brought on behalf of all Arizona prisoners, ...
Article • June 15, 1993 • from PLN June, 1993
Filed under: Crime/Demographics, Crime
White House Pot Baron by Paul Wright By Paul Wright The March 9, 1993, edition of the Seattle Times reports that Arizona businessman Walter McCay made his fortune growing massive amounts of marijuana. What was interesting about McCay is that he is a prominent Republican businessman and banker who worked ...
Article • June 15, 1993 • from PLN June, 1993
Filed under: Court Access
Arizona Court Access by RC I am in receipt of your March issue of PLN, and find that the info is/will be very useful. In regards to Access to the Courts (Casey v. Lewis), I feel I should inform you of some facts about the above. This thing, access to ...
Article • June 15, 1993 • from PLN June, 1993
BOP Can Deny Halfway House Placement by William Lyle is a Bureau of Prisons (BOP) prisoner serving a sentence for firearms and explosives violations. At his pre-release classification review his unit team recommended Lyle be placed in a halfway house for 60 days to ease his reentry into the community. ...
Mentally Ill Entitled to Health Care by H.B. is a woman prisoner in the Arizona DOC. She suffers from schizophrenia and becomes hostile and threatening when she doesn't take her medication. HB's legal guardian filed suit on her behalf claiming that the DOC's pattern of placing HB in lockdown constituted ...
Article • March 15, 1993 • from PLN March, 1993
Section 1983 Proper Remedy for Disiplinary Violations by Two Arizona state prisoners were found guilty of drug use at a disciplinary hearing and lost 2 years of good time credits, did 15 days in isolation, lost privileges, were moved to higher security levels, and placed on a more restrictive parole ...
Federal Judge Says Prisoners Denied Access to Courts by Prisoners in Arizona have been denied adequate means to communicate with lawyers, perform legal research, and otherwise receive legal assistance, according to a recent decision by United States District Judge Carl Muecke in Phoenix, AZ. Ruling in Casey v. Lewis, a ...
Article • February 15, 1993 • from PLN February, 1993
APA Partially Applicable to Arizona's DOC by Arizona's Administrative Procedures Act (APA) exempts the Department of Corrections in the formulation of policies that concern only inmates. Brad Wilkinson, a convict at the Tucson Prison Echo Unit, was denied a visit with a religious leader. This was done pursuant to a ...
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 ...
Deliberate Indifference Standard in Medical Cases Explained by John McGuckin is an Arizona state prisoner. In 1986 he was injured while in a prison camp. He did not receive medical treatment for his injuries, which by now included massive herniation of his back and upper torso, until 1989, three and ...
Article • December 15, 1992 • from PLN December, 1992
Prisoner Has No Right to Independent Drug Test by Prisoner Has No Right To Independent Drug Test Rick Koenig is an Arizona prisoner who tested positive for marijuana use in an ADx urine test. He was infracted for drug use. Prior to his disciplinary hearing Koenig requested a gas liquid ...
Transferred Con Has Right to Books of Sending State by AUtah prisoner was subjected to what he claimed was an involuntary out-of-state transfer to an Arizona prison. The transferred prisoner filed a pro se habeas corpus petition in Superior Court of Arizona seeking, inter alia , access to legal research ...
Cons Entitled to Minimum Wage by Adrian Lomax By Adrian Lomax In an encouraging decision, the 9th Circuit U.S. Court of Appeals has ruled that prisoners employed by the industry program in Arizona state prisons must be paid minimum wage. Arizona prisoners are required by statute to "engage in hard ...
Article • October 15, 1992 • from PLN October, 1992
State Must Store Excess Property by The state of Arizona adopted a new inmate personal property policy that made contraband many items that prisoners were previously allowed to possess, including the amount of personal clothing a prisoner could own. Inmates affected by the new policy filed a complaint seeking injunctive ...
New Ruling May Impact Prison Law Library Policies by Ed Mead By Ed Mead Arecent decision by the United States Court of Appeals for the Ninth Circuit could have broad implications on policies governing the operation of inmate law libraries. The case addressed the common problems of proper training for ...
Article • May 15, 1992 • from PLN May, 1992
Deportation Delays Criticized by Editorial Comments By Ed Mead Paul and I are now in our third year of publishing the Prisoners Legal News. It has been a good experience for both of us, and hopefully for you, too. I know that we have learned a lot in the process ...
Article • April 15, 1992 • from PLN April, 1992
Qualified Immunity Granted in Digital Rectal Searches by Qualified immunity Granted In Digital Rectal Searches In a case that may affect the many Washington state prisoners who were subjected to digital rectal searches, the 4th circuit court of appeals upheld a jury finding of qualified immunity for Arizona prison officials ...
Access and Indigency Expanded by Access And Indigency Expanded A law library rule merely saying prisoners "shall be provided physical access to law library during assigned law library hours," when considered against the backdrop of uncontested allegations of inadequate access, was held not "to provide detailed guidelines to thwart arbitrariness." ...
No Minimum Wages for Convicts by No Minimum Wages For Convicts Prisoners are not entitled to minimum wages or overtime pay, according to a federal appeals court. Prisoners who worked in the plasma program operated by a private company (Cutter Biological) on prison grounds sued, asserting that they were covered ...
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