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In New Jersey, Yet More Privileged Phone Calls Between Prisoners and Attorneys Recorded and Used by Prosecutors
by Douglas Ankney
A New Jersey prisoner filed a putative class-action lawsuit on December 19, 2023, alleging that privileged telephone communications with his attorney were recorded by the jail where he was held, provided to prosecutors and used against him at trial. Disturbingly, this is not …
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More from this issue:
- Alaska’s Prison System: Dangerous, Deadly Yet Repeating Past Mistakes, by David Reutter
- From the Editor, by Paul Wright
- For Beating Handcuffed Prisoners, Former Alabama Guard Supervisor Gets 87 Months
- North Carolina’s Largest City Elects First Ex-Prisoner to Council
- Fifth Circuit: Texas Prisoner’s Declaration Alone Sufficient to Send PLRA Exhaustion Dispute to Trial
- Four BOP Guards Sentenced for Three Federal Prisoner Assaults at Kentucky Lockup
- Seventh Kentucky Guard Sentenced for Restrained Prisoner’s Beat-down
- “Botched” and “Ill-Conceived”: BOP Slammed for Plan to Close California Lockup Known as “Rape Club”
- Idaho Stopped From Repeatedly Scheduling Executions That It Cannot Carry Out, by Douglas Ankney
- Securus Wipes Out Months of Washington Prisoners’ Writing—Again
- “You Just Broke My Neck”: Ohio Detainee Sues Jail Where Guards Are Accused of Multiple Assaults
- In New Jersey, Yet More Privileged Phone Calls Between Prisoners and Attorneys Recorded and Used by Prosecutors, by Douglas Ankney
- BOP Hires Sentencing Reform Advocate
- Federal Watchdog Slams BOP for Sham Accreditations, by Matthew Clarke
- Cleveland Jail Warden Dismissed After Asking for More Reentry Assistance for Detainees
- Exonerated Prisoner Sues New York City for 16 Years of Wrongful Incarceration
- Oregon Parole Board Ordered to Consider Sex-Offense-Free Time When Setting Sex Offender Notification Levels
- Third Circuit Denies Qualified Immunity to Pennsylvania Jail Guards and PrimeCare in Detainee’s Overdose Death, by David Reutter
- Ninth Circuit: Alleged Denial of Hepatitis C Treatment to Federal Prisoner in Washington Presents Valid Bivens Claim, by David Reutter
- Colorado Program Employs Prisoners as Professors
- Washington, Virginia Advance Bills to Make Prison Calls Free
- Georgia Sheriff Takes $160,000 Kickback from Pay Tel for Video Visitation
- Decoding Recidivism: Unraveling Its Complex Metrics and Real Impact
- Hope Against Hope, by Daryl Waters
- Tennessee DOC Faulted for High Staff Vacancy and Turnover, Inadequate Programs, PREA Violations
- “You Are Not Above the Law”: Former Indiana Sheriff Jailed for Contempt of Court
- $15,000 Net Award for Georgia Prisoner’s Delayed Hep-C Treatment, by David Reutter
- West Virginia Slammed for High Costs, Low Quality of Privatized Prison Food
- CoreCivic Sued by Former Detainee Stabbed at Shuttered Kansas Jail, by David Reutter
- $500,000 for Texas Teen Sodomized in Jail
- Seventh Circuit Finds No Problem With Surveillance of Chicago Detainees on Toilets, by David Reutter
- Warden, Eight Employees Arrested After Four Deaths at Wisconsin Prison in Eight Months
- Pell Grant Restoration Not Reaching All Prisoners
- Colorado Jail Guard Must Stand Trial for Opening Accused Sex Offender’s Cell, Subjecting Him to Assault, by David Reutter
- Wrongfully Convicted Michigan Prisoners Wait for Compensation
- Illinois Prisoner Awarded Over $822,000 For Hernia Care Denied by Wexford Health, by Douglas Ankney
- Minnesota Jailers Shrug Off Detainee’s Agony from Fatal Perforated Bowel as Withdrawal Symptoms
- Hearing-Impaired Massachusetts Prisoners Win ADA Case
- Virginia Legislature Tables “Second-Look” Bills
- Federal Sentencing Guidelines Place Heavy Burden on Incarcerated Victims of Sexual Assaults, by David Reutter
- Pennsylvania Supreme Court Slows the Hand That State DOC Sticks Into Prisoners’ Pockets, by David Reutter
- Seventh Circuit Affirms Dismissal of Retaliation Claim By Federal Prisoner Against Guard in Illinois Lockup Who Saw Grievance Against Him, by Matthew Clarke
- Mentally Ill Detainee Allegedly Tasered and Starved to Death At South Carolina Jail
- $8.9 Million Settlement Reached for N.Y. Prisoner’s Death Following Guards’ Baton Beating, by David Reutter
- Maryland County Wins Fight to Let Bureaucrats Make Pretrial Release Decisions, by David Reutter
- Eighth Circuit Largely Restores Qualified Immunity to Minnesota Jail Guards in Use of Force on Bipolar Prisoner, by David Reutter
- Maryland Prisoner Prevails in Challenge to Denial of Public Records Requests
- $2 Million Settlement in Death of Mentally Disabled Detainee Stripped of Anti-Seizure Device at Colorado Jail, by David Reutter
- Two Who Escaped from Arkansas Jail Recaptured
- Despite Unemployment Spike, Alabama Refuses Prisoners Work-Release Paroles
- Ohio Supreme Court Says Prisoner’s ‘Kite’ Is Public Record, But Denies Damages for Withholding It, by Matthew Clarke
- $56.7 Million Awarded to “Harlem Park Three,” Exonerated of Baltimore Murder After 36 Years in Prison, by David Reutter
- Missouri Muslim Prisoners Advance Suit Against Guards For Assault During Prayer, by Douglas Ankney
- Sixth Circuit Revives Ohio Prisoner’s Retaliation Claim That Guards Got Him Kicked Out of Religious Group, by David Reutter
- $4 Million Settlement in Class Action Challenging Unconstitutional Conditions at West Virginia Jail, by David Reutter
- Transgender Maryland Prisoner’s Suit Accuses Guard of Shower Rape
- Two Prisoners Removed from Texas Death Row Due to Intellectual Disability, by David Reutter
- News in Brief
More from Douglas Ankney:
- Pregnant Women Detained in Jail: The Hideous Story of In-Custody Births, May 1, 2026
- Idaho DOC Director Denies Verified Report of Rampant Sexual Abuse of Women Prisoners by Staff, May 1, 2026
- Fourth Circuit Announces Defendant Has Standing to Appeal Based Solely on Rogers–Singletary Claim of a “Material Discrepancy Between” Written and Orally Articulated Judgment at Sentencing, May 1, 2026
- Illinois Jail Reprimanded for Denying Detainees Mail Based on Media Content, P.O. Box Return Address, Settles Detainees’ Suit with $111,825 Payment of Legal Fees, May 1, 2026
- Sixth Circuit Announces Federal Coercion and Enticement Statute Requires Knowledge of Victim’s Minor Status, Deepening Circuit Split, May 1, 2026
- Oklahoma Supreme Court: Jail Trust Cannot Withhold Requested Records under Law Enforcement Exemption of ORA, May 1, 2026
- Delaware Supreme Court Announces Adoption of ABA Standard 3-6.5(b) Governing Prosecutors’ Opening Statements, Reverses Murder Convictions Based on Prosecutor’s References to Co-Defendant’s Guilty Plea, May 1, 2026
- Tenth Circuit Holds Prior California Child Pornography Conviction Does Not Trigger Federal Mandatory Minimum Because State Statute Encompasses Conduct Beyond Federal Definition Under Categorical Approach, April 1, 2026
- Kentucky Supreme Court Clarifies Parole Board May Delegate Final Revocation Hearings to Administrative Law Judges but Holds Due Process Requires Parolees Be Permitted to File Exceptions to ALJ Findings Before Board Renders a Final Revocation Decision, April 1, 2026
- New York Court of Appeals Holds Generic Physical Description Insufficient to Justify Pursuit in Mistaken Identity Case, and Suspect’s Flight Cannot Support Reasonable Suspicion Absent Evidence He Knew He Was Fleeing Law Enforcement, April 1, 2026
More from these topics:
- ICE Settles Suit Over Opening Detainees’ Legal Mail, April 1, 2026. Legal Mail, Attorney Visits, First Amendment, rights, Immigration Detention, Attorney/Client.
- Last of 16 Sentenced in California Prison Aryan Brotherhood Case, As Lawyer Learns He Was Targeted in Murder Plot, Jan. 1, 2026. Snitch Jacketing, Prison Gangs, Conspiracies, Attempts, Solicitations, Attorney/Client, Confinement in Segregated Housing.
- Ohio Sued by Non-Profit Law Firm for Opening Prisoner Legal Mail, July 15, 2025. Attorney Client, Legal Materials, Attorney Calls, Legal Mail.
- Ninth Circuit Announces Attorney Cannot Be Compelled to Provide ‘Privilege Log’ Protected Under Fisher if Doing So Would Undermine Client’s Fifth Amendment ‘Act-of-Production Privilege’ and Attorney-Client Privilege, April 15, 2025. Fifth Amendment, False Statements, Testimony or Documents, Attorney/Client, Brady/Giglio/Jencks Act Issues.
- Nevada Supreme Court Holds That Violating Jail Phone Policy Does Not Waive Attorney-Client Privilege, Sept. 15, 2024. Attorney Client, Attorney Calls.
- Washington Prisoner’s Sentence Vacated After Attorney Calls and Visits Were Recorded, Aug. 15, 2024. Attorney Client, Prisoner Privileges, Disclosure of Records, Recordings, Sentences - Corrections or Modifications of.
- Eleventh Circuit Revives Claim Against Florida Jail That Forced Detainee to Scan Legal Mail Into Computer with Memory Chip, March 1, 2024. Jail Specific, Supervisory Liability, Municipal Liability, Legal Mail, First Amendment, rights, Attorney/Client.
- New York City Jails Admit Illegally Recording Over 2,200 Attorney-Client Phone Calls, Nov. 30, 2022. Attorney Calls, Recorded Calls.
- $90,000 Paid to Settle Lawsuit Over Recorded Attorney-Client Calls at Wisconsin Jail, Sept. 1, 2022. Settlements, Recorded Calls.
- Arizona Supreme Court Clarifies Rules for Asserting Attorney-Client Privilege for Communications from Jail, Including Texts Using Tablets, Aug. 1, 2022. Text Messages, Attorney/Client.