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Prison Legal News: July, 2023

Issue PDF
Volume 34, Number 7

In this issue:

  1. Despite #MeToo, Celebrity Justice Remains Massively Unjust (p 1)
  2. Georgia Prison Smuggling Ring Busted, Warden and Former Guard Arrested (p 11)
  3. From the Editor (p 12)
  4. Pennsylvania Jail Hit With Over $1.5 Million in Overages for Guards, Healthcare (p 12)
  5. $50,000 Settlement to Texas Prisoner for Feces-Covered Cell (p 13)
  6. New Jail Healthcare Provider Coming to Albuquerque – Again (p 14)
  7. Third Connecticut Prison Lockdown in Five Months (p 15)
  8. Guantanamo Prison Down to 30 Detainees (p 16)
  9. Fifth BOP Staff Conviction and Sixth Arrest in California Prison ‘Rape Club’ (p 17)
  10. Tennessee DOC Coughs Up Video of Condemned Prisoner Who Severed Own Penis (p 18)
  11. California LGBTQ Pardon Initiative Falls Short (p 20)
  12. Florida Returning Canteen Funds for Prisoner Programming (p 21)
  13. Fifth Detainee Dies in 2023 at California’s Santa Rita Jail (p 22)
  14. Ohio Makes Sweeping Changes to Criminal Justice (p 23)
  15. New York City Stops Reporting Rikers Island Deaths Amid Rampant Guard Misconduct (p 24)
  16. New York Prisoner Is Released After Conviction Is Vacated, Reinstated and Vacated Once More (p 28)
  17. Seventh Circuit: Attorney’s Submission of Illinois Prisoner’s Grievance Exhausts Administrative Remedies (p 28)
  18. $142,500 Settlement After Pennsylvania Jail Guard Allegedly Knocked Out Detainee and Broke Her Jaw (p 29)
  19. L.A. County Watchdog Takes Aim at “Deputy Gangs” (p 30)
  20. Seventh Circuit Revives Illinois Prisoner’s Claim Over Prison Work Injury (p 31)
  21. Newly Released Government Records Reveal Horrible Neglect of Terminally Ill Woman in Federal Prison (p 32)
  22. Prisoner Who Reached $11,400 Retaliation Settlement with South Dakota Jail Tries Again with DOC (p 33)
  23. Seventh Circuit: Low IQ and Segregation Placement May Render Administrative Remedies Unavailable to Indiana Prisoner (p 34)
  24. More Success for Medication-Assisted Treatment Programs in Prisons and Jails (p 35)
  25. Fourth Circuit Affirms Dismissal of North Carolina Prisoner’s ADA Claim for Failure to Show Deliberate Indifference (p 36)
  26. California Appeals Court Affirms Rate Caps and Fee Limitations for Prison Telecoms (p 39)
  27. $120,000 Settlement Reached With Long Island Detainee Assaulted by Jail Guards (p 42)
  28. $500,000 Settlement for Texas Man Wrongly Imprisoned for Child Sex Abuse (p 43)
  29. New York Bail Reform Laws Reduced Recidivism, Contrary to Critics’ Claims (p 44)
  30. $150,000 Verdict for South Carolina Jail Detainee’s Groin Injury During Pat-Down (p 45)
  31. Texas Prisons are Fire Traps (p 46)
  32. Over $7,600 Awarded to Tennessee Prisoner for Retaliatory Cell Search and Transfer (p 47)
  33. Tenth Circuit: Colorado Prisoner’s Injury Requiring Medical Treatment Not De Minimus (p 50)
  34. FCC Granted Broader Authority to Regulate Prisoner Call Costs (p 50)
  35. California Prisoners Embracing Arts (p 51)
  36. $15,001 Verdict Against Delaware Guard for Gaping Prisoner’s Butt During Strip Search (p 52)
  37. Almost 800 Deaths in South Carolina Jails and Prisons Six Years (p 53)
  38. Fourth Circuit Revives Virginia Prisoner’s Challenge to Discipline for Allegedly Sexually Harassing Guard (p 54)
  39. Georgia Prisoner Allowed to Proceed on Section 1983 Claim Seeking Execution by Firing Squad (p 56)
  40. States Take Legislative Action to Address Family Separation by Incarceration (p 57)
  41. Iowa DOC Changes Policy After Ombudsman Calls Out Unfair Prisoner Discipline (p 57)
  42. Biden Granting More Pardons Than Trump, Fewer Than Obama (p 58)
  43. Bad Lawyering, Bankruptcy Torpedo Suit Over Delaware Prisoner’s Death (p 59)
  44. California Appellate Court: Time Spent in Mental Hospital to Restore Competency is Time Served (p 60)
  45. FCC Requires Prison Telecoms to Provide Services for Deaf Prisoners (p 60)
  46. $1.325 Million Settlement after Virginia Detainee’s Opiate Withdrawal Ignored in Jail (p 61)
  47. Nebraska Parole Board Members Showing Up to Work More Often (p 62)
  48. The World’s Biggest Prison (p 62)
  49. News in Brief (p 63)

Despite #MeToo, Celebrity Justice Remains Massively Unjust

by Matthew Clarke

We all know celebrities accused ofcrimes, including actors, musicians, sports figures, business leaders, politicians and journalists. If they’re prosecuted at all, the punishment is rarely harsh. The rich and famous simply aren’t treated like everyone else.

However, the rise of the #metoo movement has undermined celebrity privilege ...

Georgia Prison Smuggling Ring Busted, Warden and Former Guard Arrested

by Chuck Sharman

After Georgia prisoner Nathan Weekes and three others were indicted for murder in April 2022, a smuggling ring they operated at Smith State Prison was busted. That has now led to the arrest of the prison’s warden, Brian Dennis Adams, 48, on February 8, 2023.

The state ...

From the Editor

by Paul Wright

The most striking thing about the American criminal justice system is its class-based nature. With one system of non-policing, lackluster prosecutions, lenient sentences and minimal consequences for the wealthy and another system of militarized policing, scorched earth prosecutions, draconian sentences and punishment that never ends for the ...

Pennsylvania Jail Hit With Over $1.5 Million in Overages for Guards, Healthcare

by Kevin W. Bliss

On April 24, 2023, the board of Pennsylvania’s Westmoreland County Prison unanimously recommended requiring extended shifts for five sergeants who supervise guards at the jail. That’s because after county lawmakers ended the hiring of part-time prison guards in 2021, mandated overtime for full-time guards cost more ...

$50,000 Settlement to Texas Prisoner for Feces-Covered Cell

On July 8, 2022, a Texas prisoner’s decade-long legal battle over grossly unsanitary conditions in his cell finally came to an end, when he stipulated to dismissal of his lawsuit against the state Department of Criminal Justice (TDCJ) after accepting a $50,000 settlement.

For six days in September 2013, guards ...

New Jail Healthcare Provider Coming to Albuquerque – Again

by Kevin W. Bliss

New Mexico’s Bernalillo County is terminating the contract with its jail’s private healthcare contractor effective July 25, 2023. County Manager Julie Morgas Baca sent word to YesCare – the corporate descendant of Corizon Health – on January 26, 2023, pulling the plug two years early on ...

Third Connecticut Prison Lockdown in Five Months

by Kevin W. Bliss

When an apparently intoxicated prisoner allegedly assaulted a guard at Connecticut’s largest prison on June 13, 2023, the lockup was put on lockdown. It was at least the third time this year that a state Department of Correction (DOC) prison was shutdown.

The first incident also ...

Guantanamo Prison Down to 30 Detainees

by Jordan Arizmendi

My name is Majid Khan, and I am a real person. I am a human being. I am a Muslim man, and I first want to thank God for freeing me.”

With that, the 43-year-old Pakistani was transferred to Belize from the U.S. Military Prison ...

Fifth BOP Staff Conviction and Sixth Arrest in California Prison ‘Rape Club’

by Jo Ellen Nott

Sexually abusive guards and their former warden are falling like dominoes as prisoners brave retaliation to report sexual abuse at the Federal Correction Institute (FCI) in Dublin, the federal Bureau of Prisons (BOP) lockup in California now known as the “Rape Club.”

Six staffers have been ...

Tennessee DOC Coughs Up Video of Condemned Prisoner Who Severed Own Penis

by Eike Blohm, MD

After a month of foot-dragging, the Tennessee Department of Corrections (DOC) complied with a court order on February 24, 2023, releasing surveillance video of a death-row prisoner who cut off his own penis and was then left strapped to a foam mattress in his cell.

Henry ...

California LGBTQ Pardon Initiative Falls Short

by Chuck Sharman

Three years after Gov. Gavin Newsom (D) unveiled a plan to pardon LGBTQ Californians prosecuted for their sexual orientation, the program has exactly one living beneficiary: Henry Pachnowski, 83, whose 1967 lewd conduct conviction was pardoned in 2022.

“While this initiative may appear to rectify historical wrongs, ...

Florida Returning Canteen Funds for Prisoner Programming

by Harold Hempstead

Pickleball is one of America’s fastestgrowing sports. Played with a paddle and a large plastic ball on an outdoor court, the game offers the speed of ping pong with less risk of an ankle injury than tennis, while still a more competitive alternative to badminton for aging ...

Fifth Detainee Dies in 2023 at California’s Santa Rita Jail

by Jo Ellen Nott

A homeless man who lived behind a Kohl’s Department Store in Livermore, California, become the fifth detainee to die this year in Alameda County’s Santa Rita Jail (SRJ). Eric Magana, 26, committed suicide by “consuming a profuse amount of water” in his cell on April 27, ...

Ohio Makes Sweeping Changes to Criminal Justice

On January 3, 2023, Ohio Gov. Mike DeWine (R) signed Senate Bill 288 (SB288), making sweeping reforms from heavier penalties for crimes plaguing the state to increased chance for early release, either through the state Department of Rehabilitation and Correction (DRC) or by petitioning the courts for sentence review.

The ...

New York City Stops Reporting Rikers Island Deaths Amid Rampant Guard Misconduct

by Kevin W. Bliss, Chuck Sharman and Benjamin Tschirhart

On May 31, 2023, Luis Molina, Commissioner of the New York City Department of Correction (DOC), announced his agency would no longer make public reports of in-custody deaths. Why? Molina blamed the federal monitor overseeing a long-running class-action lawsuit to improve ...

New York Prisoner Is Released After Conviction Is Vacated, Reinstated and Vacated Once More

by Chuck Sharman

After a wild legal ride, Norberto Peets was exonerated of attempted murder on May 9, 2023, and he was released from a New York prison after 26 years.

Early on September 29, 1996, two New York City policemen patrolling in Fordham Heights heard gunfire. They traced the ...

Seventh Circuit: Attorney’s Submission of Illinois Prisoner’s Grievance Exhausts Administrative Remedies

by David M. Reutter

The U.S. Court of Appeals for the Seventh Circuit on January 11, 2023, affirmed a district court ruling that when an Illinois prisoner’s attorney submitted his grievances to the appropriate administrative office on time, his administrative remedies were exhausted, as required by the Prison Litigation Reform ...

$142,500 Settlement After Pennsylvania Jail Guard Allegedly Knocked Out Detainee and Broke Her Jaw

by Matthew Clarke

On September 30, 2022, a lawsuit was dismissed against Pennsylvania’s Dauphin County, after a former pretrial detainee at the county lockup reached a $142,500 settlement on claims that a jail guard knocked her unconscious and smashed her jaw while she was handcuffed.

Barbara Barngetuny, then 26, was ...

L.A. County Watchdog Takes Aim at “Deputy Gangs”

by Douglas Ankney

In a letter sent to 35 deputies withtheLos Angeles County Sheriff’s Department (LASD) on May 12, 2023, county Inspector General Max Huntsman demanded they report for questioning about their involvement in deputy “gangs,” including showing their gang tattoos and giving up the names of other gang members. ...

Seventh Circuit Revives Illinois Prisoner’s Claim Over Prison Work Injury

by Matthew Clarke

On December 15, 2022, the U.S. Courtof Appeals for the Seventh Circuit held that a district court erred when it dismissed an Illinois prisoner’s lawsuit for misjoinder of defendants and claims. Finding the claims and defendants were in fact properly joined, the Court reinstated the prisoner’s complaint. ...

Newly Released Government Records Reveal Horrible Neglect of Terminally Ill Woman in Federal Prison

by C.J. Ciaramella

A woman who died in federal prison suffered in pain for eight months while waiting for a routine CT scan, records released to Reason show.

Doris Nelson was one of three inmates identified by a 2020 Reason investigation who have died since 2018 from alleged medical neglect ...

Prisoner Who Reached $11,400 Retaliation Settlement with South Dakota Jail Tries Again with DOC

by Keith Sanders

On March 31, 2023, most of South Dakota prisoner Travis McPeek’s federal civil rights claims were dismissed against officials with the state Department of Corrections (DOC) – and he was barred from collecting damages on those that were not dismissed because he suffered no physical injury, as ...

Seventh Circuit: Low IQ and Segregation Placement May Render Administrative Remedies Unavailable to Indiana Prisoner

by David M. Reutter

On February 3, 2023, the U.S. Court of Appeals for the Seventh Circuit reinstated an Indiana prisoner’s civil rights complaint that had been dismissed because he failed to exhaust administrative remedies, as required by the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e. The Court ...

More Success for Medication-Assisted Treatment Programs in Prisons and Jails

by Keith Sanders

The opioid crisis has reached every segment of American society, from fentanyl-laced candy found in elementary schools to party-goers dying from innocent-looking pills that are really fatal fentanyl cocktails.

Opioid abuse killed over 80,000 people in 2021, pushing U.S. life expectancy to its lowest level in 25 ...

Fourth Circuit Affirms Dismissal of North Carolina Prisoner’s ADA Claim for Failure to Show Deliberate Indifference

by Douglas Ankney

In an instructive case for prisoners making claims under the Americans with Disabilities Act (ADA), 42 U.S.C. ch.126 § 12101, et seq., the U.S. Court of Appeals for the Fourth Circuit held on October 5, 2022, that a North Carolina prisoner failed to create a genuine issue ...

California Appeals Court Affirms Rate Caps and Fee Limitations for Prison Telecoms

by Douglas Ankney

On February 1, 2023, the California Court of Appeal, Second Appellate Division, affirmed the denial by the state Public Utility Commission (PUC) of challenges to rate caps and fee limitations brought by Securus Technologies LLC (Securus) and Network Communications International Corporation (NCIC) over their contracts in the ...

$120,000 Settlement Reached With Long Island Detainee Assaulted by Jail Guards

by Jacob Barret

On April 27, 2023, the Ways and Means Committee of New York’s Suffolk County legislature approved a $120,000 settlement with a former detainee assaulted by guards at the county lockup. In addition to the payout, the case is notable for the length of time it took for ...

$500,000 Settlement for Texas Man Wrongly Imprisoned for Child Sex Abuse

by Benjamin Tschirhart

In 2013, Greg Kelley was a 17-year-old high school football star from Cedar Park, Texas. A good student, he already had a full scholarship to play football for the University of Texas in San Antonio. His coaches believed he might go on to the NFL. Instead, the ...

New York Bail Reform Laws Reduced Recidivism, Contrary to Critics’ Claims

by Chuck Sharman

A study released on March 14, 2023, revealed that New York’s controversial new bail laws have not led to more rearrests of offenders, as some politicians claimed. In fact, according to the study’s authors at the John Jay College Data Collaborative for Justice (DCJ), the opposite is ...

$150,000 Verdict for South Carolina Jail Detainee’s Groin Injury During Pat-Down

by Eike Blohm

After turning down offers to settle for far less, South Carolina’s Aiken County wound up on the losing side of a $150,000 verdict on November 4, 2022, after a state court jury found that a guard at the county lockup crushed a detainee’s scrotum during a rough ...

Texas Prisons are Fire Traps

by Ed Lyon

With almost 122,000 prisoners, Texas has the largest state prison system in the U.S. According to a report on January 9, 2023, it appears to be the most fire prone system, as well.

Fire and safety spending by the state Department of Criminal Justice (TDCJ) rose from ...

Over $7,600 Awarded to Tennessee Prisoner for Retaliatory Cell Search and Transfer

On March 13, 2023, the federal court for the Western District of Tennessee awarded $3,176.67 in costs to a state prisoner in his suit against the warden and three guards at West Tennessee State Penitentiary (WTSP). After a jury earlier found in his favor on his retaliation claim, the Court ...

Tenth Circuit: Colorado Prisoner’s Injury Requiring Medical Treatment Not De Minimus

by David M. Reutter

The U.S. Court of Appeals for the Tenth Circuit, in a mixed ruling issued on January 11, 2023, found a prisoner’s allegations satisfied the physical injury requirement of the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e. The Court found that because the injuries required ...

FCC Granted Broader Authority to Regulate Prisoner Call Costs

by Chuck Sharman

On March 16, 2023, the Federal Communications Commission (FCC) voted to begin rule-making to implement the Martha Wright-Reed Just and Reasonable Communications Act of 2022. Named after a determined woman who tirelessly campaigned to lower her bill to call her imprisoned grandson – which sometimes exceeded $1 ...

California Prisoners Embracing Arts

by Kevin W. Bliss

In November 2022, about 20 prisoners at California Institution for Men (CIM) in Chino staged a dance show.

You read that right.

Smashing what New York Times reporter Brian Selbert called “prison culture codes of masculine behavior,” the men said no one was more surprised than ...

$15,001 Verdict Against Delaware Guard for Gaping Prisoner’s Butt During Strip Search

by Keith Sanders

On February 6, 2023, Judge Paul Wallace in Delaware Superior Court upheld a jury’s $15,001 award for damages against George Pyle, a guard with the state Department of Corrections (DOC), in a suit filed by Richard M. Chamberlain, a prisoner serving time at Howard R. Young Correctional ...

Almost 800 Deaths in South Carolina Jails and Prisons Six Years

A new report published in January 2023 by Madalyn Wasilczur, a professor leading the University of South Carolina (USC) School of Law Incarceration Transparency project, reveals a troubling number of deaths in jails and prisons in the Palmetto State between 2015 and 2021. During that time, 777 deaths occurred in ...

Fourth Circuit Revives Virginia Prisoner’s Challenge to Discipline for Allegedly Sexually Harassing Guard

by David M. Reutter

On February 3, 2023, the U.S. Court of Appeals for the Fourth Circuit reversed a lower court’s grant of summary judgment to Virginia prison officials, in a civil rights complaint by a state prisoner alleging a guard falsely accused him of sexual harassment and supervisors refused ...

Georgia Prisoner Allowed to Proceed on Section 1983 Claim Seeking Execution by Firing Squad

by David M. Reutter

On January 30, 2023, a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit rebuffed Georgia Department of Corrections (DOC) officials who wanted to execute a condemned prisoner by lethal injection. Instead, the Court found that Michael Wade Nance offered a plausible ...

States Take Legislative Action to Address Family Separation by Incarceration

by Jordan Arizmendi

When incarceration begins for a prisoner, a separate punishment also begins for his or her children. On February 27, 2023, Prison Policy Initiative (PPI) published its findings in How 12 States Are Addressing Family Separation by Incarceration – and Why They Can and Should Do More. ...

Iowa DOC Changes Policy After Ombudsman Calls Out Unfair Prisoner Discipline

by Kevin W. Bliss

In its Annual Report on December 15, 2022, the Iowa Ombudsman Office (IOO) called out the state Department of Corrections (DOC) for unfairly addressing abuse of K2 by prisoners and also failing to protect those in protective custody (PC). But Ombudsman Bernardo Granwehr said policy changes ...

Biden Granting More Pardons Than Trump, Fewer Than Obama

by Jordan Arizmendi

A raft of Presidential pardons for federal marijuana-possession convictions ballooned the total number of clemencies extended to current and former prisoners by Pres. Joseph R. Biden, Jr. (D). But even without those pardons, Biden had by April 2023 far out-paced his predecessor, Pres. Donald J. Trump (R) ...

Bad Lawyering, Bankruptcy Torpedo Suit Over Delaware Prisoner’s Death

by Jayson Hawkins

After a long run of bad news,formerDelaware prison health care contractor Connections Community Support Programs (CCSP) caught a break when a federal judge dismissed a lawsuit involving a prisoner’s withdrawal death after a CCSP nurse lied about providing methadone. The U.S. Court of Appeals for the Third ...

California Appellate Court: Time Spent in Mental Hospital to Restore Competency is Time Served

by David M. Reutter

On March 28, 2023, the CaliforniaThird District Court of Appeals ordered a lower court to recalculate a prisoner’s custody credits for time spent in a facility to bring the defendant back to competency. The Court’s ruling follows one almost a year earlier by the state Court ...

FCC Requires Prison Telecoms to Provide Services for Deaf Prisoners

by Jordan Arizmendi

Life in prison is difficult for anyone, but especially for deaf people. Without a video phone or teletypewriter (TTY), a deaf person cannot communicate with loved ones by phone. Under a new rule that takes effect in 2024, the Federal Communications Commission (FCC) will require prison phone ...

$1.325 Million Settlement after Virginia Detainee’s Opiate Withdrawal Ignored in Jail

by David Reutter

On January 31, 2023, the U.S. District Court for the Eastern District of Virginia approved a $1.325 million settlement in a suit brought by the estate of Darryl Terrell Becton against the Arlington County Sheriff’s Office and its private healthcare contractor at the Arlington County Detention Facility ...

Nebraska Parole Board Members Showing Up to Work More Often

by Jordan Arizmendi and Chuck Sharman

Attendance at parole hearings by all five members of the Nebraska Parole Board has improved, after a 43-month stretch from 2018 to 2021 when all five showed up for just 37% of parole hearings. [See: PLN, Nov. 2022, p.53.]

When media reports in ...

The World’s Biggest Prison

by Ed Lyon 

In February 2023, officials in El Salvador began admitting detainees to a new prison that is the largest in the world.

The prison, which has its own utilities, is isolated on 56 acres in the middle of a 410-acre plot of thick forest. The cells are spread ...

News in Brief

Alabama: A guard with the federal Bureau of Prisons (BOP) was indicted on April 27, 2023, on charges he sexually abused two prisoners at the Federal Correctional Institution (FCI) in Aliceville, according to a report by the Birmingham News. Robert D. Smith allegedly had sexual intercourse with prisoners “T.M.” ...