by John E. Dannenberg
Aging infrastructure concerns are not limited to America's highways, bridges and dams. Today, crumbling, overcrowded prisons and jails nationwide are bursting at the seams -- literally -- leaking environmentally dangerous effluents not just inside prisons, but also into local rivers, water tables and community water supplies. ...
Loaded on
Nov. 15, 2007
published in Prison Legal News
November, 2007, page 9
Rockwall County, Texas, and Lake Pointe Medical Center will pay $100,000 to settle a wrongful death lawsuit filed by the mother of a prisoner who died after being turned away from the hospital twice in 2004.
Sharon Mann claimed in her state lawsuit that jailers and hospital medical staff had ...
This month's cover story is on what goes in and comes out of prisons in the way of water and sewage. While a lot of attention is paid to the more dramatic effects of prison overcrowding, such as violence, inadequate medical care, prisoners sleeping in gyms and store rooms, etc.; ...
by Matt Clarke
On May 15, 2007, legislation took effect that brought Texas into the fold of the other 49 states that have prisoner telephones in state prisons.
State Senator Letica Van de Putte filed SD 1580, authorizing the phones, which took effect Nay 15, 2007. State Representatives Terri Hodge ...
This column is intended to provide "Habeas Hints" to prisoners who are considering or handling habeas corpus petitions as their own attorneys ("in pro per"). The focus of the column is on habeas corpus practice under AEDPA, the 1996 habeas corpus law which now governs habeas corpus practice throughout the ...
Just over two years ago, the jail in Dallas County, Texas (DCJ) failed state certification inspections and came under fire for numerous high profile cases of prisoner deaths and neglect. A U.S. Department of Justice (DOJ) report, issued on December 8, 2006, found that the facility was still deficient in ...
Loaded on
Nov. 15, 2007
published in Prison Legal News
November, 2007, page 15
In April 2007, the Borough of Bradley Beach, New Jersey, agreed to pay $56,000 to settle a federal lawsuit alleging multiple constitutional violations by a woman who spent eight hours in the Borough?s jail.
Plaintiff Aimee Sliker was arrested at the Bradley Beach police station on November 17, 2002, after ...
Loaded on
Nov. 15, 2007
published in Prison Legal News
November, 2007, page 16
by Matt Clarke
On April 24, 2007, about 500 Arizona and Illinois prisoners at a privately-run facility owned by the Indiana Department of Corrections (IDOC) participated in an uprising. The prison is operated by the Boca Raton, Florida-based GEO Group (formerly Wackenhut Corrections), a NYSE-listed company that manages 68 prisons ...
Loaded on
Nov. 15, 2007
published in Prison Legal News
November, 2007, page 17
An Indiana federal jury awarded Larry Mayes $9 million for actions taken by police officers of Indiana's City of Hammond, which resulted in Mayes being convicted of a rape he did not commit. As a result of those actions, Mayes served almost 21 years in prison.
Mayes was arrested in ...
Loaded on
Nov. 15, 2007
published in Prison Legal News
November, 2007, page 18
Five-Year Forecast: Prison Population Will Swell 13%?Triple America's Growth Rate
The charitably funded Washington D.C.-based Public Safety Performance Project (PSPP), statistically analyzing prison population trends in all 50 states and the federal Bureau of Prisons (BOP), projected that between 2007 and 2011 the total prison population in the United States ...
On February 26, 2007, a federal jury in Minnesota awarded $530,000 to the family of a man who died in his cell after jailers and medical staff at the Washington County Jail repeatedly ignored his pleas for medical assistance.
Walter Gordon made a fatal mistake on January 2, 2004?he requested ...
Loaded on
Nov. 15, 2007
published in Prison Legal News
November, 2007, page 19
Michigan's Law Attaching Prisoner Retirement Benefits Trumped By Federal Law
Michigan requires financially able prisoners to contribute up to 90% of monies received at their prison address to the state's coffers as an offset to the cost of their incarceration. Moreover, state law prohibits prisoners from maintaining bank accounts other ...
Overcrowded Washington DOC's Solution: Ship ?Em Out of State
by David M. Reutter
Overcrowding is pinching the Washington Department of Corrections (WDOC). To alleviate that problem, the department ordered less than 100 community supervision violators released without a hearing -- but the resulting public outcry has the WDOC looking for ...
by Matt Clarke
On April 12, 2007, eleven guards at the federal Bureau of Prison's Metropolitan Detention Center (MDC) in Brooklyn, New York " including a captain and three lieutenants" were indicted for abusing prisoners. At the same time, another scandal at the MDC involved a staff psychologist allegedly having ...
Loaded on
Nov. 15, 2007
published in Prison Legal News
November, 2007, page 22
The District Court for Oklahoma County, Oklahoma has ordered the County's Sheriff to transfer all prisoners awaiting transportation to the Department of Corrections (DOC) within 30 days and any prisoners sentenced after the Court's order are to be so transferred within 45 days of sentencing.
The Court's order came in ...
Loaded on
Nov. 15, 2007
published in Prison Legal News
November, 2007, page 23
Prison Health Services (PHS), nearing the end of its three-year $359.6 million contract to provide medical, dental, mental health and pharmaceutical services to ten of the eleven New York City jails, was audited by the State Comptroller's Office in June 2007. The 26 page audit report revealed that over 27% ...
Loaded on
Nov. 15, 2007
published in Prison Legal News
November, 2007, page 24
The Indiana Department of Corrections (IDC) settled a class action lawsuit brought by mentally ill prisoners whose Eighth Amendment rights had been trampled since 1993 by IDC policy that placed them in long-term disciplinary housing instead of treating their mental illnesses. The settlement comes ten years after a Human Rights ...
Loaded on
Nov. 15, 2007
published in Prison Legal News
November, 2007, page 24
The recent convictions and sentences given to several Japanese prison guards reveals the phenomena of allowing guards to walk even when they seriously injure kill prisoners is not limited to the United States.
In total, seven guards have been convicted by the Nagoya District Court of assaults on three prisoners ...
by Matt Clarke
March 2007 was an unusually bloody month in Georgia prisons, with three murders of prisoners by other prisoners and one severe beating of a mentally ill, handcuffed prisoner by guards.
Since 2005 there have been five homicides in the Georgia Department of Corrections (DOC). Three of them ...
by Michael Rigby
Elderly prisoners are more than twice as likely to die behind bars as those who are not in prison, a report by the Bureau of Justice Statistics (BJS) on prison mortality rates reveals. White and Hispanic prisoners were also slightly more likely to die than their non-incarcerated ...
Loaded on
Nov. 15, 2007
published in Prison Legal News
November, 2007, page 26
Prison officials in New York City have been charged in a lawsuit filed upon behalf of four mentally ill prisoners with depriving those prisoners of their basic human rights and placing them in diapers while in isolated segregation.
The prisoners, who were identified by their first names only, say they ...
The Ohio Department of Rehabilitation and Correction (ODRC) will hire dozens of dental health care providers, revise policies and procedures governing prisoner dental care, and implement oral health care education programs as part of a settlement agreed to in a larger class action lawsuit that alleged constitutionally inadequate health care ...
It?s beginning to sound a bit repetitive, but the nation?s prison population continues to grow exponentially. At midyear 2006, U.S. prisons and jails held 2,245,189 persons?a 2.8% increase over the previous year, according to a Bureau of Justice Statistics (BJS) report released in June 2007.
Put another way, on June ...
Loaded on
Nov. 15, 2007
published in Prison Legal News
November, 2007, page 28
Inadequate Medical Care Alleged at Alameda County, CA Jail - Four Prisoners Dead
Family members of prisoners who became sick or died at the Santa Rita jail in Alameda County, California have alleged inadequate health care following two deaths within a one-week period in 2006. There have been two other ...
In a March 2007 Letter Report to California's Governor and Legislature, State Auditor Elaine Howell reported that the California Department of Corrections and Rehabilitation (CDCR) had failed to make meaningful progress in devising accurate prisoner population projections for California. Such projections are of paramount importance because they seriously impact CDCR's ...
More details have surfaced in a conflict-of-interest scandal involving two California gubernatorial appointees involved in a $26 million no-bid contract awarded by the California Department of Corrections and Rehabilitation (CDCR) for medical scheduling services. PLN previously reported that the chief of CDCR's Division of Health Care Services, Dr. Peter Farber-Szekrenyi, ...
Loaded on
Nov. 15, 2007
published in Prison Legal News
November, 2007, page 31
Val Verde County, Texas and its contract Del Rio jail operator, GEO Group, Inc., agreed in March 2007 to pay $200,000 to the surviving family of a 23-year-old woman prisoner who, upon becoming depressed after being raped in the jail, hung herself with her bed sheet in July 2004.
LeTisha ...
Loaded on
Nov. 15, 2007
published in Prison Legal News
November, 2007, page 32
The Superior Court of Sacramento County has granted a writ of mandate prohibiting the transfer of California Department of Corrections and Rehabilitation (CDCR) prisoners to out-of-state facilities to alleviate the prison system's chronic overcrowding crisis.
The California Correctional Peace Officers Association (CCPOA), the union that represents state prison guards, had ...
California DOC Pays PLN's Attorneys $320,000 In Fees/Costs Related To Mail Censorship Settlement
by John E. Dannenberg
In June, 2007, the California Department of Corrections and Rehabilitation (CDCR) and Prison Legal News (PLN) stipulated to a $320,000 settlement for attorney fees and costs associated with CDCR's agreement with PLN to ...
Loaded on
Nov. 15, 2007
published in Prison Legal News
November, 2007, page 33
$150,000 Settlement in Suit over Atlanta Prisoner's Fall-Related Death
In November 2006, the family of a man who suffered fatal injuries when he fell over a railing on an upper floor of an Atlanta jail settled with the city for $150,000.
Decedent Todd Jones, 37, was arrested and placed in ...
Loaded on
Nov. 15, 2007
published in Prison Legal News
November, 2007, page 33
On July 10, 2007, Cook County, Illinois, agreed to pay $4,575,000 to settle a federal class action lawsuit that alleged prisoners were subjected to nonconsensual testing for sexually transmitted diseases (STDs) during intake at Chicago?s Cook County jail.
Plaintiffs Robert Jackson, Joseph McGrath, and Derrell Smith claimed in their 42 ...
Loaded on
Nov. 15, 2007
published in Prison Legal News
November, 2007, page 34
California's State Auditor has found that a pharmacist, who was contracted by three state prisons to select other pharmacists from a state-approved registry to perform services at the facilities, directed 93% of such referrals worth $1.1 million to pharmacists on his own firm's registry. Fees and costs gained from these ...
by John E. Dannenberg
A December 2006 state audit of the Utah Department of Corrections (UDC) found that entrenched upper management personnel lacked vision and innovation, while they selectively allowed punishable staff "indiscretions" to be swept under the rug without consequences. This self-perpetuating chronic situation left UDC staff morale in ...
Loaded on
Nov. 15, 2007
published in Prison Legal News
November, 2007, page 35
The New York Court of Appeals reversed a ruling by the Appellate Division that had permitted sex offenders nearing the end of their criminal sentences to be summarily transferred to mental health facilities (e,g., civil commitment centers) without hearings. This was the second such ruling by the state?s highest court ...
Loaded on
Nov. 15, 2007
published in Prison Legal News
November, 2007, page 36
California's Prison Drug Procurements Separate from Other State Agencies
California State Auditor Elaine M. Howle issued a June 2007 report to follow-up on her past recommendation to implement bulk procurement cost-savings in the state's contracts for pharmaceuticals. Since 70% of such drugs are purchased for adult and juvenile corrections use, ...
by Matt Clarke
On May 3, 2007, a federal court in Pennsylvania found unconstitutional the Pennsylvania Department of Corrections (DOC) mail policy allowing legal mail to be opened outside the presence of prisoners if the pail does not display a prison-issued control number.
Derrick Dale Fontroy, Theodore B. Savage and ...
Loaded on
Nov. 15, 2007
published in Prison Legal News
November, 2007, page 37
On March 12, 2007, a federal district court awarded $350,000 to a prisoner who was beaten by about 40 other prisoners on the recreation yard of a federal prison in Texas.
Plaintiff Luis Garza claimed that while on the recreation yard at the Bureau of Prison's Federal Correctional Institution in ...
by John E. Dannenberg
"Good care is less costly than bad care." This maxim, from prison healthcare Receiver Robert Sillen, set the tone when he announced his master plan on May 10, 2007 to constitutionally repair the California Department of Corrections and Rehabilitation's (CDCR) ailing healthcare system. In the 50 ...
"Please Rip Us Off" Florida Officials Tell Private Prison Companies
by David M. Reutter
Despite having ordered a criminal investigation into its private prison contractors, the Florida Legislature and Governor Charlie Crist have enacted legislation that specifies those same companies are the only ones that can bid on expanding current ...
California Inspector General: $1 Billion In DOC Drug Treatment Program "A Complete Waste Of Money"
by Marvin Mentor
California's Inspector General Matthew Cate issued a scathing 52-page report in February 2007 which concluded that the $1 billion that the California Department of Corrections and Rehabilitation (CDCR) has spent on prisoner ...
by Matt Clarke
In early 2007, the Employment Training Institute (ETI) of the University of Wisconsin-Milwaukee released a study assessing the legal and employment needs of ex-prisoners residing in Milwaukee County.
The study of 26,772 adults released from Wisconsin prisons since 1993 found that ex-prisoners faced significant hurdles to post-incarceration ...
Loaded on
Nov. 15, 2007
published in Prison Legal News
November, 2007, page 42
California: On January 12, 2007, prisoners at Folsom State Prison gave 192 phone cards to the California National Guard which was purchased with money raised during a pizza fund raiser at the prison. Each card had 200 minutes on it and will be distributed to soldiers serving overseas. The irony ...
Loaded on
Nov. 15, 2007
published in Prison Legal News
November, 2007, page 44
The State of Connecticut will pay $2.5 million to settle a class action lawsuit that alleged the state maintained an unconstitutional practice of strip searching all incoming prisoners at the New Haven Community Correction Center (NHCCC).
Plaintiff Charles Campbell claimed that he was strip searched at the jail on December ...