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Prison Legal News: April, 2024

Issue PDF
Volume 35, Number 4

In this issue:

  1. NaphCare: More Proof That Privatized Healthcare Deals Death and Misery to the Incarcerated to Enhance Profits (p 1)
  2. Woman Denied Cardiac Care in Federal Prison in Texas—Despite Personal Assurance of BOP Medical Director (p 9)
  3. From the Editor (p 9)
  4. With Push to Empty North Carolina’s Death Row Comes Another to End Life Without Parole (p 10)
  5. Drunken “Karen” Jail Guard in Michigan Invades Former Home, Demands to Speak to Prosecutor When Cops Arrive (p 10)
  6. Alaska Prisons Report Three Deaths in Three Days (p 11)
  7. Months-­Long Wisconsin Prison Lockdown Prompts Lawsuits (p 11)
  8. Florida County Makes Free Jail Phone Calls Available (p 12)
  9. Colorado Prisoners Disciplined for Not Working Despite Ban on Prison Slavery (p 13)
  10. From Prison Cook to Praised Pizza Chef (p 13)
  11. Louisville Jail Records 15 Detainee Deaths, 16 Employees Fired (p 14)
  12. 428 Georgia Prison Employees Criminally Charged in Five Years (p 15)
  13. California Prisons Locked Down After Massive Riot Hospitalizes Prisoner, Eight Guards (p 15)
  14. One Detainee Dying Every Week in L.A. County Jails (p 16)
  15. Sentencing Project Finds “Important Inroads” Against Mass Incarceration, Racial Inequality Behind Bars (p 17)
  16. Condemned Texas Prisoner Ruled Too Mentally Ill to Execute (p 18)
  17. HRDC Awarded Over $130,000 in Legal Costs and Fees for Defendant’s “Bad Faith” in Maine Records Lawsuit (p 18)
  18. Oregon Prisoner’s Parole Deferral Based on “Dangerous Offender” Statute Reversed (p 19)
  19. Maryland Compensates Exonerated Prisoner Over $340,000 (p 20)
  20. Seventh Circuit Again Rejects Challenge to Three-Book Limit at Cook County Jail by Now-Dead Detainee (p 21)
  21. $33 Million Awarded to Family of Oklahoma Jail Detainee Mocked By Nurse and Guards As He Died Begging for Help (p 22)
  22. $9,000 Settlement in Wisconsin Prisoner’s Heat-­Related Illness Suit (p 23)
  23. Sixth Circuit Refuses Michigan Prisoner’s Excessive Force Claim Despite Guard’s Conviction for Battery (p 24)
  24. Lights, Camera, Action! “Dead Man Walking” Comes to Sing Sing (p 24)
  25. Parole and Probation Accused of Driving Prison Growth (p 26)
  26. Louisiana Supreme Court Springs Prisoner From Death Row (p 27)
  27. $1.75 Million Settlement Reached in Washington Jail Suicide (p 27)
  28. Grand Jury Slams Sacramento County for Delaying Jail Improvements Mandated in Consent Decree (p 28)
  29. Kansas DOC Claims Discrimination Against Wiccans Was “Inadvertent” (p 29)
  30. California Adds Statewide Detention Monitors Overseeing Local Jails (p 29)
  31. Massachusetts High Court Calls Denial of Prisoner’s Medical Parole without Risk Assessment Arbitrary and Capricious (p 31)
  32. Third Circuit Revives Disabled New Jersey Prisoner’s Claim for Deprivation of Walking Cane (p 32)
  33. Nine Employees Arrested at Troubled South Carolina Jail (p 34)
  34. Missouri Moms Jailed After Kids Miss Too Much School (p 35)
  35. Two Kansas Prison Guards Fired, Six Disciplined for Mocking Injured Prisoner and Refusing Her Help (p 35)
  36. Exceptional Punishments (p 36)
  37. N.J. Prison Guard Sacked Over Mock George Floyd Killing (p 37)
  38. Third Circuit Unhappy with Federal Detainee’s Denied Marriage Request at Pennsylvania GEO Group Lockup (p 38)
  39. Russian Opposition Leader Dies in Prison (p 39)
  40. Oklahoma Jail Withholds Death Records, Fails to Report Five Since 2018 (p 40)
  41. $8.5 Million Settlement After Pretrial Detainee Suffocated by Guards and Medical Staff at Virginia Psychiatric Hospital (p 41)
  42. $11.6 Million Settlement Reached in HRDC Debit Release Card Case in Washington; California Victory Remanded (p 42)
  43. Georgia Sheriff Resigns After Groping TV Judge’s Breast (p 43)
  44. North Carolina Court of Appeals Reinstates Parolee’s Parental Rights, Says Parole Conditions Barred Him from Visiting Minor Daughter (p 44)
  45. Finding Indiana Grievance Process “Unavailable,” Federal Judge Grants Summary Judgment to 22 Prisoners on Same Day (p 46)
  46. Alabama Denies Parole to Former Sheriff Convicted of Corruption (p 47)
  47. Massachusetts Prisoners Again Stage Hunger Strike Against Solitary Confinement (p 47)
  48. Eleventh Circuit Calls Georgia Prisoner’s Dismissed Suit Outside PLRA “Strike Zone” (p 48)
  49. $19.3 Million Awarded to Former Illinois Prisoner Repeatedly Sexually Assaulted by Prison Counselor (p 50)
  50. Missouri Expands Prison Mail Ban to Include Books Sent by Family, Friends (p 51)
  51. Federal Prisoners Released Under First Step Act Show 37% Reduction in Recidivism (p 51)
  52. Arizona Supreme Court Reverses Summary Judgment for Corizon Health in State Prisoner’s Death from Untreated Diabetes (p 52)
  53. Washington DOC Outfits Guards with Narcan (p 52)
  54. Class-­Action Lawsuit Challenges Use of Presumptive Drug Tests by Washington DOC (p 54)
  55. Fifth Circuit Finds Louisiana Prisoner’s Solitary Confinement Not Sufficiently “Atypical” to Violate the Constitution (p 55)
  56. Connecticut DOC Held Liable for Failure to Treat Transgender Prisoner’s Gender Dysphoria (p 56)
  57. Eighth Circuit Affirms Qualified Immunity for Missouri Prison Chief in Sexual Abuse Claims Against Former Guard (p 57)
  58. Ninth Circuit Says Federal Prisoner in California May Have Bivens Claim for Delays in Medical Care Allegedly to Cover Up Assault by BOP Guard (p 58)
  59. $2,000 Paid to Former Arkansas Jail Detainees Given Horse Dewormer for COVID-­19 (p 59)
  60. At BOP California “Rape Club” Prison: Historic Ruling, FBI Raid, Warden Removed (p 60)
  61. News in Brief (p 61)

NaphCare: More Proof That Privatized Healthcare Deals Death and Misery to the Incarcerated to Enhance Profits

by David M. Reutter

A settlement approved by the federal court for the Eastern District of California on January 16, 2024, recalls an all-­too familiar jail story. A wheelchair-­bound detainee named Gregory Cantu was denied anti-­seizure medication after arriving at Kings County Jail in Hanford on a probation violation. Despite ...

Woman Denied Cardiac Care in Federal Prison in Texas—Despite Personal Assurance of BOP Medical Director

In September 2023, an elderly prisoner went into cardiac arrest at the Federal Medical Center (FMC) in Carswell, Texas, after the Bureau of Prisons (BOP) Medical Director had assured her sentencing judge that he would personally see to her care yet failed to do so.

“That was my mistake,” Dr. ...

From the Editor

By Paul Wright

Karl Marx wrote that history repeats itself, first as tragedy then as farce. Sadly, the history of prison privatization in America is anything but farcical. Through much of the 19th century many prisons and jails in the US were privately operated or run with the prisoners being ...

With Push to Empty North Carolina’s Death Row Comes Another to End Life Without Parole

Leaving office at the end of 2024, North Carolina Gov. Roy Cooper (D) faces pressure from a coalition of 22 nonprofits to commute the sentences of all 136 prisoners on the state’s death row now. Pressing that plea, more than 200 advocates from the N.C. Coalition for Alternatives to the ...

Drunken “Karen” Jail Guard in Michigan Invades Former Home, Demands to Speak to Prosecutor When Cops Arrive

After a 20-­year veteran guard at Michigan’s Bay County Jail was caught drunk in the wrong home in July 2023, he tried to exert his privilege by demanding to speak to the county prosecutor when police arrived. They ignored him, though, so Sgt. Lester A. Cousineau, Jr., 48, appeared in ...

Alaska Prisons Report Three Deaths in Three Days

Months-­Long Wisconsin Prison Lockdown Prompts Lawsuits

A federal lawsuit filed on October 26, 2023, seeks class-­action status for a group of Wisconsin prisoners challenging poor healthcare and conditions of confinement in the state Department of Corrections (DOC), resulting from “a prolonged, unnecessary and unexplained lockdown” that has so far lasted seven months at Waupun Correctional Institution ...

Florida County Makes Free Jail Phone Calls Available

On October 1, 2023, phone calls became free for some 860 jail detainees at the jail in Florida’s Alachua County, whose Board of Commissioners voted for the change six months earlier. That brought the cost from 21 cents per minute to zero, though for no more than three daily calls. ...

Colorado Prisoners Disciplined for Not Working Despite Ban on Prison Slavery

Although Colorado voters amended the state constitution in 2018 to ban slave labor inside state prisons, the state Department of Corrections (DOC) has continued to discipline prisoners for refusing to work—14,000 times just since 2019, according to a November NPR News report.

That bolsters the claims of two state prisoners ...

From Prison Cook to Praised Pizza Chef

A former Pennsylvania prisoner is now a chef at a Philadelphia pizzeria, which was named one of the 50 best in the U.S. by the Washington Post on August 31, 2023.

Those held in the same cell block with Mike Carter may have already tried his pizza, though with more ...

Louisville Jail Records 15 Detainee Deaths, 16 Employees Fired

On September 26, 2023, Louisville Metro Corrections Department (LMCD) suspended guard Terry Henderson after he crashed his car into a vehicle driven by fellow guard Andrew Young. Responding Louisville Metro Police Department (LMPD) officers reportedly suspected Henderson was drunk, but no charges were filed. Young was treated at a hospital ...

428 Georgia Prison Employees Criminally Charged in Five Years

On February 28, 2024, prisoner advocates held a press conference outside the Georgia State Capitol in Atlanta, demanding that state lawmakers address twin afflictions in the state’s beleaguered Department of Corrections (DOC), whose 51,000 prisoners now represent its highest population in 15 years, even as the number of prison guards ...

California Prisons Locked Down After Massive Riot Hospitalizes Prisoner, Eight Guards

A riot broke out at Ironwood State Prison on January 31, 2024, triggering a “threat assessment” that locked down every facility run by the California Department of Corrections and Rehabilitation (CDCR). Eight staffers and one prisoner were hospitalized after the brawl. All were released the following day.

A huge group ...

One Detainee Dying Every Week in L.A. County Jails

As of December 31, 2023, Los Angeles County jails had recorded 34 detainee deaths in seven months—over one every week, far more than New York City’s notorious Rikers Island complex, which recorded seven deaths during the same period.

Overcrowding is blamed for the spate of dying. The jail system averaged ...

Sentencing Project Finds “Important Inroads” Against Mass Incarceration, Racial Inequality Behind Bars

October 11, 2023, the Sentencing Project reported that the share of Black men who will experience incarceration at some point in life has declined from one in three for those born in 1981 to one in five for those born in 2001 and just now entering full adulthood. But while ...

Condemned Texas Prisoner Ruled Too Mentally Ill to Execute

by Matt Clarke.

Condemned Texas prisoner Scott Louis Panetti, 65, was taken off the state’s death row on September 27, 2023, when the federal court for the Western District of Texas found him too insane to kill—or as the Court said, because he “lacks a rational understanding of the connection ...

HRDC Awarded Over $130,000 in Legal Costs and Fees for Defendant’s “Bad Faith” in Maine Records Lawsuit

by David M. Reutter

On January 16, 2024, Maine’s Superior Court for Kennebec County ordered state officials to pay $130,600.02 in attorney fees and legal costs to PLN’s publisher, the Human Rights Defense Center (HRDC), after making a rare finding that the officials exercised bad faith in repeatedly denying the ...

Oregon Prisoner’s Parole Deferral Based on “Dangerous Offender” Statute Reversed

On August 9, 2023, the Oregon Court of Appeals reversed a decision by the state Board of Parole and Post-­Prison Supervision (BPPS) deferring parole consideration for Gerald O. Person.

Sentenced as a “dangerous offender” for crimes committed in the late 1980s, Person was up for parole in 2020 when BPPS ...

Maryland Compensates Exonerated Prisoner Over $340,000

On September 20, 2023, the Maryland Board of Public Works approved over $340,000 in compensation to Demetrius Smith, who spent years unjustly incarcerated—more than a year of that time after his innocence had been established. Gov. Wes Moore (D), who chairs the three-­member Board, personally apologized to Smith, who was ...

Seventh Circuit Again Rejects Challenge to Three-Book Limit at Cook County Jail by Now-Dead Detainee

David M. Reutter

On April 6, 2023, the U.S. Court of Appeals for the Seventh Circuit affirmed dismissal of a suit filed by a pretrial detainee challenging the contraband policy at the Cook County Jail (CCJ) in Chicago, after guards took and destroyed approximately 30 of his books.

The lawsuit ...

$33 Million Awarded to Family of Oklahoma Jail Detainee Mocked By Nurse and Guards As He Died Begging for Help

by Douglas Ankney

On August 23, 2023, a jury in U.S. District Court for the Northern District of Oklahoma made a massive award of $33 million to the family of Terral B. Ellis, Jr., an Ottawa County Jail (OCJ) detainee who allegedly died begging for medical attention while a nurse ...

$9,000 Settlement in Wisconsin Prisoner’s Heat-­Related Illness Suit

by Matt Clarke

On October 3, 2023, the Wisconsin Department of Justice sent a check for $9,000 to a state prisoner in settlement of his claims that he suffered a heat-­related illness, fell and injured himself after state Department of Corrections (DOC) guards ignored his pleas for help. In addition ...

Sixth Circuit Refuses Michigan Prisoner’s Excessive Force Claim Despite Guard’s Conviction for Battery

by David M. Reutter

On August 16, 2023, the U.S. Court of Appeals for the Sixth Circuit affirmed dismissal of a Michigan prisoner’s lawsuit with an outrageous-­sounding opinion that a guard “may have violated a prison use-­of-­force policy or committed a state-­law tort,” yet that “does not necessarily” mean there ...

Lights, Camera, Action! “Dead Man Walking” Comes to Sing Sing

When a new production of “Dead Man Walking,” the opera based on the 1993 memoir of Louisiana death penalty abolitionist Sister Helen Prejean, opened at New York City’s Metropolitan Opera in September 2023, there was a rare offsite performance—at the state’s Sing Sing Correctional Facility in Ossining, with lead singers ...

Parole and Probation Accused of Driving Prison Growth

David M. Reutter

One alternative to incarceration that criminal justice reformers clamor for is probation or parole. A May 2023 report by Prison Policy Initiative (PPI) counted nearly 3.7 million people in the U.S. under some form of community supervision, nearly twice the number held in prisons and jails. The ...

Louisiana Supreme Court Springs Prisoner From Death Row

Condemned Louisiana prisoner Darrell Robinson got off death row on January 26, 2024, when the state supreme court found his 2001 trial was tainted and granted a new one. Robinson, 55, was the only one of 57 state prisoners awaiting execution who didn’t file a clemency request in 2023, when ...

$1.75 Million Settlement Reached in Washington Jail Suicide

by David M. Reutter

The Washington city of Lynnwood agreed on September 20, 2023, to pay $1.75 million to settle a lawsuit alleging guards at the Lynnwood Municipal Jail were negligent in the suicide death of Tirhas Tesfatsion two years before. An investigation after her death found “significant” lapses between ...

Grand Jury Slams Sacramento County for Delaying Jail Improvements Mandated in Consent Decree

by Douglas Ankney

Delays in improvements mandated in a 2020 consent decree resulted in at least six preventable detainee deaths at Sacramento County jails, according to a grand jury investigative report on June 2, 2023.

As PLN reported, the County’s two lockups were the subject of Mays v. Cty. of ...

Kansas DOC Claims Discrimination Against Wiccans Was “Inadvertent”

by Douglas Ankney

On September 27, 2023, the Kansas Department of Corrections (DOC) appeared to back down from a fight over providing state prisoners materials from a Wiccan shop—though it maintained a ban on correspondence from the shop owner and an associated coven.

For at least 20 years, MoonShadow Coven ...

California Adds Statewide Detention Monitors Overseeing Local Jails

Quietly, on October 4, 2023, California Gov. Gavin Newsom (D) signed into law a measure to boost transparency in the state’s local jails, also adding a layer of oversight vested in a new statewide “detention monitor”—who will act much like an Inspector General to identify problems and make recommendations to ...

Massachusetts High Court Calls Denial of Prisoner’s Medical Parole without Risk Assessment Arbitrary and Capricious

by Douglas Ankney

On April 3, 2023, the Supreme Judicial Court of Massachusetts called a medical parole denial by the state Commissioner of Correction arbitrary and capricious because it was made without a standardized risk assessment for prisoner applicant Martin McCauley, as required by Title 501 Code Mass. Regs. §17.02. ...

Third Circuit Revives Disabled New Jersey Prisoner’s Claim for Deprivation of Walking Cane

by Douglas Ankney

On September 19, 2023, the U.S. Court of Appeals for the Third Circuit reversed dismissal of prisoner Tremayne Durham’s suit blaming employees of the New Jersey Department of Corrections (DOC) for injuries he suffered in a shower slip-­and-­fall, after they denied him access to his cane and ...

Nine Employees Arrested at Troubled South Carolina Jail

In just a month in early 2024, nine employees were arrested at the Alvin S. Glenn Detention Center, the lockup run by South Carolina’s Richland County. The state Department of Corrections (DOC) opened an investigation at the jail in Columbia in July 2023, prompted by a series of stabbings, escapes ...

Missouri Moms Jailed After Kids Miss Too Much School

“Truancy” sounds old-­fashioned. But after two mothers were convicted of letting their kids miss too much school, the Missouri Supreme Court upheld their incarceration sentences for the misdemeanor on September 15, 2023.

The Court’s ruling came in the consolidated appeals of Caitlyn Williams and Tamarae LaRue, who were convicted of ...

Two Kansas Prison Guards Fired, Six Disciplined for Mocking Injured Prisoner and Refusing Her Help

On October 17, 2023, a month after a Topeka Correctional Facility prisoner fell and had to crawl back to her cell because guards refused to help her, the Kansas Department of Corrections (DOC) fired two high-­ranking guards at the prison and disciplined six others for neglecting her medical needs. No ...

Exceptional Punishments

by Kate Weisburd

No one should be made to give up their rights in exchange for being spared from prison.

The same scene unfolds in criminal courtrooms across the country every day. After someone has been found guilty by a jury or pled guilty, a judge imposes a sentence. The ...

N.J. Prison Guard Sacked Over Mock George Floyd Killing

On September 20, 2023, the New Jersey Civil Service Commission upheld a decision by an Administrative Law Judge (ALJ) allowing the state Department of Corrections (DOC) to fire a state prison guard involved in a mock killing of George Floyd during a Black Lives Matter protest. Joseph DeMarco, an 18-­year ...

Third Circuit Unhappy with Federal Detainee’s Denied Marriage Request at Pennsylvania GEO Group Lockup

On September 19, 2023, the U.S. Court of Appeals for the Third Circuit revived a claim by Brian Davis, a Jamaican national held for four years at Pennsylvania’s Moshannon Valley Correctional Center (MVCC). The prison is privately operated by the Florida-­based GEO Group, Inc., primarily housing low security noncitizens for ...

Russian Opposition Leader Dies in Prison

Aleksei Navalny, 47, a Russian attorney who led opposition to Pres. Vladmir Putin, died on February 16, 2024, in a penal colony inside the Arctic Circle. The country’s Federal Prison Service said he collapsed after a walk, just a day after appearing healthy, though gaunt, in a video court hearing. ...

Oklahoma Jail Withholds Death Records, Fails to Report Five Since 2018

by Matt Clarke

Since 2018, at least seven vulnerable detainees have died at the 366-­bed Pottawatomie County Public Safety Center, 30 miles east of Oklahoma City. Yet despite state law requiring deaths be reported within five days to the Oklahoma Health Department’s jail division, the jail failed to report five ...

$8.5 Million Settlement After Pretrial Detainee Suffocated by Guards and Medical Staff at Virginia Psychiatric Hospital

by David M. Reutter

On September 19, 2023, the Commonwealth of Virginia, the County of Henrico and its Sheriff Alisa A. Gregory agreed to pay $8.5 million to settle claims arising from the death of Irvo Otieno, 28, at Central State Hospital (CSH) in Petersburg.

As PLN previously reported, Otieno ...

$11.6 Million Settlement Reached in HRDC Debit Release Card Case in Washington; California Victory Remanded

On December 19, 2023, the federal court for the Western District of Washington granted final approval to an $11.6 million settlement between Rapid Investments, Inc. and a class of prisoners released from over 1,500 lockups around the U.S., which forced them to accept return of money confiscated during their incarceration ...

Georgia Sheriff Resigns After Groping TV Judge’s Breast

Nearly two years after Sheriff Kris Coody of Georgia’s Bleckley County publicly groped television Judge Glenda Hatchett’s chest, he pleaded guilty to misdemeanor sexual battery in state court on August 21, 2023. Coody, 59, was then sentenced to 12 months of probation and ordered to pay a $500 fine, plus ...

North Carolina Court of Appeals Reinstates Parolee’s Parental Rights, Says Parole Conditions Barred Him from Visiting Minor Daughter

by Matt Clarke

On September 5, 2023, the Court of Appeals of North Carolina reinstated a parolee’s parental rights that had been stripped for lack of contact with his minor daughter, after finding it was conditions of his parole which had prevented him from contacting her.

Crystal was born to ...

Finding Indiana Grievance Process “Unavailable,” Federal Judge Grants Summary Judgment to 22 Prisoners on Same Day

In a remarkable series of rulings on August 15, 2023, U.S. District Court Judge Robert L. Miller, Jr. granted summary judgment in favor of 22 Indiana state prisoners who had filed separate lawsuits alleging unconstitutional conditions of confinement at the Miami Correctional Facility (MCF). Each plaintiff raised similar claims, naming ...

Alabama Denies Parole to Former Sheriff Convicted of Corruption

Once Alabama’s longest-­serving sheriff, Mike Blakely, 72, will continue serving a three-­year sentence for corruption handed down in August 2021, after the state Board of Pardons and Paroles (BOPP) deadlocked over his parole application on March 7, 2024. The 1-­to-­1 tie vote meant no parole for Blakely, who has so ...

Massachusetts Prisoners Again Stage Hunger Strike Against Solitary Confinement

At Massachusetts’ maximum-­security Souza-­Baranowski Correctional Center (SBCC), 19 prisoners held in the Secure Adjustment Unit (SAU) began a hunger strike in October 2023, alleging conditions like solitary confinement despite state law reforms limiting its use.

The protest began with a letter to Attorney General Andrea Campbell (D) on October 18, ...

Eleventh Circuit Calls Georgia Prisoner’s Dismissed Suit Outside PLRA “Strike Zone”

by David M. Reutter

In an en banc ruling on February 1, 2023, the full U.S. Court of Appeals for the Eleventh Circuit held that a Georgia prisoner’s case dismissed for failure to exhaust administrative remedies might amount to dismissal “for failure to state a claim”—an enumerated ground for a ...

$19.3 Million Awarded to Former Illinois Prisoner Repeatedly Sexually Assaulted by Prison Counselor

by Matt Clarke

On September 22, 2023, a jury in federal court for the Central District of Illinois awarded a total of $19.3 million to a former state prisoner who was repeatedly sexually assaulted by a counselor with the state Department of Corrections (DOC).

Identified as “Jane Doe,” the prisoner—a ...

Missouri Expands Prison Mail Ban to Include Books Sent by Family, Friends

After banning state prisoners from receiving physical mail the year before, the Missouri Department of Corrections (DOC) extended the ban on September 25, 2023, to include books sent to prisoners from family or friends.

The rule change means the only way to send a book to a state prisoner is ...

Federal Prisoners Released Under First Step Act Show 37% Reduction in Recidivism

Arizona Supreme Court Reverses Summary Judgment for Corizon Health in State Prisoner’s Death from Untreated Diabetes

by Matt Clarke

On October 11, 2023, the Supreme Court of Arizona reversed a grant of partial summary judgment to Corizon Health, the former private medical contractor for the state Department of Corrections, Rehabilitation and Reentry (DCRR), in a suit filed over a state prisoner’s death from allegedly untreated diabetes. ...

Washington DOC Outfits Guards with Narcan

On August 31, 2023, the Washington State Department of Corrections (DOC) completed implementation of a new policy permitting staffers to carry naloxone, an opioid overdose antidote, while on duty. But allowing guards to carry the life-­saving drug—used to counteract the effect of a prisoner’s overdose—doesn’t mean that many will do ...

Class-­Action Lawsuit Challenges Use of Presumptive Drug Tests by Washington DOC

A suit filed in Washington state court on September 22, 2023, challenges disciplinary sanctions imposed on prisoners by the state Department of Corrections (DOC) based on presumptive drug test results.

DOC uses inexpensive colorimetric drug tests to examine incoming mail and other paper items, turning them a certain color if ...

Fifth Circuit Finds Louisiana Prisoner’s Solitary Confinement Not Sufficiently “Atypical” to Violate the Constitution

by David M. Reutter

On September 25, 2023, the U.S. Court of Appeals for the Fifth Circuit affirmed dismissal of Louisiana prisoner Brandon LaVergne’s Eighth Amendment claim, finding the alleged restrictions on his visitation and email access while in “restricted custody”—solitary confinement—were not so bad that they were unconstitutional.

The ...

Connecticut DOC Held Liable for Failure to Treat Transgender Prisoner’s Gender Dysphoria

Douglas Ankney

On September 15, 2023, the U.S. District Court for the District of Connecticut granted a transexual prisoner’s motion for summary judgment in a suit accusing the state Department of Correction (DOC) of violating her Eighth Amendment rights by failing to treat her gender dysphoria (GD).

Veronica-­May Clark is ...

Eighth Circuit Affirms Qualified Immunity for Missouri Prison Chief in Sexual Abuse Claims Against Former Guard

by David M. Reutter

On August 23, 2023, the U.S. Court of Appeals for the Eighth Circuit reversed denial of qualified immunity (QI) to Anne Precythe, Director of the Missouri Department of Corrections (DOC), in an Eighth Amendment complaint filed by a state prisoner accusing Precythe of failing to protect ...

Ninth Circuit Says Federal Prisoner in California May Have Bivens Claim for Delays in Medical Care Allegedly to Cover Up Assault by BOP Guard

by David M. Reutter

On August 15, 2023, the U.S. Court of Appeals for the Ninth Circuit reversed dismissal of an Eighth Amendment deliberate indifference medical claim by a federal prisoner against officials holding him for the U.S. Bureau of Prisons in California. However, the Court affirmed dismissal of Roscoe ...

$2,000 Paid to Former Arkansas Jail Detainees Given Horse Dewormer for COVID-­19

by Douglas Ankney

On September 7, 2023, five former detainees at Arkansas’ Washington County Detention Center (WCDC) informed the federal court for the Western District of Arkansas that they had accepted payment of $2,000 each to settle claims alleging that a jail doctor without their knowledge or consent dosed them ...

At BOP California “Rape Club” Prison: Historic Ruling, FBI Raid, Warden Removed

On March 11, 2024, FBI agents raided the Federal Correctional Institution (FCI) in Dublin, California, the troubled federal Bureau of Prisons (BOP) lockup plagued by staff sexual assaults on prisoners—so many that it has become known as the “rape club.” Warden Art Dulgov and Associate Warden Patrick Deveney were walked ...

News in Brief

Alabama: On January 11, 2024, two state prison guards at Elmore Correctional Facility (CF) were arrested when their contact information was found in a prisoner’s contraband cellphone, WSFA in Montgomery reported. Eli Charlie DeRamus, 33, and Bunion Thomas, 24, were then accused of smuggling food items in exchange for bribes ...