Skip navigation

Prison Legal News: August, 2023

Issue PDF
Volume 34, Number 8

In this issue:

  1. Soaring Number of Detainee Deaths Spotlights Ongoing Crisis at Harris County Jail (p 1)
  2. Alabama Guards Still Harming Prisoners, Overcrowding Set to Increase as Governor Slashes “Good Time” (p 10)
  3. Prolonged COVID-19 Visitation Restrictions Net Georgia Jails Over $1.5 Million in Telecom Kickbacks (p 12)
  4. Atlanta Federal Prison Gets Another Reboot (p 12)
  5. Protest Damages Massachusetts Jail that Sheriff Wants to Update (p 13)
  6. Third Circuit Revives Forced-Labor Claims of Jailed Pennsylvania Child Support Debtors (p 14)
  7. Biden Commutes 31 Federal Drug Sentences (p 16)
  8. BOP Closes Deadliest Unit (p 16)
  9. Fourth Circuit Revives Virginia Prisoner’s Challenge to DOC Policy Restricting His Religious Headwear (p 17)
  10. Ohio Governor Reprieves Three Condemned Prisoners (p 19)
  11. Connecticut GOP Lawmakers Force Governor to Replace Pardon Board Chair, Stopping All Commutation Hearings (p 20)
  12. Flooding Causes Evacuation of 1,075 Detainees from California Jail (p 20)
  13. California College Offers Housing, Services to Formally Incarcerated Students (p 22)
  14. SCOTUS Orders Last-Minute Stay of Execution for Oklahoma Death Row Prisoner Richard Glossip (p 23)
  15. Prison Looks Different for Two Celebrity Women (p 24)
  16. Alabama Prisoner’s Family Sues Over Allegedly Botched Execution (p 25)
  17. Vermont Sheriff Locked Out of National Crime Database, Facing Impeachment (p 26)
  18. Arizona Prisoner Released from Death Row (p 27)
  19. Executive Inaction: States and Federal Government Fail to Use Commutations as a Release Mechanism (p 28)
  20. Senators Spank DOJ for Failure to Implement Death-in-Custody Reporting Act (p 33)
  21. Former Prisoner Uses “Look Back” Window to Sue for Sexual Abuse at Shuttered New York Prison (p 34)
  22. Corizon Executes “Texas Two-Step,” Spinning Off Debt Into Bankrupt New Firm to Avoid Paying Creditors and Lawsuit Winners (p 35)
  23. Missouri Legalizes Marijuana and Expunges Criminal Records (p 37)
  24. Third Circuit Reinstates Claim by Federal Prisoner in Pennsylvania that Guards Prevented Daily Muslim Prayers (p 37)
  25. Life Sentence for Alabama Jail Escapee After Suicide of Guard Lover Who Helped Him (p 39)
  26. Cuyahoga County Sheriff Stripped of Jail Commissary Control After $500,000 in Inventory Goes Missing (p 40)
  27. Washington State Initiative to Expand Jail Ballot Access Faces Local Pushback (p 40)
  28. Prison Profiteer Who Chairs Christian Seminary Board Called Not Very ‘Christlike’ (p 41)
  29. Corizon Bankruptcy Stalls Suit By Alleged Rape Victims of Rikers Island Guard (p 42)
  30. Menstruation Weaponized Against Women in Prison (p 43)
  31. DOJ Finds Louisiana ‘Deliberately Indifferent’ to Prisoners Incarcerated Long Past Their Release Dates (p 44)
  32. Seventh Circuit: Cook County Jail Grievance Procedure An “Incomprehensible Trap” (p 46)
  33. Prisoner Health Update: HIV (p 48)
  34. Ninth Circuit Affirms Expanded Relief for Disabled California Prisoners in Long-Running Class Action (p 50)
  35. Idaho Revives Firing Squads (p 51)
  36. $82 Million For Detainee Death in Oklahoma Jail is “Largest Civil Rights Death Claim in U.S. History” (p 51)
  37. SCOTUS Overrules Arizona Supreme Court, Allows Death Row Prisoner to Proceed With State Habeas Action (p 53)
  38. $30,000 Paid by Michigan to Prisoner Wrongfully Classified as Sex Offender (p 54)
  39. Fifth Circuit Kills Suit by Louisiana Prisoners Whose Release Dates Were Incorrectly Calculated (p 55)
  40. New Report Pats BOP on the Back for Addressing Problems With Restrictive Housing, PREA (p 56)
  41. Former Illinois Guards Sentenced for Prisoner’s Fatal Beating (p 56)
  42. Fourth Circuit: Federal Prisoner in North Carolina Making Rehabilitation Act Claim Must Exhaust Both BOP Grievance Process and Justice Department’s EEO Complaint Process (p 57)
  43. Missouri Prisoner Illegally Condemned by Illiterate Juror Executed Anyway (p 58)
  44. Ohio Supreme Court Grants State Prisoner Another $1,000 for Denied Records (p 59)
  45. Four Month Prison Term for BOP Compliance Monitor in Miami Who Sexually Abused Prisoner on His Case Load (p 59)
  46. Wellpath Sanctioned for Discovery Violations After Stonewalling in Prisoner Lawsuits (p 60)
  47. Second Circuit Affirms Denial of Qualified Immunity to N.Y. Prison Official Who Imposed Post-Release Supervision on Prisoner – But Reverses Damages Award (p 62)
  48. News in Brief (p 63)

Soaring Number of Detainee Deaths Spotlights Ongoing Crisis at Harris County Jail

by Douglas Ankney

In 2022, at least 28 detainees died while awaiting trial in the custody of the Harris County Jail (HCJ) – the highest number of deaths at the Texas facility in nearly two decades. Already 11 more have died in HCJ custody from January 1 to July 13, ...

Alabama Guards Still Harming Prisoners, Overcrowding Set to Increase as Governor Slashes “Good Time”

by Jo Ellen Nott and Chuck Sharman

Long notorious for harsh prison conditions, Alabama’s Department of Corrections (DOC) shows no signs of remediating them despite not one but two suits by the federal Department of Justice (DOJ) for violating the Eighth and Fourteenth Amendment rights of state prisoners.

In the ...

Prolonged COVID-19 Visitation Restrictions Net Georgia Jails Over $1.5 Million in Telecom Kickbacks

by Jordan Arizmendi

According to a report by the Georgia Current on April 14, 2023, jails in several of the state’s coastal counties were still profiting by extending COVID-19 visitation bans, forcing detainees and their loved ones to use more expensive phone calls or video calls to stay in touch. ...

Atlanta Federal Prison Gets Another Reboot

by Chuck Sharman

Thirty years since its last reboot, the troubled U.S. Penitentiary in Atlanta has gotten another one, after violence and corruption led the federal Bureau of Prisons (BOP) to transfer most prisoners elsewhere in late 2021. [See: PLN, Jan. 2022, p.22.]

The lockup is still designated a ...

Protest Damages Massachusetts Jail that Sheriff Wants to Update

by Jo Ellen Nott

On April 21, 2023, about 75-80 detainees staged a protest against their move inside Massachusetts’ Bristol County House of Correction. The move was to allow renovations to make their cells suicide resistant. Among their grievances was the high cost of items in the jail commissary, the ...

Third Circuit Revives Forced-Labor Claims of Jailed Pennsylvania Child Support Debtors

by Matt Clarke

On February 8, 2023, the U.S. Court of Appeals for the Third Circuit reinstated claims by Pennsylvania child support debtors jailed for civil contempt, who argued they were unfairly forced to perform unsafe and nearly uncompensated labor at a privately-operated, county-owned recycling center.

William Burrell, Jr. was ...

Biden Commutes 31 Federal Drug Sentences

by Jordan Arizmendi

On April 29, 2023, Pres. Joseph R. Biden, Jr. (D) reduced the federal prison sentences of 31 people, each serving time on home confinement for nonviolent drug-related convictions. The commutation of sentences was one component of a strategy to help people transition from incarceration to employment, the ...

BOP Closes Deadliest Unit

by Chuck Sharman

On February 14, 2023, the federal Bureau of Prisons (BOP) announced it was closing Special Management Unit (SMU) at the U.S. Penitentiary (USP) in Thomson, Illinois, where seven deaths have been recorded since it opened in 2019, the highest death toll in any BOP facility.

Some 350 ...

Fourth Circuit Revives Virginia Prisoner’s Challenge to DOC Policy Restricting His Religious Headwear

 

by Douglas Ankney

On November 7, 2022, the U.S. Court of Appeals for the Fourth Circuit ruled that a district court erred in finding that Virginia prisoner David A. Richardson failed to present evidence that a policy of the state Department of Corrections (DOC) substantially burdened the exercise of ...

Ohio Governor Reprieves Three Condemned Prisoners

by Chuck Sharman

Ohio prisoners James O’Neal, Jerome Henderson and Melvin Bonnell were all scheduled to die by lethal injection between August and October 2023. However, on April 14, 2023, Gov. Mike Dewine (R) delayed each execution over two years.

DeWine was the state Attorney General when big pharmaceutical firm ...

Connecticut GOP Lawmakers Force Governor to Replace Pardon Board Chair, Stopping All Commutation Hearings

by Jordan Arizmendi

A spate of Connecticut commutations in 2022 didn’t come close to resolving the backlog in applications, only one of which had been granted in two years. But it piqued the ire of reactionary GOP lawmakers, like state Sen. John Kissel, who loudly called on Gov. Ned Lamont ...

Flooding Causes Evacuation of 1,075 Detainees from California Jail

by Jordan Arizmendi

On New Year’s Day January 2023, as storms swelled California’s Cosumnes River near Sacramento, officials at the county’s Rio Cosumnes Correctional Center (RCCC) evacuated all 1,075 detainees, as well as all staff, to other nearby lockups.

The Sacramento County Sherriff’s Office said that an emergency operation center ...

California College Offers Housing, Services to Formally Incarcerated Students

by Keith Sanders

For decades, prisoners were not eligible for federal financial aid for college education. So when Congress passed the Second Chance Act in 2020, rescinding ineligibility for felons and prisoners to access federal Pell Grant funding for college, advocates, educators and those in prison who might benefit all ...

SCOTUS Orders Last-Minute Stay of Execution for Oklahoma Death Row Prisoner Richard Glossip

In a surprising turn of events, the Supreme Court of the U.S. (SCOTUS) granted a stay of execution to condemned Oklahoma prisoner Richard Glossip on May 5, 2023. The decision marks the ninth time Glossip, 60, has come close to facing the death penalty for the 1997 murder of Barry ...

Prison Looks Different for Two Celebrity Women

by Jordan Arizmendi

On May 30, 2023, over a year after her felony conviction for fraud and conspiracy, Elizabeth Holmes, 39, founder of bogus and bankrupt blood-test maker Theranos, arrived at her home for the next 11 years: the Federal Prison Camp (FPC) in Bryan, Texas.

Photographs showed Holmes entered ...

Alabama Prisoner’s Family Sues Over Allegedly Botched Execution

by Chuck Sharman

On May 3, 2023, the family of Joe Nathan James Jr., an Alabama prisoner executed in July 2022, sued Gov. Kay Ivey (R) and other state officials, claiming he suffered excessive pain and was unconscious too long before his death, thwarting his intent to apologize to his ...

Vermont Sheriff Locked Out of National Crime Database, Facing Impeachment

by Chuck Sharman

Troubles mounted for Sheriff John Grismore of Vermont’s Franklin County on May 11, 2023, when state lawmakers took a significant step toward his impeachment. The same day, Grismore lost access to the National Crime Information Center (NCIC), a crucial criminal records database used in policing.

Because his ...

Arizona Prisoner Released from Death Row

by Chuck Sharman

After 29 years in prison, condemned Arizona prisoner Barry Lee Jones was freed on June 15, 2023. Callous state prison officials dropped him on a street in Phoenix. Undeterred, Jones walked in the heat to the only address he recalled: the office of Arizona Public Defenders (AFD). ...

Executive Inaction: States and Federal Government Fail to Use Commutations as a Release Mechanism

By Naila Awan and Katie Rose Quandt  

On April 26, 2022, President Joe Biden used his executive powers to commute the federal sentences of 75 people — a first step toward addressing his campaign promise to release some individuals “facing unduly long sentences.” While this action is promising and will ...

Senators Spank DOJ for Failure to Implement Death-in-Custody Reporting Act

On September 20, 2022, the U.S. Senate’s Permanent Subcommittee on Investigations, chaired by Sen. Jon Ossoff, issued a scathing report that slammed the U.S. Department of Justice (DOJ) for failing to effectively implement the Death in Custody Reporting Act, Pub.L. No. 113-242.

First passed in 2000 and reauthorized in 2014, ...

Former Prisoner Uses “Look Back” Window to Sue for Sexual Abuse at Shuttered New York Prison

by David M. Reutter

“For decades, women incarcerated in New York state prisons have been raped, assaulted, sexually abused, harassed, and verbally degraded” by male guards, as officials “turned a blind eye to the sexual misconduct.” That explosive allegation was made in a lawsuit filed on November 29, 2022, seeking ...

Corizon Executes “Texas Two-Step,” Spinning Off Debt Into Bankrupt New Firm to Avoid Paying Creditors and Lawsuit Winners

by Matt Clarke

Corizon Heath, Inc. has engaged in legal maneuvers over the course of the past year that are intended to limit how much it must pay on over $38 million in debt to companies that supplied it with staffing, medical supplies and real estate, as well as plaintiffs ...

Missouri Legalizes Marijuana and Expunges Criminal Records

by David M. Reutter

By June 8, 2023, misdemeanor criminal records of those previously convicted in Missouri of a nonviolent marijuana-related offense were scheduled to be expunged. Felony expungement is set to follow by December 8, 2023. Though some counties have dragged their feet, the process is underway to implement ...

Third Circuit Reinstates Claim by Federal Prisoner in Pennsylvania that Guards Prevented Daily Muslim Prayers

by Matt Clarke

On March 21, 2023, the U.S. Court of Appeals for the Third Circuit reinstated a former federal prisoner’s lawsuit under the Religious Freedom Restoration Act (RFRA), 42 U.S.C. §§ 2000bb et seq., alleging religiously motivated harassment by guards with the federal Bureau of Prisons (BOP) caused him ...

Life Sentence for Alabama Jail Escapee After Suicide of Guard Lover Who Helped Him

by Chuck Sharman

On June 8, 2023, a judge in Alabama’s Lauderdale County handed a life sentence without parole to a state prisoner for escaping the county lockup with his jail-guard lover, who then committed suicide as pursuing police closed in. Casey White, 39, pleaded guilty to felony escape in ...

Cuyahoga County Sheriff Stripped of Jail Commissary Control After $500,000 in Inventory Goes Missing

by David M. Reutter

Ohio’s Cuyahoga County Council took control of the county jail commissary on March 28, 2023, after a watchdog found over $500,000 worth of items were missing. The investigation also found that monies from the canteen fund were misappropriated by the Sheriff’s Office, which has been operating ...

Washington State Initiative to Expand Jail Ballot Access Faces Local Pushback

by David M. Reutter

As of January 23, 2023, only $250,000 had been tapped of a $2.5 million allocation made by the Washington legislature in 2022 for grants to counties to ease ballot access for those in jail.

Many people in jail are eligible to vote because they are being ...

Prison Profiteer Who Chairs Christian Seminary Board Called Not Very ‘Christlike’

by Kevin W. Bliss

Members of Princeton Theological Seminarians for Peace and Justice (SPJ) sent a letter on March 14, 2023, calling for resignation of seminary Board of Trustees Chairman Michael Fisch. After learning Fisch’s hedge fund, American Securities, owns prison telecom giant ViaPath, the group complained that the way ...

Corizon Bankruptcy Stalls Suit By Alleged Rape Victims of Rikers Island Guard

by Chuck Sharman

A group of women who claimed they were raped by a physician’s assistant at New York City’s Rikers Island jail complex has now been screwed two more times. First, prosecutors apparently bungled the criminal case against their alleged assailant. Then a lawsuit the group filed was stayed ...

Menstruation Weaponized Against Women in Prison

by Kevin W. Bliss

Writers Victoria Law and Rachel Kauder Nalebuff penned a Time magazine article on March 29, 2023, collecting accounts from female prisoners about difficulties dealing with menstruation while in prison. They found the current criminal justice system has weaponized menstruation, using it as a means to punish ...

DOJ Finds Louisiana ‘Deliberately Indifferent’ to Prisoners Incarcerated Long Past Their Release Dates

by Matt Clarke

On January 25, 2023, the U.S. Department of Justice (DOJ) released a report finding the Louisiana Department of Public Safety and Corrections (DPSC) was deliberately indifferent to the due-process rights of state prisoners who were held long past their release dates. DOJ also found that DPSC has ...

Seventh Circuit: Cook County Jail Grievance Procedure An “Incomprehensible Trap”

by Douglas Ankney

On March 16, 2023, the U.S. Court of Appeals for the Seventh Circuit ruled that the grievance procedure in Chicago’s Cook County Jail is an “incomprehensible trap,” making it effectively unavailable to a detainee and so excusing his failure to exhaust administrative remedies as required by the ...

Prisoner Health Update: HIV

by Eike Blohm, MD

Human immunodeficiency virus (HIV) is highly overrepresented among U.S. prisoners, along with other infectious illnesses such as MRSA, Hepatitis-C and tuberculosis. [See: PLN, Jan. 2023, p.38; Feb. 2023, p.52; and June 2023, p.41.]

The high prevalence of HIV among prisoners is due to the selective ...

Ninth Circuit Affirms Expanded Relief for Disabled California Prisoners in Long-Running Class Action

by David M. Reutter

On February 2, 2023, the U.S. Court of Appeals for the Ninth Circuit affirmed, in large part, an order that found ongoing violations of the rights of disabled prisoners at California’s R.J. Donovan Correctional Facility (RJD) and five additional state prisons, all resulting from the failure ...

Idaho Revives Firing Squads

by Kevin W. Bliss

On March 24, 2023, Idaho Gov. Brad Little (R) signed HB 186, making his the fifth state to adopt a firing squad as a means of execution. Taking effect July 1, 2023, the law allows the state Department of Corrections (DOC) to use a firing squad ...

$82 Million For Detainee Death in Oklahoma Jail is “Largest Civil Rights Death Claim in U.S. History”

by Matt Clarke

On February 24, 2023, an Oklahoma federal jury awarded $14 million in compensatory damages and $68 million in punitive damages to the estate of a woman who died of a heart attack in the Tulsa County Jail, despite repeatedly requesting medical care to no avail.

Gwendolyn Young, ...

SCOTUS Overrules Arizona Supreme Court, Allows Death Row Prisoner to Proceed With State Habeas Action

by Matt Clarke

On February 22, 2023, the Supreme Court of the United States (SCOTUS) held that its decision in Lynch v. Arizona, 578 U.S. 613 (2016), was a “significant change” in the law as that term is used in Arizona Rule of Criminal Procedure 32.1(g). The decision cleared ...

$30,000 Paid by Michigan to Prisoner Wrongfully Classified as Sex Offender

by David M. Reutter

On March 6, 2023, a Michigan prisoner dismissed his complaint against officials with the state Department of Corrections (DOC) after agreeing to accept $30,000 to settle claims that he suffered the “stigmatizing consequences” of being falsely classified as a sex offender.

In January 2018, Willie E. ...

Fifth Circuit Kills Suit by Louisiana Prisoners Whose Release Dates Were Incorrectly Calculated

by David M. Reutter

On February 14, 2023, the U.S. Court of Appeals for the Fifth Circuit reversed a lower court’s denial of qualified immunity (QI) to James LeBlanc, Secretary of the Louisiana Department of Public Safety and Corrections (DPSC), in a lawsuit alleging he was liable for detaining prisoners ...

New Report Pats BOP on the Back for Addressing Problems With Restrictive Housing, PREA

by Keith Sanders

In February 2023, the federal Department of Justice (DOJ) published a surprisingly positive assessment of restrictive housing and sex abuse in the federal Bureau of Prisons (BOP) – the same month that BOP announced it was closing its deadliest lockup, the Special Management Unit (SMU) at the ...

Former Illinois Guards Sentenced for Prisoner’s Fatal Beating

by Benjamin Tschirhart

On March 16, 2023, Judge Sue Myerscough of the federal court for the Central District of Illinois sentenced former state prison guards Alex Banta, 31, and Todd Sheffler, 54, to 20 years in prison for the fatal beating of a handcuffed and helpless prisoner, Larry Earvin, at ...

Fourth Circuit: Federal Prisoner in North Carolina Making Rehabilitation Act Claim Must Exhaust Both BOP Grievance Process and Justice Department’s EEO Complaint Process

by David M. Reutter

On March 29, 2023, the U.S. Court of Appeals for the Fourth Circuit raised the high bar a prisoner must clear in civil rights litigation just a little bit higher. It held that a federal prisoner must exhaust both internal and external remedies before pursuing a ...

Missouri Prisoner Illegally Condemned by Illiterate Juror Executed Anyway

by Chuck Sharman

Depending on who’s telling the story, Missouri prisoner Michael Tisius, 42, got either what he deserved or the last in a long line of bad breaks when he was executed on June 6, 2023, hours after the Supreme Court of the U.S. (SCOTUS) refused to hear his ...

Ohio Supreme Court Grants State Prisoner Another $1,000 for Denied Records

by Keith Sanders 

On March 15, 2023, the Ohio Supreme Court partially granted a writ of mandamus brought by a state prisoner, ordering Hamilton County Clerk of Courts Pavan Parikh to produce copies of court documents related to a 2001 case. The Court also awarded $1,000 in statutory damages to ...

Four Month Prison Term for BOP Compliance Monitor in Miami Who Sexually Abused Prisoner on His Case Load

by Jo Ellen Nott

On April 14, 2023, U.S. District Judge Robert N. Scola sentenced a federal Bureau of Prisons (BOP) site supervisor in Miami to four months in prison followed by a year of supervised release, after accepting his guilty plea to one count of abusive sexual contact against ...

Wellpath Sanctioned for Discovery Violations After Stonewalling in Prisoner Lawsuits

by Douglas Ankney

A review of court records by PLN has found repeated sanctions for discovery violations against private prison healthcare provider Wellpath in suits across the country blaming the firm’s dismal care for prisoner deaths – including four since 2020.

Washington – Benton County Jail

First, the firm was ...

Second Circuit Affirms Denial of Qualified Immunity to N.Y. Prison Official Who Imposed Post-Release Supervision on Prisoner – But Reverses Damages Award

by David M. Reutter

On March 23, 2023, the U.S. Court of Appeals for the Second Circuit held it was not error to deny qualified immunity (QI) to a New York prison official who “affirmatively decided” not to heed a federal court decision that it was unconstitutional to administratively impose ...

News in Brief

Alabama: A state Department of Corrections (DOC) guard was arrested on June 10, 2023, for allegedly smuggling drugs, including meth, to a prisoner at Kilby Correctional Facility, 1819 News reported. Charlie Townsend, 28, resigned from his position upon his arrest by the Law Enforcement Services Division. He was booked and ...