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Articles by Chad Marks

New York: Prisoners Have No Expectation to Privacy During Jail Phone Calls

by Chad Marks

In 2012, Emmanuel Diaz found himself in the custody of the New York City Department of Correction (DOC). While housed at the Rikers Island jail complex on multiple counts of burglary and robbery, he made nearly 1,100 phone calls. During some of the calls he made ...

U.S. Department of Justice Plans to Ramp up Federal Death Penalty

by Chad Marks

Attorney General William P. Barr has paved the way to restart the “machinery of death,” in the words of former Supreme Court Justice Harry A. Blackmun, in the form of capital punishment on the federal level. In July 2019, Barr directed the Bureau of Prisons (BOP ...

Alaska State Supreme Court Rules Due Process Afforded to Prisoners Seeking Laundry Job Reinstatement

by Chad Marks

Billy Dean Smith and Jacob Lee Anagick were prisoners at the Lemon Creek Correctional Center in Alaska when an unannounced shakedown took place. The reason for the search: Prison staff had information that there was a planned escape.

Both men worked at the Prison Industries Program, providing ...

Texas Court Rules Force Feeding Detainee Is Necessary

by Chad Marks

 Ajay Kumar, a citizen of India, was detained by Immigration and Customs Enforcement (“ICE”) officials in New Mexico and later transfered to Texas. He began a hunger strike because, in his words, he wanted his freedom. ICE officials wanted to force-feed him, but Kumar objected.

ICE, concerned with  ...

Seventh Circuit Affirms District Court Order Granting Summary Judgment In Eighth Amendment Medical Case

by Chad Marks

 Jeremy Lockett, a prisoner at the Wisconsin Secure Program Facility (WSPF), brought a lawsuit arguing that prison medical staff nurse practitioner (NP) Tanya Bonson and nurse Beth Edge were deliberately indifferent to his serious medical needs.

Lockett has a significant medical history, having been diagnosed with sickle ...

California Federal Court Orders City to Pay $150,000 for Failure to Comply with Jail Settlement

by Chad Marks

n May 2013, a class-action lawsuit was filed on behalf of prisoners housed at the Monterey County Jail in California. A settlement agreement was reached on May 1, 2015, in which the City of Monterey agreed to develop plans to improve medical care, services, programs and activities ...

Seventh Circuit Affirms Lower Court’s Summary Judgment Order in Self-Mutilation Case

by Chad Marks

Lloyd Johnson brought a civil suit against the Milwaukee County Medical Health Clinic (MHC), claiming that his rights were violated when he was not provided constitutionally adequate medical care leading to self-mutilation.

On February 28, 2012, Johnson voluntarily admitted himself to MHC, complaining that he was depressed ...

Federal Court Allows Lawsuit to Move Forward Where Prisoners Ordered to Clean Bloody Cell After Suicide

by Chad Marks

Jeffrey Patel was a prisoner at the Theo Lacy Jail in Orange County, California, when another prisoner commited suicide with a razor blade. Prison staff ordered Patel and three other prisoners to clean up the cell, which was a “bloody mess,” according to court documents. Prison ...

California County Jail, Private Medical Provider to Pay $825,000 for Prisoner’s Death

by Chad Marks

Lara Ann Gillis, a 47-year-old mother, died in December 2015 after spending just over 24 hours at a county jail.

Gillis was arrested on December 4, 2015 in Monterey County, California on suspicion of being under the influence of drugs, obstructing law enforcement and possession of marijuana ...

$100,000 Withheld from Washington Jail for Failure to Fully Implement Ban on Juvenile Solitary Confinement

by Chad Marks

The King County jail system in Washington State was slated to receive $100,000 in March 2019, but the payment was put on hold following reports that jail officials were not fully complying with a ban on placing juvenile offenders in solitary confinement.

The payment was premised ...