Federal Court Releases County Commissioner Convicted of Fraud
by David Reutter
Citing “age (87) and deteriorating health,” an Alabama federal district court reduced the prison sentence of a former county commissioner convicted of corruption. The court reduced the sentence to time served and ordered his release on supervised release.
Former Jefferson County Commissioner Jewell Chris McNair was among 21 people convicted in the $3 billion sewer scandal in Alabama’s most populous county. McNair was convicted in April 2006 of bribery and conspiracy. He later pleaded guilty to soliciting $140,000 in bribes while overseeing the sewer project.
While appealing his conviction in 2008, McNair suffered a minor stroke. He tried to avoid prison on the grounds of his age and health, but in April 2011 the federal court ordered him to serve a 5-year prison term.
The court relented on August 29, 2013, and ordered McNair’s immediate release once his family could assure his health for allowed travel from a federal prison medical facility in Minnesota to Birmingham. He was released that day.
The release came after the Obama administration requested it on grounds of compassion. McNair, whose daughter Denise was one of three …
New Orleans’ Effort to Vacate Consent Decree Fails
by David M. Reutter
The Fifth Circuit Court of Appeals affirmed a Louisiana federal district court’s order denying the City of New Orleans’ (City) motion to vacate a consent decree related to past practices of the New Orleans Police Department (NOPD). Also discussed in the case was the consent decree entered between the Department of Justice and the Orleans Parish Prison (OPP) for the construction of a new jail building.
The U.S. Department of Justice (DOJ) began an investigation in May 2010 into alleged constitutional violations by the NOPD. That investigation began at the invitation of New Orleans Mayor Mitchell Landrieu, and on the same day the DOJ filed its complaint in federal court. The DOJ and the City agreed to a proposed consent decree.
As the action progressed, the City urged the court to approve the decree. When the court held a January 11, 2013 status conference, the City expressed “buyer’s remorse,” making an oral request to withdraw from the NOPD consent decree. The court, notwithstanding the City’s change of heart, approved the decree and denied the City’s subsequent motion to vacate it.
As the …
Michigan Must Comply with Graham and Miller
by David M. Reutter
A Michigan federal district court ordered Governor Rick Snyder to provide a “fair, meaningful, and realistic” opportunity for parole to all prisoners sentenced to life imprisonment for crimes committed while children. The order follows the court’s January 2013 finding that Michigan’s mandatory sentencing scheme that denies parole to children convicted of certain crimes is unconstitutional.
“Courts have repeatedly made it clear that incarcerating children and throwing away the key is cruel and unusual punishment,” said Deborah LaBelle, the lead attorney in the lawsuit brought by the American Civil Liberties Union. “Today the court demanded that the state of Michigan take action to comply with the Constitution and Supreme Court precedent set almost two years ago. It’s now up to the state to develop a process that is meaningful and fair.”
According to a press release published by the ACLU of Michigan, the court’s order requires Michigan to put in place, by December 31, 2013, a parole process that:
- Creates administrative structure for processing and determining parole eligibility;
- Gives notice to all who have served 10 years of a life sentence that …
Fired Mississippi Jail Guard Sues for Wrongful Arrest
by David Reutter
A former guard at Mississippi’s Hinds County Jail (HCJ) has sued the Hinds County Sheriff Department after being fired and arrested for bringing contraband into HCJ.
The arrest followed the escape of two female prisoners on August 31, 2013. Guard Jackie Jenkins was fired, arrested, and charged with aiding the escape. Guard Jackie Jenkins, who had worked at HCJ for three months, was fired and arrested “for introduction of contraband into a correctional facility,” said sheriff’s spokesperson Othor Cain. “Tobacco products of any kind are not allowed in our facility at all.”
Jenkins’ attorney, Dale Danks, Jr. said Jenkins was following a supervisor’s instructions and that tobacco is not defined as contraband under Mississippi law. He stated that Jenkins “was told to keep them in the box.”
He was referring to the ammunition box that deputies place firearms in before entering HCJ, which is outside the facility under the sally port. Cain said the investigation following the escape revealed Jenkins “was not in her assigned area and that contributed to these inmates leaving.” Jenkins claimed she had a supervisors’ permission to be outside …
$127,000 Settlement for Michigan Jail Guards Use of Excessive Force
by David Reutter
Michigan’s Kent County Correctional Facility (KCCF) agreed to pay $127,198 to settle a civil rights action alleging a guard used excessive force against a pre-trial detainee.
After being involved in a one-car accident …
$48,000 in Attorney Fees Awarded in Prisoner-Injury Civil Action
by David Reutter
On November 18, 2013, a Colorado federal district court awarded more than $48,000 in attorney fees in a civil rights action involving a prisoner being injured after an accident involving the prison van that was …
$1.1 Million Awarded to New York Prisoner Raped by Guard
by David Reutter
A New York Court of Claims awarded $605,750 to a female prisoner who was raped by a guard at the Albion Correctional Facility. The award followed a $500,000 award against the guard by a …
$80,000 Award for New York Prisoner Injured During Scuffle with Guard
by David Reutter
A New York Court of Claims awarded $80,000 to a prisoner for injuries sustained after a confrontation between the prisoner and a guard.
On November 14, 2008, following a court appearance, prisoner …
$35,000 Award to New York Prisoner Burned in Kitchen Accident
by David Reutter
A New York Court of Claims awarded $35,000 to a prisoner in a negligence suit seeking damages for injuries sustained while working in the prison kitchen. Having found the prisoner 20% liable, however, the …
TDCJ’s $100 Annual Fee for Prisoner Health Care Held Constitutional
by David M. Reutter
The Fifth Circuit Court of Appeals has found constitutional a Texas statute requiring prisoners to pay a $100 annual health care services fee when they receive medical treatment.
The ruling came in a lawsuit filed by Texas prisoner Robert C. Morris, who challenged a 2011 amendment to Texas Government Code § 501.063, naming Governor Rick Perry as the defendant. As amended, the statute provides that any prisoner “who initiates a visit to a health care provider shall pay a health care services fee to the Texas Department of Criminal Justice (TDCJ) in the amount of $100.”
The annual fee “covers all visits to a health care provider that the inmate initiates until the first anniversary of the imposition of the fee.” If the prisoner’s trust fund balance is insufficient, then “50 percent of each deposit to the fund shall be applied toward the balance owed until the total amount owed is paid.” Prison officials “may not deny an inmate access to health care as a result of the inmate’s failure or inability to pay a fee.”
The amendment to § …
