The Des Moines Register from Des Moines, Iowa • Page 21

w6M THE DES MOINES REGISTER Oct. 19, 1983 Inmate's rights were violated by $1,685 bill, attorney argues Imet I ill mmm births By PAUL LEAVITT Reenter Slafl WrMer The attorney for an Iowa prison I inmate argued Tuesday that the inmate's First Amendment rights "were violated when officials billed him $1,685 for their investigation of charges he made against the prison staff In January, inmate Daniel Parnell criticized prison officials in the news media for their actions in the death of inmate Teddy Booth, who suffered a heart attack in his cell and later died. Parnell also testified before the Lee County grand jury that investigated Booth's death and found no reason to bring criminal charges against any prison officials. In March, prison officials assessed Parnell $1,685 for the cost of investi gating his allegations. They also said he would not be placed on work release until be pays the assessment plus 10 percent interest.

Prison officials have been deducting $12.50 from Parnell's monthly prison wages of $25. Parnell's attorney, Kay Delafield, asked U.S. District Judge Harold Vietor for a court order to temporarily stop the sanctions against Parnell. "This is a classic case of the most outrageous trampling on First Amendment rights," Delafield told Vietor. The amendment covers both free speech and free press rights.

Gordon Allen, a special assistant attorney general, said be agrees there are "weighty First Amendment Amendment right to lie," Hunacek said. Vietor questioned whether the prison's assessment of "what in effect is a fine" amounted to collecting damages without going to court He said the prison seemed to be telling the inmate, "We've got you and we've got your bank account" "What about the chilling effect this has on First Amendment rights when a prisoner publicly reports a matter or expresses his opinion about the prison, he runs the risk of being disciplined by the very people he criticizes?" Vietor asked. The judge also questioned whether prison officials were arguing that "prisoners will have First Amendment rights only to the extent prison authorities will let them have those rights." The judge will issue a ruling later. issues" involved, but he argued that there would be no irreparable harm by continuing the sanctions until the case is decided later. Allen said Parnell was attempting to "bootstrap his way" into federal court, instead of pursuing a remedy through prison internal appeals or state courts.

"The question is whether this court needs to intervene," Allen said. Mark Hunacek, an assistant attorney general, said Parnell was disciplined for lying to the news media. "Prisons are under some obligation to teach socially acceptable" behavior, Hunacek said. He said the penitentiary has a rule that forbids lying because it upsets "the security and order" of the prison. Parneil "made specific libelous statements" and "the question here is whether an inmate has a First Ingersoll business owners happy bypass was shelved MOVIE INFORMATION FOI MOV1C TITLES.

RATINGS. THE ATM LOCATIONS AND SHOW TIMES. HILLS: RETURN OF JEDt (PG) RIVIERA: MR. MOM (PG) SIERRA 3: THE BIG CHILL (R)' ROMANTIC COMEDY (PG) RISKY BUSINESS (R) SOVTll- 3: REVENGE Of NINJA (R) R1DCE UMPOON'S VACATION (PG) WAR GAMES IPG) VALLEY 3: FLASHDANCC (R) EDDIE THE CRUISERS (PG) PASS" ATTRACTION! In PwHt CwvNv Monte R. McCann, 21, Des Moines, and Julie A.

Luing, 19, Baxter. Michael R. Mosber, 24, Des Moines, and Shelle R. Fulton, 22, Urbandale. Robert E.

Carey, 21, Des Moines, and Kathie R. Tracy, 21, Des Moines. Verlin E. McBurney, legal, Grimes, and Kimberly K. Chambers, legal, West Des Moines.

Foye E. Header, legal, Mitchell-ville, and Betty Jo Hills, legal, Mitch-ellville. Larry D. Riley, 30, Give, and Kay Miller, 31, Clive. Richard J.

Dolan, 24, Des Moines, and Kimberly K. Hussman, 22, Des Moines. Andrew H. Davis, 55, Des Moines, and Rosalie E. Davis, 43, Des Moines.

Curtis H. Young, 27, Des Moines, and Kimberly A. Taylor, 20, Des Moines. deaths; Iowa ALGONA Nm Mlltm, II; HMred Harken. 40; Jronw Eisenbwlti, 70.

ARMSTRONG Oorolhy Crete, 77. BANCROFT Jo Dixon, 70. BURT Vera Rlnosdorf, M. BURLINGTON Miriam ENotxth Rogers 13; Arm Mae King, St; David Wtuels, II; Laurence HorMItt, Michael Beaukamo. Rice, 14; Charles EgoMtlon II; Ruth Spiker, Ki Lee Hardv, SO.

DENISON CaWe Novlnger, Barbara Lueck, 50. EODYVILLE Aria Powell, EL0ON Ray Smith, 77. EMMETSBURO George Applebv, 0, LucMe Erhlg, ESTHERVILLE Mary Ellen Buhr, 73; Markx-ie Redman, Norma Stewart, 76; Vivian Crook, 7. FOST0RIA Wlnnt Gilbert, 3. GRAETTINGER Forrnt Tow, 7.

LAKE CITY Evelyn Slimier, 64. LAKE PARK Marie Meyer, 94. LAKOTA Nora Rosanau, 12. MANSON Ruth Brennan, H. MEOIAPOLIS Henry Gerit, 75.

MILFORO Jo HarmeHnk, II; Natch Hawn, W. OAKVILLE Aaron vVykert, 7. OKOBOJI Jay Defy. OTTOSEN Harland MltMven, 63; Oliver Cnris-tlwiton, II OTTUMWA Vina CMIcote, Ooty Dooll, II; Florence Guest, Mabel Kutcrier, 72; Leo PMrion, 01; HnrlElta Sag, 72; Edward Simmons, 71; BlancK woman, 13. PLOVER Monica Hugnes, 75.

ROCKWELL CITY Mary Stokes, John DeBolt, 74. RUTHVEM Virginia Barrlnger, 67. SPIRIT LAKE Mary Kabele, 77; Nettle Goodman, 04. SUTHERLAND Everett Herrlt. TERRIL Da Brlggs, Dak) Glover, 44; LWIan PowH, 104; MyrlK Peters, 12.

WEST BEND Arnold Ludwig, 75; H.P. Mert(, 41. WEST BURLINGTON George Watson, 77. WEST DES MOINES Betty Kinney, 61. WHITTEMORE Frances Zohbon, 17.

WILTON Bell King, 16. WINTERSET BUM Landls. 51; E. Eugene Drak, 75; Roy Warley, 3. Sweet potato HEBRON, IA.

A four-pound sweet potato was found here by 8-year-old Lonnie Long, son of Mr. and Mrs. Loren Long of Hebron. DAILY Atie WHLL ASJ t'AAiJ CAPRI: NEVER SAY NEVER (PC)' 7:13,743 FLEIR4: RISKY BUSINESS (R) 7:30.930 ROMANTIC COMEDY (PG) 7: 13, 9: IS EDDIE I THE CRUISERS (PG) 7.30. 9-30 F0RVM4: LAMPOON'S VACATION (K) 7.30,9.30 SEYOND THE LIMIT (K) 7:30, 9 30 revenge of ninja(R) 7,13.

is STRANGE IREW(PG) 7:43,943 PL4U: BRAINSTORM (PG)' 7:13, INDICATES THIS IS A "MO vruicivE fMnwiNni rturA3t3! V2Ji it R. -SEANCCnrjCRX and some of the road work would have been eligible for the same portion of federal dollars, Thompson said. "I was pursuing what I think was the only alternative see how far we could stretch existing streets," said Urban, who is the council's representative on an area transportation planning committee. Some merchants along part of the route, however, were happy Tuesday. "We're tickled to death with the outcome," exclaimed Lew Duncan, owner of Colonial Cleaners at 1928 Ingersoll Ave.

"The way it was, we'd be in limbo, we couldn't sell it or do anything." He added, "I felt kind of guilty for feeling the way I do, but I came to realize everybody's got a selfish interest They were all talking from their pocketbooks." Stew Hansen, owner of the Dodge dealership at 2103 Ingersollthat bears his name, said, 'I was pleased that we didn't have to move. I was pleased with the outcome." The bypass would have linked Harding Road and Fleur Drive, run east from Harding-Fleur along the railroad tracks south of the Loop, tailed off to the south and Indianola Avenue just west of the Des Moines River and hooked the east-west link into improvements at East Fourteenth and East Fifteenth streets. Because of the council's vote Monday, no more work or study will be done on the routes, Thompson said. i Thfc Ulrimnta ptAAO eYnerience 1 Imagine a machine that records CHfliSTOPHR your UJflweN NRTRU6 LUOOD oreoms nightmares. BRAINSTORM mm 3rd BIG WEEK! NO PASSESI JTt-not AV Des Moines CANNON Nancy and Gary of 08 Oxford a son, Sunday at Mercy Hospital Medical Center.

DECKER Tammy of 1337 Rosa Drive in Altoona, a son, Tuesday at Des Moines General HospitaL JACKSON Wanda of 1 238 Twenty-second St, a daughter, Tuesday at Des Moines General HospitaL THOMPSON Laura and Jack of 7085 S.E. Bloomfleld a son, Monday at Des Moines General HospitaL ENDRISS Patricia and William of Polk City, a son, Tuesday at Des Moines General Hospital. MOON Lurea and Terry of 1848 E. Walnut St. a son, Tuesday at Des Moines General Hospital.

GORZ Patricia of Route 1, New Virginia, a daughter, Tuesday at Des Moines General Hospital. VESEY Denise of 1821 Woodland a son, Sunday at Mercy Hospital Medical Center. CALIGIURI Diane and Michael of 1711 Southlawn Drive, a son, Sunday at Mercy Hospital Medical SWIFT Christina and Tim of 2525 S.W. Eightieth a daughter, Tuesday at Mercy Hospital Medical Center. WESTERHEIM Julie and Don of 3208 Thirty-sixth SL, a daughter, Tuesday at Iowa Methodist Medical Center.

LEONARD Christie and Michael of Johnston, a son, Tuesday at Iowa Methodist Medical Center. KEPHART Rogena and Bernard of 1526 Capitol a son, Monday at Iowa Lutheran Hospital. WOOD Suzanne and Louis of 2824 Thirty-eighth a daughter, Monday at Iowa Lutheran Hospital. TOBEY Deanna and Thomas of 1260 E. Twenty-seventh a daughter, Tuesday at Iowa Lutheran Hospital.

PEAK Sazoeum Yin and Sun of 1225 Seventy-third SL in Windsor Heights, a daughter, Monday at Broadlawns Medical Center. u.s. deaths: Charles Sparks Tkomai, 86, secretary of the Navy during the Eisenhower administration who later became an airline president and a prominent land developer, died Monday in Corona del Mar, Calif. Barbara Karinska, 97, Oscar-winning costume designer who worked for choreographer George Balanchine for 45 years and the New York City Ballet for more than three decades, died Tuesday in New York City. Charles Moore, 67, a developertf the synthetic diamond and a leading figure in the study of copper and other metals, died in Dobbs Ferry, N.Y., Monday after a long battle with cancer.

William Wait 95, a pioneer of aircraft design in the days of biplanes and barnstormers, died of pneumonia Monday in Glen Cove, N. Y. J. Edwin Mats, the former chairman and chief executive of John Hancock Mutual Life Insurance died Monday in Moultonboro, N.H.- Child abuse uncovered AUGUSTA, MAINE (AP) two-year investigation of 65 foster homes has revealed at least 41 cases of physical or sexual abuse of children, the state welfare director said Tuesday. Ballroom TONITE! BOBBY LAYNE Singles Nite 9-12 COMING SATURDAY OCT.

29 'Harvest Ball' with DON HOY RSSVNS, (515) 553-1 mm t5S 1000 MM And IYoIOOJs ijj ricgoll-blcuponvenncationby KMCiK Magic 93. it Continued from Page One about another $100,000 to have the firm study Urban's route. The Brice, Petrides routes would have cost between $65 million and 75 million, according to the consultant's estimates. Urban hoped his option could be built for less than half that. The federal government pays for about 75 percent of the study costs, THEATER CLOCIC BEYOND THE LIMIT: Forum 7:30, 9:30.

BK2 CHILL: Sierra 7: 1 5. 9:30. BRAINSTORM: Plaza 7:1 5. 9:30. EASY HONEY: Eastgate 7:30, 9:30.

EDDIE AND THE CRUISERS: Flew 7:30. Valley FLASHDANCE: Valley 7:30. 9:30. MR. MOM: Riviera 7:30.

9 45. NATIONAL LAMPOON'S VACATION: Forum 7:30. SouthRidge 7:30, 9:30. NEVER SAY NEVER AGAIN: Capri 7:15. 9:45.

RETURN OF THE JEDk River Hills 7. 9:30. REVENGE Of THE NINJA: Forum 7:15. SouthRidge 7: 1 5. 9: 1 5.

RISKY BUSINESS: Fleur 7:30, 9:30: Sierra 7:30, 9:30. ROMANTIC COMEDY: Fleur 7:15. 9:15. STAYING ALIVE: Eastgate 7: 1 5. 9: 1 5.

STRANGE BREW: Forum 7:45, 9:45. WARGAMES: SouthRidge 7.15. 9:30. WORDS AND MUSIC: Fine Arts 2, 6, 8: 1 5. ZELK3: Varsity 7:45, 9:20.

THEATER- "MR. PIM PASSES' BY" Charlie's Showplace 6:30. IT A Avoid The Christmas Rush At Holiday Inn, we're already booking Christmas parties! It may seem early, but party planners have begun their work for the holidays and our space is filling up! We still have a limited JOIN THE 'js DES MOINES SYMPHONY 1983-84 SEASON Saturday Sunday i. JAMES BOND 111 "-musny rw ma SHOWS TONIGHT AT: 7:15 i 9:30 p.m. mat Mtiy number of open dates avail able, so reserve now and make your Christmas entertaining easy.

We give your small gatherings and large parties our best personal attention! They were a family torn apart by temptation kept apart by pride. but brought together DO it E3 by a miracle I NO PASSES! 1J 1 1 I FLEUR AT: 1 1 amiH U7 1 tiwHMUMMKj 9: 15 p.m. exrrnmrrrrrmrrrrmmmi DCS MOnKI fIRST RATED XXXX For Reservations Call: MERLE HAY 5000 Merle Hay Rd. 278-0271 CAPITAL PLAZA 1050 6th Ave. 283-0151 SOUTH 2101 Fleur Drive 283-1711 NORTH 3501 East 14th St.

265-2541 October 22 23, 1983 Sat. 8:30 p.m., Sun. 3 p.m. STANLEY SHARP, CELLO Civic Center Join VLiri Krasnapolsky, Music Director Conductor, for his 1 0th Anniversary CALL 244-0819 TODAY ENDS THURSDAY AT FLEUR! PRIZE CHECK II- ClieciTfe in 17ie bkitL" Awarded 500 00 Tnt sum or YOUR flAMf. ORDtR Of Ore Thousand 'll UUI Till 1 in- A WORLD WIDE PICTURES RELEASE VALLEY AT: 411 1 1 1 r.MAvn I A 1 o.

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