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Prison Legal News: November, 2018

Issue PDF
Volume 29, Number 11

In this issue:

  1. On the Inside: The Chaos of Arizona Prison Health Care (p 1)
  2. From the Editor (p 8)
  3. Arkansas: $21,000 Settlement in Jail Release Debit Card Class-Action Suit (p 9)
  4. Justice Sotomayor Slams Solitary Confinement, but Supreme Court Declines to Accept Colorado Solitary Case (p 10)
  5. Podcast Produced by Wisconsin Prisoner Tackles Criminal Justice Topics (p 10)
  6. Public Outcry Forces Florida DOC to Back Down on Limits to In-Person Visitation (p 12)
  7. Washington: Jail Detainee Obtains $1 Million Settlement for Spinal Injury (p 14)
  8. Death Sentences and Executions Ebbing in the “Capital of Capital Punishment” (p 15)
  9. Denver Pays $100,000 to Settle DOJ Suit Over Failure to Accommodate Diabetic Deputy (p 16)
  10. Exonerated Prisoner Invests Portion of $20 Million Settlement to Start Barber School (p 17)
  11. HRDC Sues Oklahoma County Jail for Censoring Books (p 18)
  12. Federal District Court Holds Ohio Prison Cannot Cut Rastafarian Prisoner’s Hair (p 18)
  13. Contraband Found in Prisoner’s Rectum Supports Conviction (p 19)
  14. Alaska Supreme Court Reverses Disciplinary Case Where Prisoner Not Allowed to Call Witnesses (p 20)
  15. California Muslim Prisoner Defeats Summary Judgment Order in Mixed Appellate Ruling (p 21)
  16. CCS Seeks to Hide Internal Review in Jail Detainee’s Death; $180,000 Settlement (p 22)
  17. Aramark Gets Pennsylvania DOC Food Procurement Contract (p 23)
  18. Why Prison Reform is Not Enough to Fix the U.S. Criminal Justice System (p 24)
  19. The Secret World of Missouri DOC Internal Death Investigations (p 26)
  20. California Prisoners Seek to Enforce Settlement Provisions in Ashker Litigation (p 28)
  21. Ninth Circuit: Prisoner’s Disciplinary Appeal Exhausted Claim of Having to Work on Religious Holiday (p 28)
  22. Fighting the Fees that Force Prisoners to Pay for Their Incarceration (p 30)
  23. Fourth Circuit: Failure to Transfer Mentally Ill Prisoner to Hospital Not Actionable (p 32)
  24. Texas Prison Officials Demoted, Fired after Disciplinary Quota System and Planted Contraband Exposed (p 34)
  25. $7 Million Settlement for Pennsylvania Prisoner’s Suicide at Private Prison (p 36)
  26. States Implementing New Technology to Fight Contraband Smuggling Via Drone (p 36)
  27. Arkansas DOC Says Water is Safe, but Most Tests Not Conducted in Housing Units (p 38)
  28. Maricopa County, Phoenix Settle Lawsuit Over Mentally Ill Prisoner’s Death for $7.25 Million (p 38)
  29. Magistrate Judge Must Have Jurisdiction Prior to Entering Final Judgment (p 39)
  30. More Legal Cases Involving Transgender Prisoners in Multiple States (p 40)
  31. #MeToo Movement, Misconduct Claims Impact Federal and State Judges (p 42)
  32. Litigation Surrounding Radon Exposure at Connecticut Prison Moves Forward (p 45)
  33. San Diego County Targets Reporter Who Exposed Sky-High Jail Death Rate (p 46)
  34. Mississippi: Former Jailer Acquitted of Criminal Charges in Prisoner’s Death (p 46)
  35. Prisoner Can Face Discipline Yet Still Sue Guard for Excessive Force Under Heck (p 47)
  36. Over-Incarceration a Worldwide Problem, Report Finds (p 48)
  37. BOP’s Violation of Alcohol Policy Ends in Expungement, Reversal of Disciplinary Sanctions (p 48)
  38. Pennsylvania: Allegheny County Jail Settles Sexual Assault Claim for $32,000 (p 50)
  39. Dog-Sniff Search Policy Allowed Under Massachusetts Law, but APA Procedures Required (p 50)
  40. Oklahoma County Pays $150,000 to Settle Suit Over Jail Suicide (p 51)
  41. Defense Investigator Jailed for Initially Refusing to Testify in Death Penalty Case (p 52)
  42. Louisiana Sex Offender Restrictions, Harsh Laws Prolong Prison Sentences (p 52)
  43. Class-Action Status Granted in Civil Rights Suit Over Disenfranchised Indiana Jail Prisoners (p 53)
  44. New York’s Prison-to-Shelter Pipeline is Poor Option for Parolees (p 54)
  45. Deductions from Pennsylvania Prisoner’s Trust Account Require Notice (p 55)
  46. Female Texas Prison Guards Allege Sexual Harassment, Abuse, Discrimination (p 56)
  47. Surprise Shutdown of Maine Prison Leads to Controversy, Court Order (p 57)
  48. Polls Show People Favor Rehabilitation over Incarceration (p 58)
  49. Maryland Adopts Prison Mailbox Rule for Post-Conviction Petitions (p 59)
  50. Ohio Jail Detainee Receives $500,000 Settlement for Assault by Guard (p 59)
  51. New Mexico Prisoners Suffer and Die Under Privatized Health Care (p 60)
  52. $7,500 Settlement in Pennsylvania Prisoner’s Suicide (p 62)
  53. News in Brief (p 62)

On the Inside: The Chaos of Arizona Prison Health Care

by Jimmy Jenkins, KJZZ.org

The Arizona Department of Corrections contracts with privately owned correctional health care company Corizon Health to oversee all medical, mental and dental care at 10 state prisons. However, that care has come under scrutiny in federal court.

In 2015, prisoners settled a lawsuit with Arizona over ...

From the Editor

by Paul Wright

For the past 28 years, Prison Legal News has reported on prison and jail medical care that ranges from abysmal to the barbaric. With the possible exception of California, whose prison system’s health care is under federal receivership, medical and mental health treatment for prisoners throughout the ...

Arkansas: $21,000 Settlement in Jail Release Debit Card Class-Action Suit

by Derek Gilna

A federal class-action complaint filed against the Benton County, Arkansas Sheriff’s Office and Keefe Commissary company, over the practice of issuing fee-laden debit cards to prisoners containing their release funds, has settled for just over $21,000 plus attorney fees and incentive awards.

Arrestees processed into the jail ...

Justice Sotomayor Slams Solitary Confinement, but Supreme Court Declines to Accept Colorado Solitary Case

by Derek Gilna

The U.S. Supreme Court receives thousands of petitions for writ of certiorari from federal appellate rulings each term and denies the vast majority of those applications, generally with a one-sentence rejection.

However, the Court’s October 9, 2018 order denying the petitions of Colorado state prisoners Jonathan Apodaca, ...

Podcast Produced by Wisconsin Prisoner Tackles Criminal Justice Topics

by Steve Horn

A Wisconsin state prisoner is leading the way in getting a new podcast out to the public that covers issues faced by people behind bars. Podcasts are radio-style audio series that can be downloaded and played on computers or smartphones.

Dant’e Cottingham, held at the Jackson Correctional ...

Public Outcry Forces Florida DOC to Back Down on Limits to In-Person Visitation

by David M. Reutter

Following an onslaught of pressure from the public and action by the Florida legislature’s Joint Administrative Procedures Committee (JAPC), the Florida Department of Corrections (FDOC) was forced to withdraw a rule proposal to reduce in-person visitation time by half.

At an initial April 3, 2018 public ...

Washington: Jail Detainee Obtains $1 Million Settlement for Spinal Injury

by Steve Horn

Bryan Telford, who was held as a pretrial detainee at the King County Correctional Facility in Seattle, Washington in September 2016, recently obtained a $1 million settlement in a lawsuit filed against the county.

Telford suffers from frequent fainting – known as syncope – and suffered a ...

Death Sentences and Executions Ebbing in the “Capital of Capital Punishment”

by Ed Lyon

Harris County, Texas is known for many things. The county seat is Houston, the fourth-largest city in the United States and the largest in Texas. It has its own shipping channel and a modern port for ocean-going vessels. It is also known as “the death penalty capital ...

Denver Pays $100,000 to Settle DOJ Suit Over Failure to Accommodate Diabetic Deputy

by Matt Clarke

On May 15, 2018, the City and County of Denver, Colorado agreed to pay $100,000 to an unidentified deputy sheriff who was fired from his position at the Denver County jail after the Sheriff’s Department refused to accommodate his Type 1 diabetes, causing him to twice experience ...

Exonerated Prisoner Invests Portion of $20 Million Settlement to Start Barber School

by Derek Gilna

No one appreciates the challenges of re-entering society like a former prisoner, especially one who was wrongfully convicted.

For exonerated ex-prisoner Juan Rivera of Illinois, his experiences led him to invest some of his multi-million dollar wrongful conviction settlement into training low-income students at a barber’s school ...

HRDC Sues Oklahoma County Jail for Censoring Books

by Steve Horn

The Human Rights Defense Center (HRDC), which publishes Prison Legal News, filed a lawsuit on May 9, 2018 in the U.S. District Court for the Eastern District of Oklahoma against Pontotoc County and Sheriff John Christian, for blocking the distribution of HRDC books sent to prisoners at ...

Federal District Court Holds Ohio Prison Cannot Cut Rastafarian Prisoner’s Hair

by Matt Clarke

On May 14, 2018, Senior U.S. District Court Judge Patricia A. Gaughan ruled the Ohio Department of Rehabilitation and Correction (ODRC) could not enforce a grooming policy that required a Rastafarian prisoner to cut his dreadlocks.

The district court declared the grooming policy, as applied to the ...

Contraband Found in Prisoner’s Rectum Supports Conviction

by David Reutter

In December 2017, a Pennsylvania Superior Court affirmed a conviction for possession of contraband by a state prisoner. The court rejected the prisoner’s claim that the evidence was insufficient to support the conviction, as testimony presented at trial indicated the contraband had been retrieved from the prisoner’s ...

Alaska Supreme Court Reverses Disciplinary Case Where Prisoner Not Allowed to Call Witnesses

by Matt Clarke and David Reutter

On April 27, 2018, the Supreme Court of Alaska held that a prisoner had been improperly denied his right to call witnesses at a prison disciplinary hearing, and his failure to raise that issue during administrative appeals did not waive the issue.

Scott Walker, ...

California Muslim Prisoner Defeats Summary Judgment Order in Mixed Appellate Ruling

by Ed Lyon

Darrell Eugene Harris is a Muslim prisoner confined in California’s prison system. He filed a civil rights suit raising state and federal claims against prison guard S. Escamilla.

Harris alleged that Escamilla removed his Koran from a protective cover, threw it on the ground and then stepped ...

CCS Seeks to Hide Internal Review in Jail Detainee’s Death; $180,000 Settlement

by David Reutter and R. Bailey

Correct Care Solutions, a for-profit company that provides medical services at correctional facilities, contested the release of documents concerning the death of Dino Vann Nixon at the Forsyth County Jail (FCJ) in North Carolina.

Upon being booked into FCJ on drug trafficking charges on ...

Aramark Gets Pennsylvania DOC Food Procurement Contract

In early 2017, Pennsylvania’s Department of Corrections (PDOC) entered into an “innovative” agreement with private food service vendor Aramark. State officials claimed the $154 million contract would save taxpayers an estimated $16.6 million over its three-year term.

The contract is unique in that Aramark will not control staffing, meal service ...

Why Prison Reform is Not Enough to Fix the U.S. Criminal Justice System

by Ed Chung, Center for American Progress

The Trump administration kicked off 2018 by expressing a surprising, newfound interest in reforming the country’s prisons and strengthening opportunities for those incarcerated to successfully re-enter their communities upon completion of their sentences. In mid-January, the White House convened a group of conservative ...

The Secret World of Missouri DOC Internal Death Investigations

by Kevin Bliss

The Missouri Department of Corrections (DOC) has been accused of not being transparent or competent when it comes to conducting investigations into deaths that occur in state prisons. The DOC is responsible for the care and treatment of numerous dangerous and mentally ill prisoners, yet death reviews ...

California Prisoners Seek to Enforce Settlement Provisions in Ashker Litigation

by Kevin Bliss

On March 29, 2018, a federal magistrate judge in California held that prisoners in a class-action lawsuit over long-term solitary confinement, who entered into a settlement agreement with the California Department of Corrections and Rehabilitation (CDCR), had not proven a material breach of the agreement. That decision ...

Ninth Circuit: Prisoner’s Disciplinary Appeal Exhausted Claim of Having to Work on Religious Holiday

by Christopher Zoukis

On May 18, 2018, the U.S. Court of Appeals for the Ninth Circuit reversed a district court’s order dismissing a prisoner’s complaint for failure to exhaust administrative remedies. The Ninth Circuit held the prisoner’s claim, which alleged a violation of his right to religious liberty under the ...

Fighting the Fees that Force Prisoners to Pay for Their Incarceration

by Jean Trounstine, Truthout.org

This past January, prisoners in Florida went on strike to protest what they called modern-day slavery in the state’s prisons. As of March, not only had the Florida Department of Corrections not responded to the demand for paid labor and improved living conditions, it had also ...

Fourth Circuit: Failure to Transfer Mentally Ill Prisoner to Hospital Not Actionable

The Fourth Circuit Court of Appeals has reversed a district court’s denial of qualified immunity to a defendant in a civil rights action related to the August 19, 2015 death of Jamycheal Mitchell at Virginia’s Hampton Roads Regional Jail.

As repeatedly reported in PLN, Mitchell, 24, died due to “wasting ...

Texas Prison Officials Demoted, Fired after Disciplinary Quota System and Planted Contraband Exposed

In April 2018, prisoners at the Texas Department of Criminal Justice’s (TDCJ) Ramsey Unit in Rosharon smuggled out of the facility and into the hands of the Houston Chronicle records that proved the existence of a quota system for disciplinary charges, as well as threats against guards who failed to ...

$7 Million Settlement for Pennsylvania Prisoner’s Suicide at Private Prison

A $7 million settlement was reached in the suicide death of a mentally ill prisoner at the George W. Hill Correctional Facility (GWHCF) in Thornton, Pennsylvania, operated at the time by private prison company Community Education Centers.

When she was in her late twenties, Janene Wallace was diagnosed with mental ...

States Implementing New Technology to Fight Contraband Smuggling Via Drone

by Monte McCoin

Prison Legal News has reported several times on the trend of prison contraband smuggling via remote-controlled aerial drones, both in the U.S. and other countries. [See, e.g.: PLN, May 2018, p.14; Nov. 2017, p.52; Sept. 2016, p.18].

South Carolina Department of Corrections (DOC) Director Bryan Stirling announced ...

Arkansas DOC Says Water is Safe, but Most Tests Not Conducted in Housing Units

by Panagioti Tsolkas

In July 2018, former prisoners and their family members in Arkansas raised concerns about a variety of issues at a hearing with state lawmakers, included concerns about the water quality at several prisons. One ex-prisoner said the water at the East Arkansas Unit was not even “fit ...

Maricopa County, Phoenix Settle Lawsuit Over Mentally Ill Prisoner’s Death for $7.25 Million

by Matt Clarke

In April 2018, just weeks before a trial was scheduled to begin, the City of Phoenix, Arizona agreed to pay $250,000 to settle a lawsuit brought by the family of a mentally ill prisoner who died at the Maricopa County jail after being mocked, beaten and Tasered ...

Magistrate Judge Must Have Jurisdiction Prior to Entering Final Judgment

The Seventh Circuit Court of Appeals allowed an appeal to continue to the briefing stage after concluding that “all parties had consented to proceeding before the magistrate judge by the time he entered a final judgment dismissing the entire action.”

Before the appellate court was an appeal brought by Wisconsin ...

More Legal Cases Involving Transgender Prisoners in Multiple States

by Christopher Zoukis

According to the Bureau of Justice Statistics (BJS), about 34 percent of transgender people held in prisons or jails reported being subjected to at least one incident of sexual violence while incarcerated. That’s eight times the rate for prisoners overall – and a large number of the ...

#MeToo Movement, Misconduct Claims Impact Federal and State Judges

by Ed Lyon

The #MeToo movement seeks to expose incidents of sexual harassment and sexual abuse by men against women. The movement has resulted in accusations against a number of high-profile figures, including actors, businessmen and politicians. Members of the judiciary have not been excluded from claims of sexual misconduct, ...

Litigation Surrounding Radon Exposure at Connecticut Prison Moves Forward

by Panagioti Tsolkas

“We’re talking about levels in some places that are equivalent to smoking 2½ packs of cigarettes a day,” said Lori A. Welch-Rubin, one of the attorneys who filed a class-action lawsuit on behalf of prisoners at the Garner Correctional Institution (GCI) in Newtown, Connecticut. The case centers ...

San Diego County Targets Reporter Who Exposed Sky-High Jail Death Rate

by Dale Chappell

When the widow of a prisoner who committed suicide at a San Diego County jail filed suit claiming staff had been made aware of the jail’s high death rate due to a reporter’s local news reports, the county went after the journalist instead of trying to address ...

Mississippi: Former Jailer Acquitted of Criminal Charges in Prisoner’s Death

by Kevin Bliss

Victor Smith was found not guilty of aggravated assault and conspiracy to commit aggravated assault, stemming from an incident when he was employed as a jailer with the Adams County Sheriff’s Office (ACSO) in Mississippi. He is also being sued by the family of Joseph “Joey” Sturdivant ...

Prisoner Can Face Discipline Yet Still Sue Guard for Excessive Force Under Heck

The Eleventh Circuit Court of Appeals held on April 23, 2018 that the “inconsistent-factual-allegation gloss” on Heck v. Humphrey, 512 U.S. 477 (1994) applies only “where the allegation in the [42 U.S.C.] § 1983 complaint is a specific one that both necessarily implies the earlier decision is invalid and is ...

Over-Incarceration a Worldwide Problem, Report Finds

by Derek Gilna

Earlier this year, London-based Penal Reform International and the Thailand Institute of Justice issued a report on incarceration worldwide that draws heavily on research funded by the United Nations.

The 60-page report not only identifies areas of concern, as well as data that explores international incarceration trends, ...

BOP’s Violation of Alcohol Policy Ends in Expungement, Reversal of Disciplinary Sanctions

by Dale Chappell

The Bureau of Prisons’ (BOP) violation of its own alcohol policy prompted the expungement of disciplinary reports and reversal of sanctions imposed on two prisoners after they challenged their disciplinary convictions in court.

On March 11, 2017, guards at FCI Marianna in Florida conducted mass alcohol testing ...

Pennsylvania: Allegheny County Jail Settles Sexual Assault Claim for $32,000

A settlement of $32,000 was reached with the Allegheny County Jail (ACJ) in Pittsburgh, in a federal lawsuit filed by a former prisoner who was sexually assaulted by guard Joshua Reber. The suit, brought against the county and 16 jail officials by Melissa Behanna, raised a failure to protect claim. ...

Dog-Sniff Search Policy Allowed Under Massachusetts Law, but APA Procedures Required

The Massachusetts Supreme Judicial Court held on April 19, 2018 that the Massachusetts Department of Correction (MDOC) had authority to implement a policy that requires prison visitors to be subject to drug-detecting dogs. However, the Court also found the MDOC had failed to meet the requirements of the Administrative Procedure ...

Oklahoma County Pays $150,000 to Settle Suit Over Jail Suicide

by Derek Gilna

Nathan Daniel Bradshaw, 32, hung himself at the Tulsa County, Oklahoma jail, five days after his arrest on a bench warrant for a larceny charge, and died shortly thereafter in a Tulsa hospital. Last year, county commissioners approved a payout of $150,000 to his family in a ...

Defense Investigator Jailed for Initially Refusing to Testify in Death Penalty Case

by Matt Clarke

Greta Lindercrantz, 67, was jailed for contempt of court by Arapahoe County, Colorado District Judge Michelle Amico on February 26, 2018.

Lindercrantz, a Mennonite defense investigator, had refused to testify in a hearing for Colorado death row prisoner Robert Keith Ray. Lindercrantz was part of Ray’s defense ...

Louisiana Sex Offender Restrictions, Harsh Laws Prolong Prison Sentences

“There is nothing else I have left to complete,” said Antoine Hartley.

The Louisiana prisoner became eligible for release in 2013. But his inability to find post-release housing approved for sex offenders will likely force him to complete his entire sentence through January 2019 – an extra six years that ...

Class-Action Status Granted in Civil Rights Suit Over Disenfranchised Indiana Jail Prisoners

by Matt Clarke

On May 17, 2018, a federal district court certified a class of Allen County, Indiana jail prisoners who were denied their right to vote in the November 2016 general election.

Ian Barnhart was held at the jail on misdemeanor charges from October 31, 2016 until December 15, ...

New York’s Prison-to-Shelter Pipeline is Poor Option for Parolees

by Dale Chappell

Released from prison, many New York parolees – instead of getting back on their feet through re-entry programs – are heading to homeless shelters in New York City. Of approximately 9,300 prisoners paroled from state prisons in 2017, 54 percent (around 5,000) went directly to shelters – ...

Deductions from Pennsylvania Prisoner’s Trust Account Require Notice

On May 4, 2018, the Pennsylvania Supreme Court held a Commonwealth Court should not have sustained a demurrer to a prisoner’s action challenging deductions from his prison account to satisfy criminal restitution orders.

State prisoner Kevin A. Bundy asserted, primarily, that he was constitutionally entitled to pre-deprivation notice and a ...

Female Texas Prison Guards Allege Sexual Harassment, Abuse, Discrimination

by Ed Lyon

During the 10-year period ending in 2017, over 3,500 complaints of sexual harassment and gender bias were filed against the Texas Department of Criminal Justice (TDCJ). The state’s largest agency, TDCJ employs 37,000 people, including more than 22,000 guards – 38 percent of whom are female. Women ...

Surprise Shutdown of Maine Prison Leads to Controversy, Court Order

by Christopher Zoukis

In a sudden move that local residents called a “Gestapo tactic,” Maine Governor Paul LePage ordered the closure of a small prison in rural Washington County. The Downeast Correctional Facility (DCF), with a capacity for up to 148 prisoners, was shuttered at 4:30 a.m. on February 9, ...

Polls Show People Favor Rehabilitation over Incarceration

by Matt Clarke

A recent poll found a majority of Americans – 67 percent overall – believe that building more prisons and jails does not reduce crime. Nearly as many – 62 percent – don’t believe that more prisons would improve the quality of life in their communities, either. The ...

Maryland Adopts Prison Mailbox Rule for Post-Conviction Petitions

On May 9, 2018, the Maryland Court of Appeals adopted a “prison mailbox rule” for post-conviction petitions.

The need for such a rule became evident in the case of prisoner Thoyt Hackney, who gave a post-conviction relief motion to prison officials three days before a statutory ten-year filing deadline. Two ...

Ohio Jail Detainee Receives $500,000 Settlement for Assault by Guard

A prisoner who was slammed headfirst into a wall by a guard at Ohio’s Hamilton County Jail reached a $500,000 settlement in his civil rights action.

The incident occurred after Mark Myers, 61, was arrested on the morning of August 20, 2016 on a misdemeanor theft warrant. He was accused ...

New Mexico Prisoners Suffer and Die Under Privatized Health Care

by Ed Lyon

Since it first contracted out prisoner medical care to a private company in 2004, the New Mexico Corrections Department (DOC) has been named along with its contractors in over 220 lawsuits filed by prisoners or their estates.

In 2007, the DOC switched from Wexford Health Sources, based ...

$7,500 Settlement in Pennsylvania Prisoner’s Suicide

The Pennsylvania Department of Corrections (PDOC) agreed to pay a meager $7,500 to settle a lawsuit that alleged its employees failed to properly treat a teenage prisoner’s mental health issues, resulting in her suicide.

Teasia M. Long was 17 on February 3, 2014 when she ignited rags doused with perfume ...

News in Brief

Alabama: Antwone Wilson broke out of the St. Clair County Correctional Facility on December 4, 2017 along with fellow prisoner Ronald Odell King. The pair separated, and King was quickly captured. While on the lam, Wilson contacted a TV station in his hometown to clarify why he had run. “Basically, ...