Use of Questionable “Lie Detectors” by Law Enforcement Expands Nationwide

by Matt Clarke

In the aftermath of the Sept. 11, 2001 terrorist attacks, law enforcement and other government agencies implemented new practices to obtain information from suspects during investigations and interrogations. The use of torture and torture-like techniques to extract ...

PLN Attorneys Awarded $137,672 for Post-Settlement Work in CDCR Censorship Case

by John E. Dannenberg

On April 10, 2008, the U.S. District Court for the Northern District of California awarded $137,672 in supplemental legal fees and costs incurred in enforcing a settlement agreement between PLN and the California Department of ...

Canadian Prisoner Recognized for Advocacy on Prisoner Health Issues

The Canadian HIV/AIDS Legal network and Human Rights Watch has recognized people and organizations that protect the rights and dignity of those living with or affected by HIV and AIDS. Peter Collins has worked as a peer health counselor since the ...

With the election past there has been a change in the faces of government and the election of Barak Obama is a historic occasion in US history with the election of a black man to the presidency for the first time. Whether there is any positive change on the criminal ...

A Michigan federal jury awarded $2.75 million to a prisoner’s estate in a case claiming deliberate indifference to serious medical needs. The prisoner, Jeffrey Clark, was having mental health problems and died due to the effects of dehydration and inhumanely hot conditions in his segregation cell.

While in the chow ...

“When I left Angola,” says Robert King Wilkerson, who spent 29 years in solitary confinement in Louisiana’s notorious Angola State Penitentiary for a crime he was later found innocent of, “I said, ‘I may be free of Angola, but Angola will never be free of me.’” Since his release seven ...

??by David L. Hudson, Jr.?

“Prison walls do not form a barrier separating the inmate from the protections of the Constitution.” So wrote Justice Sandra Day O’Connor in the 1987 decision Turner v. Safley. But the statement has often proved an empty incantation in courts across the country, as prisoners’ ...

An Execution in the Family: One Son’s Journey, by Robert Meeropol; St. Martin’s Griffin, 273 pages, $14.95

Reviewed by David Preston

The Rosenberg case: for most Baby Boomers it is an historical footnote, something one recalls vaguely from a history class or a documentary on the Cold War. For older ...

Connecticut DOC Settles Prisoner Hogtying Death For $900,000

The Connecticut Department of Corrections (CDC) settled a wrongful death complaint for $900,000 when a prisoner who was hogtied in a prison classroom died of traumatic asphyxia from the application of such restraint.

Dennis Kinsman was an unconvicted pre-trial detainee (charged with ...

On January 31, 2008, the National Institute of Corrections (NIC) issued a 139-page report detailing numerous flaws in the Milwaukee, Wisconsin jail system. The Milwaukee House of Correction (HOC), the Community Corrections Center (CCC) and the County Jail Facility (CJF) fell short in virtually every area scrutinized by inspectors. From ...

Wyoming American Indian Prisoner Wins Consent Decree to Receive Feathers

In a victory for American Indian prisoners, the Wyoming State Penitentiary (WSP) has entered into a consent decree that allows a prisoner to possess up to four eagle feathers in his cell and a feather fan will be available for ...

by Kent Russell

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 ...

California DOC Settles Sadistic, Hate-Motivated, Three-Year Starvation Death Of Sikh Prisoner For $1 Million

by Marvin Mentor

The California Department of Corrections and Rehabilitation (CDCR) settled a lawsuit brought by the survivors of a Sikh prisoner who died of starvation at Corcoran State Prison’s Substance Abuse Treatment Facility (SATF). The ...

New Zealand prisoners will soon begin working on photocopiers at two prisons. According to New Zealand Department of Corrections (NZDOC) Minister Phil Goff, Canon New Zealand (CNZ) will initially employ a total of 15 prisoners at Rimutaka Prison and Auckland region Women’s Correctional Facility. The program is expected to expand ...

Exonerated Florida Prisoner Receives $2.2 Million; Second Lawsuit Still Pending

The City of Miami has agreed to pay $2.2 million to a mentally ill man who served 22 years in prison for a rape and multiple murders he did not commit. DNA evidence cleared him in 2001.

Jerry Frank Townsend, ...

CMS Insurer Must Pay Wyoming Suicide Settlement

The Tenth Circuit Court of Appeals has held that an insurer is required to indemnify Correctional Medical Services (CMS) for an incident that occurred prior to CMS obtaining the insurance policy. The Court’s ruling came in a legal battle over the meaning of ...

Jury Awards Indiana Prison Law Library Clerk $1,150 for Retaliation

On April 3, 2008, a federal jury awarded $1,150 to a prison law library clerk in a lawsuit claiming retaliation by a prison librarian.

Charles Watkins, a law clerk at the Indiana Department of Corrections’ Miami Correctional Facility, sued librarian ...

by Matt Clarke

On October 14, 2007, the National Commission on Correctional Health Care (NCCHC) issued a position paper in response to the abuse of prisoners. The NCCHC is an organization dedicated to improving professionalism and safety in the jails and prisons by establishing national standards, accreditation, litigation and public ...

California Guards Union Investigated for Hiring Parolee for Office Job

In June 2008, California’s Office of the Inspector General (OIG), which oversees the state prison system, began investigating the prison guards union (CCPOA) for hiring a parolee as an intern in the union’s legislative affairs office. The OIG was concerned ...

by David M. Reutter

Two reports by the Department of Justice‘s Bureau of Justice Statistics examined the growth rate of America’s jails and prisons, which are burgeoning at a yearly pace of 2%. That growth resulted in an all-time record of 2.3 million people behind bars on June 30, 2007, ...

Alabama Policy Denies Work Release to HIV/AIDS Infected Prisoners

by David M. Reutter

Citing a 2004 settlement that requires proper care for prisoners infected with HIV or AIDS, the Alabama Department of Corrections (ADOC) is denying such prisoners the opportunity to participate in work release programs.

The closest thing to ...

Indiana Prisoner Receives $200,000 in Excessive Force Case

An Indiana federal jury has awarded a state prisoner $200,000 for a guard’s use of excessive force. The claim arose from an incident that occurred at the Wabash Correctional Facility on April 21, 2005.

That was the day when prisoner Vernon A. ...

Landmark 1980 California Death Row Federal Consent Decree Partially Terminated Under PLRA

by John E. Dannenberg

A landmark 1980 federal consent decree that covers all manner of living conditions for San Quentin State Prison’s death row population was partially terminated in February 2008 following a motion by the state defendants, ...

by John E. Dannenberg

On June 19, 2008, a U.S. District Court held that the Indiana Department of Corrections (IDOC) failed to meet its burden of proving that a blanket ban on group worship by Odinists was the least restrictive means of maintaining institutional safety and security. The court permanently ...

BOP Agrees to Pay $90,000 in Attorney’s Fees and Costs in Suit Over Constitutionality of Byline Regulation

On December 17, 2007, the Bureau of Prisons (BOP) agreed to pay $90,000 in attorney’s fees and expenses after losing a suit over the constitutionality of its byline regulation.

As previously reported by ...

Colorado DOC Pays $60,000 Settlement for Suicide of Former Prisoner Who Was Sexually Abused by Guard

by John E. Dannenberg

The Colorado Department of Corrections (CDOC) settled a lawsuit brought by the family of a former prisoner who committed suicide a year after he paroled. The suit alleged that the ...

Self-Help Legal Guides, Publisher, Rosemary Steele; 104 pages, Softbound

Reviewed by David M. Reutter

Every prisoner has a legal problem. Solving that problem is very difficult, especially if the prisoner is in confinement. With the goal of creating a vehicle to assist prisoners in Florida’s confinement and close management units ...

Citing figures issued by the Bureau of Justice Statistics (BJS) a preliminary report by the Stop Prisoner Rape (SPR) initiative shows that Texas has five of the nation’s ten worst prisons for reported sexual violence. [SPR has changed its name and is now known as Just Detention International.] During the ...

$1.5 Million Settlement Provided to Immigrant Prisoner Who Lost Leg in Colorado Jail

by David M. Reutter

The insurance company for Colorado’s Park County Jail has agreed to settle a former prisoner’s medical neglect lawsuit for $1.5 million. The suit was brought by Moises Carranza-Reyes, who was held in the ...

The New York State Department of Correctional Services has agreed to pay $2.75 million to a prisoner who lost her eyesight due to deficient medical care by prison doctors.

The July 2007 settlement came in the civil rights action filed by prisoner Virginia Davis, who was born with hydrocephaly, which ...

Guards in New Jersey prisons have been found guilty of everything from smuggling drugs and cell phones to simply failing to show up for work. From 2005 to 2007, the New Jersey Department of Corrections (DOC) had to fire 154 of its guards; 52 were fired in 2007 alone.

“The ...

$4.45 Million Verdict in Meningitis Death of Cook County Jail Prisoner

by David M. Reutter

An Illinois federal jury awarded $4.45 million to the mother of a prisoner who died at the Cook County Jail. The verdict sent a strong message that ignoring prisoners’ serious medical conditions would not be ...

The Securities and Exchange Commission (SEC) has filed a civil action that alleges a consultant for private prisoner operator the GEO Group used information obtained through his contracts to engage in insider trading.

Zachariah P. Zachariah, a prominent cardiologist and Republican fund raiser from Broward County, Florida, has been a ...

On April 16, 2008, the U.S. Supreme Court held that Kentucky’s lethal injection protocol does not violate the Eighth Amendment’s prohibition against “cruel and unusual punishment.”

Kentucky state prisoners Ralph Baze and Thomas Bowling were each convicted of double homicides and sentenced to death. Following the affirmance of their convictions ...

Russell Rice and Larry Lytle, both career employees of the Oregon state Department of Corrections, were fired by Superintendent Frank Thomas of the Santiam Correctional Institute in early 2004. Both had long histories of exemplary performance. But they formally complained that Thomas, who was black, gave preferential treatment to black ...

Exonerated Florida Man Receives $1.25 Million

Florida Gov. Charlie Crist signed an executive order on May 6, 2008, that awards Alan Crotzer $1.25 million for the 24 years he spent in prison for a rape and kidnapping conviction he did not commit. Crotzer was released in 2006 after DNA evidence ...

Helping Ex-Prisoners Find Jobs Has Become Important to the Government, Finally

by Derick Limberg

The federal government and some cities are making an effort to help ex-cons receive job training and get hired. Besides tax incentives, some companies are making a concerted effort to hire disadvantaged people which includes ex-convicts. ...

Pennsylvania Jail Rebuffs Calls for Independent Review of Abuse Claims

by David M. Reutter

Jails and prisons are often located in areas hidden from public view, and as a result often become extremely insular. Those who work within such insular cultures resist efforts to have their “dirty laundry” exposed. Thus, ...

On December 4, 2007, a New York Court of Claims awarded a former prisoner $290,000 for injuries he received when he slipped and fell on ice at a New York state prison.
In January 2001, Gene Sullivan was incarcerated at Arthur Kill Correctional Facility in Richmond County, New York. He ...

Strip Search Policy E-mails Were Attorney-Client Communications, but Privilege Is Waived

The Court of Appeals for the Second Circuit has granted a writ of mandamus, directing a lower court to vacate an order compelling production of communications protected by attorney-client privilege. The appellate court also instructed the court below to ...

Florida Jail Supervisors Investigated in Fraudulent Overtime Scheme

An investigation at Florida’s West Palm Beach County Jail has revealed that top-ranked officials used their positions to obtain fraudulent overtime payments. What started as an internal investigation into a deputy’s complaint has morphed into a criminal investigation that has resulted in ...

$25,000 Award To South Carolina Prisoner Injured Performing Community Service

A South Carolina court entered an award of $25,000 to a prisoner who was working community service on a trash truck when his foot was run over by a car.

James Everette Ford, 35, was a prisoner assigned to retrieve ...

The First Circuit Court of Appeals reversed a New Hampshire federal district court’s summary judgment order that concluded a prisoner had failed to demonstrate prison officials violated his rights under Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12131-12134.

While imprisoned at the New Hampshire State ...

Native American Reservations in Dire Need of Better Jails, Get Money to Build More

In August 2008, the Bureau of Indian Affairs (BIA) closed its jail in Pine Ridge, South Dakota due to deteriorating conditions, saying the jail was unsafe for prisoners and guards alike. The prisoners were temporarily transferred ...

During mediation, a settlement of $600,000 was reached between Kenneth Moore and the State of Ohio in a claim of wrongful imprisonment. Moore had sued Ohio for damages incurred in his defense at trial and post-conviction proceedings related to the criminal charges, damages for the time period he was incarcerated. ...

The Seventh Circuit U.S. Court of Appeals has upheld a prisoner’s Eighth Amendment complaint of deliberate indifference to his serious medical condition when he alleged that the prison doctor called to treat his injuries chose to attend a New Year’s party instead of providing prompt medical treatment.

Wayne Edwards, incarcerated ...

The Eighth Circuit Court of Appeals has held that a prison work crew guard was not entitled to qualified immunity in an Eighth Amendment suit alleging he failed to protect a prisoner from death by electrocution due to a downed power line.

This lawsuit, brought by the estate of South ...

In a 5-4 ruling, the Supreme Court for the State of Washington has held that the Washington Department of Corrections (WDOC) has authority to collect court-ordered legal financial obligations (LFOs) from all prisoners, regardless of sentence, from non-work related income.

Before the Court was an action brought by Clallam Bay ...

Massachusetts DOC Ordered to Provide Vegan Meals to Buddhist Prisoner

On June 11, 2008, following a non-jury trial in an action brought under the Religious Land Use and Institutionalized Persons Act (RLUIPA), a U.S. District Court directed the Commissioner of the Massachusetts Department of Corrections (DOC) to provide a Buddhist ...

Tenth Circuit: Procedural Defense to Federal Prisoner’s ETS Suit Fails on Inadequate Grievance Record-Keeping

by John E. Dannenberg

The Tenth Circuit U.S. Court of Appeals reversed a summary judgment order in a federal prisoner’s pro se Environmental Tobacco Smoke (ETS) suit against private prison contractor Cornell Corrections, Inc., because Cornell’s ...

Ninth Circuit: Statutory Increase in Restitution Payment Rate Does Not Violate Plea Agreement and is Not Ex Post Facto

The Ninth Circuit Court of Appeals, in a California state prisoner’s challenge to statutory amendments that increased the rate of collections for restitution fines from 20% of prison wages to 50%, ...

EAJA Permits Recovery of Fees for Paralegal Services at Market Rates, US Supreme Court Holds

The Equal Access to Justice Act (EAJA) authorized prevailing parties to obtain reimbursement of fees expended on paralegal services at market rates, the U.S. Supreme Court held June 2, 2008.

Richlin Security Service Co., a ...

New York Sex Offenders’ Settlement Agreement Superseded by New Registration Law

The Second Circuit U.S. Court of Appeals dealt a blow to sex offenders in New York state when it ruled that despite an earlier suit and settlement agreement that required sex offender registration procedures to be consistent with earlier ...

by John E. Dannenberg

The Tenth Circuit U.S. Court of Appeals realigned its jurisprudence to comport with the U.S. Supreme Court ruling in Jones v. Bock, 127 S.Ct. 910 (2007) [see: PLN, May 2007, p.36], which held that failure to exhaust administrative remedies in a prisoner’s 42 U.S.C. § 1983 ...

The Court of Appeals for the State of Washington has held that pretrial conditions for release on personal recognize that require a defendant to undergo an alcohol evaluation, comply with any recommended treatment and attend three weekly self-help meetings were not authorized by court rule and violated the United States ...

In two rulings, Florida’s First District Court of Appeal has held a circuit court departed from the essential elements of law when it placed a lien on a prisoner’s trust account to satisfy the filing fee for a mandamus petition.

Florida prisoner James P. Anderson filed a mandamus petition challenging ...

Arkansas: On June 9, 2008, Rolanda Barron, 33, the director of nursing at the Tucker unit prison was arrested after a search disclosed she was smuggling tobacco into the prison as well as cell phones, cell phone chargers and batteries, all of which are prohibited in the maximum security prison. ...

The family of a Wisconsin prisoner who committed suicide has agreed to accept a $635,000 payment from the state to settle a federal lawsuit. The suit claimed that Taycheedah Correctional Institution (TCI) prisoner Angela Enoch was able to strangle herself with torn pieces of her pillow despite pleading for psychiatric ...