by Margo Schlanger*
This article explores the practical effects of the prisoner civil rights docket on conditions of incarceration for the 2.2 million people in American jails and prisons on any given day.1 The analysis takes on a great deal more importance than it ideally would because detention facility litigation ...
Florida's Broward County Jail: Abuse and Misconduct As Usual
by David M. Reutter
Despite Florida's Broward County jail (BCJ) being under the supervision of a court-appointed monitor, recent incidents reveal prisoners are still at danger. BCJ has been under supervision since a 1994 consent decree that settled a conditions of ...
As this issue goes to press we are finishing the revamped PLN website which will have all the great content our previous site did as well as still more briefs, publications, reports and cases than our previous website did. The feedback we received from users about our old site was ...
by Matthew T. Clarke
There has been a rash of suicides in Wisconsin jails, including six in 2005 and four in the first half of 2006. One jail, in LaCrosse County, experienced prisoner suicides in 1997, 2002, 2005 and 2006. La Crosse County Sheriff Mike Weissenberger blamed the problem on ...
Loaded on
June 15, 2007
published in Prison Legal News
June, 2007, page 16
by Rick Anderson
If anyone really needed another reason to fear the dentist, Dr. Joel Diven provided it one day in May 2006, when a state prisoner climbed into his dental chair with a toothache.
State investigators say Diven, 72, a Department of Corrections dentist at McNeil Island Corrections Center, ...
Loaded on
June 15, 2007
published in Prison Legal News
June, 2007, page 17
by Betsy Sterling
After five years of litigation and two weeks of trial, the New York State Department of Correctional Services and Office of Mental Health have agreed to a settlement that establishes major improvements in psychiatric treatment for New York State prisoners with mental illness.
The lawsuit, Disability Advocates, ...
Loaded on
June 15, 2007
published in Prison Legal News
June, 2007, page 19
Annapolis, MD - Governor Martin O?Malley on April 24, 2007, signed legislation re-enfranchising more than 50,000 Maryland residents who have completed their felony sentences of prison, parole, and probation. O?Malley?s support of the ?Voting Registration Protection Act? ends the state?s draconian lifetime voting ban and eliminates the three-year waiting period ...
Loaded on
June 15, 2007
published in Prison Legal News
June, 2007, page 20
The Missouri Legislature has enacted legislation to compensate all persons declared "actually innocent" after DNA testing. In the last 15 years, five such prisoners in Missouri were released after being exonerated by DNA testing.
The latest action by that legislature sought to cure an injustice arising out of its original ...
Supreme Court: California's Law Permitting Suspicionless Police Search of Parolees Does Not Violate Fourth Amendment
by Marvin Mentor
A divided U.S. Supreme Court has upheld the constitutionality of a unique California statutory condition of parole wherein any police officer may conduct a suspicionless search of a California parolee. The only ...
by John E. Dannenberg
While politicians trample each other in their rush to enact increasingly onerous post-release residency restrictions on all manner of sex offenders, the California Legislature took pause to commission a study to measure the effectiveness of such restrictions throughout the United States. The findings were that, by ...
Phoenix, Arizona Sheriff's Policy Delaying Prisoners' Elective Abortions Enjoined
by John E. Dannenberg
Maricopa County, Arizona Sheriff Joe Arpaio's policy that required a female prisoner seeking an elective abortion to first obtain a court order for this procedure was enjoined because it represented an exaggerated response to Arpaio's alleged penological ...
Loaded on
June 15, 2007
published in Prison Legal News
June, 2007, page 22
On June 12, 2006, the State of Alaska settled a federal civil rights lawsuit over the wrongful death of a prisoner in a state-run jail for $573,000.
Julia Walker is the mother of Troy Wallace, who died while a prisoner in the Ketchikan Correctional Center, a jail run by the ...
State law enforcement agencies have struck a tentative deal with FBI officials that allows agencies to share previously privileged information.
The deal resulted from the brutal rape and beating of a Colorado woman who literally lost an eye from the attack.
DNA from the rapist was compared to more than ...
by Matthew T. Clarke
Security Specialists Plus (SSP) is a 60-employee firm operating out of Bellingham, Washington?s Irongate industrial area. It provides animal control services to unincorporated parts of Whatcom County, hires out private security guards, and serves legal documents. It also has a contract to incarcerate about 50 of ...
Disallowing Printed E-Mail Responses To Wisconsin Prisoner's Web Page Raised Triable Issues of Fact
by John E. Dannenberg
The Seventh Circuit U.S. Court of Appeals held that the Wisconsin Department of Corrections? (WDOC) policy of disallowing prisoner mail receipt of printed responses to their personal web pages (as distinguished from ...
Loaded on
June 15, 2007
published in Prison Legal News
June, 2007, page 26
On October 26, 2006, the federal Bureau of Prisons (BOP) announced that it was canceling its solicitation of proposals for single-faith, faith-based residential re-entry programs. The move came after a lawsuit was filed by the Madison, Wisconsin-based Freedom From Religion Foundation (FFRF), which is ?a national association of freethinkers, atheists ...
Loaded on
June 15, 2007
published in Prison Legal News
June, 2007, page 26
by G.A. Bowers
Colorado has one of the toughest sex offender laws in the nation, according to University of Denver law professor Karen Steinhauser. Under the 1998 Lifetime Supervision of Sex Offenders Act (Act), over 800 sex offenders have been incarcerated. Of the 182 who have met the parole board ...
Loaded on
June 15, 2007
published in Prison Legal News
June, 2007, page 27
Louisiana Prisoner Denied Religious Materials Under "Approved Vendor" Policy Settles Suit for $21, 786.13 in Damages and Fees
The State of Louisiana has settled with a prisoner who was denied religious materials while imprisoned in the Louisiana State Penitentiary at Angola. Under the agreement, which was concluded on February 21, ...
Study: Supermax Prisons Achieve Control While Inflicting Debilitating Side Effects, But Don't Reduce Recidivism
by John E. Dannenberg
The Justice Policy Center of the Urban Institute (UI) issued a research report, Evaluating the Effectiveness of Supermax Prisons, in which it concluded that while these restrictive lockups achieve their goals of ...
Loaded on
June 15, 2007
published in Prison Legal News
June, 2007, page 29
A highly critical May 2006 report by the Riverside County Grand Jury found that at the five county jail lockups, a disturbing pattern had emerged where prisoners who were injured while being subdued often were not provided medical aid. Worse, Sheriff?s Dept. personnel frequently filed inaccurate reports and often could ...
Loaded on
June 15, 2007
published in Prison Legal News
June, 2007, page 30
On August 21, 2006, a South Carolina jury awarded $4,000 to a man who fell and broke his ankle while imprisoned in the Charleston County Detention Center.
Plaintiff Clark Green, 40, claimed that while imprisoned in the two-story jail he was forced to walk down the stairs for recreation with ...
Loaded on
June 15, 2007
published in Prison Legal News
June, 2007, page 30
by Megan McLemore
Incarcerated individuals bear a disproportionate burden of infectious diseases, including Hepatitis B virus (HBV), Hepatitis C virus (HCV), and HIV/AIDS. The HIV prevalence in state and federal prisons is more than 3 times higher than in the general population. The prevalence of HCV among prisoners approaches 40 ...
by David M. Reutter
From its inception, privatization of Florida prisons has been touted as a way to save taxpayers money. Yet, a 2005 audit by Florida's Office of Program Policy Analysis and Government Accountability (OPPAGA) revealed that private prison vendors bilked taxpayers for $13 million. To add insult to ...
Loaded on
June 15, 2007
published in Prison Legal News
June, 2007, page 32
On March 14, 2006, a court in Hawaii awarded a prisoner $30,000 for medical negligence by Oahu Community Correctional Center (OCCC) personnel.
Walter V. Rodenhurst, III, was a pre-trial detainee who was incarcerated at the Federal Detention Center (FDC) due to overcrowding at OCCC. When he complained of abdominal pain ...
Loaded on
June 15, 2007
published in Prison Legal News
June, 2007, page 33
Los Angeles County Jail Visitor's Injury After Scuffle With Deputies Settles For $150,000
The Los Angeles County Claims Board settled out an injury lawsuit for $150,000 in December 2006 that resulted from a jail visitor being injured after scrapping with deputies in the visiting lobby.
On September 5, 2004, Jamal ...
Loaded on
June 15, 2007
published in Prison Legal News
June, 2007, page 33
Florida?s Third District Court of Appeals has held that a trial court has no jurisdiction to impose sanctions that regulate the treatment of prisoners in conjunction with a criminal sanction.
Henry Cuesta is a prisoner serving a life sentence for first degree murder with a firearm. When asked to comply ...
Loaded on
June 15, 2007
published in Prison Legal News
June, 2007, page 34
A Michigan federal district court has approved a settlement that requires the City of Detroit to record all interrogations of criminal suspects and awards the estate of a wrongfully convicted man $4,075,000.
The complaint in this action outlines a pattern of ?unconscionable deceptions? to deceive Eddie Joe Lloyd to confess ...
by John E. Dannenberg
The death of a Youngstown, Ohio arrestee who was severely beaten by police and negligently treated by Prison Health Services? (PHS) contract jail medical staff resulted in a settlement totaling $450,000.
African-American Booker Mitchell, 72, was summoned to the scene of an automobile accident involving his ...
Loaded on
June 15, 2007
published in Prison Legal News
June, 2007, page 35
U.S. Supreme Court: State Felon's Deportation Order Reversed Where Underlying Offense Amounted Only to Federal Misdemeanor
On December 5, 2006, the U.S. Supreme Court reversed the federal deportation order of an alien who had been convicted of felony drug possession in South Dakota. An immigration judge had determined that the ...
Loaded on
June 15, 2007
published in Prison Legal News
June, 2007, page 35
Five prisoners in the D.C. Jail were awarded a total of $248,000 in damages On February 1, 2006, following a two day jury trial in federal district court over inhumane and unconstitutional conditions at the jail.
Shannon J. Battle, Bernard Brown, Eugene Scott, Vonsauli Smith and Timothy Williams were prisoners ...
Fifth Circuit Remands Texas Prisoner's Retaliation Claim, Adopts De Minimis Standard
by Michael Rigby
The U.S. Fifth Circuit Court of Appeals held that prisoners must allege more than de minimis retaliatory acts to support retaliation claims under 42 U.S.C. § 1983. However, the Court further held that a transfer to ...
Loaded on
June 15, 2007
published in Prison Legal News
June, 2007, page 36
The U.S. Court of Appeals for the Second Circuit has affirmed a federal district court order requiring a released sex offender to undergo polygraph exams, to avoid contact with minors, and to abstain from using the Internet while on parole.
Jeffrey Johnson, a federal prisoner, served 88 months in prison ...
Loaded on
June 15, 2007
published in Prison Legal News
June, 2007, page 37
California?s 30,000 prison guards, some 6,000 of whom pulled down over $100,000 last year, won an arbitration award on January 19, 2007 for retroactive pay increases totaling $440 million. Funding for this liability was not included in the California Department of Corrections and Rehabilitation?s (CDCR) recent $10 billion budget request ...
Loaded on
June 15, 2007
published in Prison Legal News
June, 2007, page 37
The state of Hawaii has agreed to settle with a second prisoner who claimed she was sexually assaulted by a former warden while imprisoned at the Maui Community Correctional Center, as reported in a February 9, 2007 article in the Honolulu Advertiser.
According to the settlement, the victim, Viki Wong, ...
Loaded on
June 15, 2007
published in Prison Legal News
June, 2007, page 38
On July 31, 2006, Schenectady County, New York, agreed to settle a suit over its county jail strip search policy for $2.5 million.
This is a class-action civil rights lawsuit brought in federal district court pursuant to 42 U.S.C. § 1983. The plaintiff class consists of ?persons who were placed ...
California Governor's Parole Veto Reversed by Federal Court
by John E. Dannenberg
The U.S. District Court granted a California second degree murderer's 28 U.S.C. § 2254 habeas corpus petition and ordered that he be released on parole unless the Board of Prison Hearings (Board) gave him a new parole suitability ...
Loaded on
June 15, 2007
published in Prison Legal News
June, 2007, page 39
New York Jail's Juvenile Education Suit Returns to District Court
The Second Circuit Court of Appeals has held that a federal court may only grant relief in a civil rights action filed by a prisoner on federal law claims but not on state law issues. Before the appellate court, once ...
Loaded on
June 15, 2007
published in Prison Legal News
June, 2007, page 40
A California state prisoner who was being tried in United States District Court for federal conspiracy, racketeering and murder offenses committed from state prison, and whose wife was his lawyer, was permitted to write to his wife confidentially under his state prison-created ?confidential-legal? privilege, but only for matters related to ...
Loaded on
June 15, 2007
published in Prison Legal News
June, 2007, page 40
Federal Prisoner's Criminal Assault Conviction Reversed; Entitled to Raise Self-Defense
The Ninth Circuit Court of Appeals has held that a California federal district court failed to properly define the elements of a claim of self-defense when a prisoner was charged with assault with a dangerous weapon and possession of contraband ...
Loaded on
June 15, 2007
published in Prison Legal News
June, 2007, page 41
The Washington State Supreme Court has ruled that CrR 3.1(f) entitles indigent criminal defendants to expert services at public expense, even if they?re represented by private counsel.
Rodin Punsalan and Chayce Arden Hanson were prosecuted in the King County Superior Court in Seattle, Washington - Punsalan for robbery and Hanson ...
Loaded on
June 15, 2007
published in Prison Legal News
June, 2007, page 41
A man who claimed he was beaten while imprisoned at New York?s Rikers Island jail complex will receive $500,000 under the terms of a settlement agreement reached with the City on February 14, 2007.
Donald Jackson had claimed in his 42 U.S.C. § 1983 lawsuit that he was beaten by ...
Loaded on
June 15, 2007
published in Prison Legal News
June, 2007, page 42
Afghanistan: On May 6, 2007, two US army soldiers were shot and killed outside the Pul-i-Charki prison near Kabul and two others were wounded when an Afghan soldier opened fire on their vehicle as it was leaving the prison. The dead soldiers were training guards in the puppet Afghan regime ...
Loaded on
June 15, 2007
published in Prison Legal News
June, 2007, page 44
Alaska?s Supreme Court has held that the intentional-tort immunity law does not prevent a suit against the state when it breaches a duty separate from its role as an employer.
B.R., a federal prisoner housed at the state jail in Anchorage, brought suit after she was sexually assaulted by a ...