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Prisoner Education Guide

Articles by David Reutter

Coast Guard's Detention Based on Ethnicity Violates Fourth Amendment

by David M. Reutter

 The Ninth Circuit Court of Appeals held that removal proceedings against an alien must be terminated because Coast Guard officers committed an egregious Fourth Amendment violation, plus violated an immigration regulation when they seized him based on his Latin ethnicity alone.

Louis E. Sanchez, 45, entered the United States without inspection in 1988 at age 17. He has lived in Ventura County, California. He was granted Family Unity Benefits and Employment Authorization on May 11, 2004, which expired two years later. His subsequent applications were denied due to three misdemeanor convictions for violations of California's Vehicle Code.

Sanchez and two adult Latino friends, and one of the friend's 14-month-old son, took a fishing trip on February 25, 2010, in Sanchez's pleasure boat. About 30 minutes into the trip, the Coast Guard responded to a 911 request for a tow back to the harbor.

Upon arrival at the Channel Islands Harbor, about eight Coast Guard officers awaited on shore for Sanchez and his companions. Once they disembarked the boat, they were frisked and detained. The officers requested their names and asked for identification; Sanchez handed over his driver's license. The Coast Guard could ...

Judge Threatens Arizona Officials with Contempt Over Inadequate Prisoner Medical Care

by David M. Reutter

On October 10, 2017, a federal district court in Arizona issued an order requiring officials with the Department of Corrections (DOC) to show cause why they should not be held in contempt of a 2014 court-enforced settlement agreement. U.S. Magistrate Judge David K. Duncan also threatened the DOC with sanctions of $1,000 per incident of noncompliance with its agreement to improve medical care for the state’s 33,000 prisoners.

Thirteen prisoners filed suit against the DOC in 2012, alleging deliberate indifference to their medical, dental and mental health care needs, as well as unconstitutional conditions of confinement within the DOC’s segregation units. The case was certified as a class-action and the parties eventually entered into an agreement in 2014 to remedy the constitutional deficiencies. [See: PLN, Feb. 2016, p.56; Sept. 2012, p.34].

Under the settlement, the DOC agreed to guidelines and benchmarks that both the plaintiffs and Magistrate Judge David Duncan said hadn’t been met. Instead, the agency has run an “understaffed” health care system, according to a summary of investigative findings published by Courthouse News, in which “an inmate died with infected lesions swarmed by flies, a man who ate his ...

2 Georgia officers forced out over racist Facebook posts targeting black motorists

By David Reutter

Two white Georgia law enforcement officers were forced out of their positions after racist and sexist remarks they exchanged on Facebook were uncovered.

            The officers were McIntosh County Sheriff deputies when the comments were exchanged. One joke referee to "colored people" and the other used the "n" word. Another showed an image of Martin Luther King and other post from former deputy Brant Gaither said, "I have a dream. That one day my people will not act like animals."

            "Lol. That'll never happen," responded former deputy Jeremy Owens.

           Owens left the sheriff's department to become a police officer in Darien, the county seat.

           The exchanges between Gaither and Owens were discovered when Owens' old computer was issued to another deputy. The computer contained access to Owens' Facebook account, said Sheriff Stephen D. Jessup.

            One comment referenced policing the highways. "It's supposed to rain tomorrow. Might not get too many n**s," Owens wrote. "I hope we get a few but (expletive) if we don't," Gaither replied.

            Jessup said the comments were offensive. "There was never any question of what ...

Reason for Missing Deadline Did Not Reach Level of Excusable Neglect

by David Reutter

The First Circuit Court of Appeals held that the plaintiff’s failure to oppose the defendant’s motion for summary judgment in a timely fashion could not be considered excusable neglect.

Patrick Skrabec was arrested in December 2012 for threatening to commit a crime and disturbing a school assembly. After a trial by jury, Skrabec was acquitted of both misdemeanors.

Patrick and his parents, Neil and Mary Ann Skrabec, filed suit against North Attleboro, Mass., and others (the Town) for violating Patrick’s constitutional rights, negligence, and depriving the parents of consortium with their son.

The Massachusetts federal district court overseeing the case ordered both parties to file dispositive motions by October 31, 2016, and any opposition to these motions by November 30, 2016.

The Town filed a motion for summary judgment, claiming probable cause existed for the arrest, the defendants were entitled to immunity, conduct of the defendants wasn’t outrageous enough to warrant unintentional emotional distress, and loss of consortium was not recognized under Massachusetts law.

Patrick Skrabec died, and his parents’ attorney e-mailed the Town’s attorney to discuss the developments. The Town’s attorney agreed to meet, but no additional communication occurred until well after the November 30 deadline ...

Prison Officials Acted Under State-Agent Immunity

by David Reutter

The Supreme Court of Alabama held that prison officials acted under protection of state-agent immunity and that a prisoner did not show any facts exempting either from liability. The court granted mandamus and ordered the trial court to enter a summary judgment in favor of the defendants.

Cheryl Price, warden at Donaldson Correctional Facility (DCF), and Greg Lovelace, deputy commissioner of the Alabama Department of Corrections (ADOC), were being sued in their individual capacities by Marcus Parrish, a guard at DCP, for willfully breaching their duties by failing to monitor the prison for unsafe conditions, such as faulty, unrepaired locks and failing to remedy understaffing at the prison.

Parrish stated that he was supervising prisoner showers in segregation when he had to temporarily step away to retrieve shaving equipment. When he returned, he found prisoner Rashad Byers had already entered a cell that was supposed to have been locked. Byers indicated that he was done, and Parrish walked over to handcuff him to return him to his cell. Byers unexpectedly exploded out of the cell and attacked Parrish. He took Parish’s baton and repeatedly struck Parrish, knocking him unconscious and inflicting severe injury. Parrish alleged that this ...

Rash of North Carolina Jail Deaths Due to Lack of Supervision and Medical Care

by David M. Reutter

Todd L. Caveness, 40, had a long history of bipolar disorder, anxiety attacks and paranoia when he was booked into North Carolina’s Wilson County Jail on attempted murder charges in early 2016. When he began to believe his food was poisoned and stopped eating, he lost 30 pounds over three weeks.

Upon his arrival at a hospital on February 3, 2016, he was suffering from malnutrition, dehydration and kidney malfunction. Hospital staff convinced him to start eating again, but a blood clot in his lungs caused his death two days later.

Because Caveness’ death did not occur at the jail, though, it was not reported to North Carolina’s Department of Health and Human Services (DHHS). When any of the state’s 24,000 prisoners held in its 113 jails dies, DHHS regulations require the death to be reported – but only if it occurred while in custody. Chris Wood, a DHHS investigator inquiring about Caveness’ death, was told a report was not made because he “was alive when he left the [jail] and the death was not related to a suicide.” Wood requested a full report anyway, stating it could note that Caveness did not die ...

Innovative Use of Peanut Butter by Alabama Prisoners

by David M. Reutter

When prisoners tire of the same fare they are given to eat, day after day, they become creative to make it more palatable. A dozen pre-trial detainees at the Walker County Jail (WCJ) in Alabama, for example, found a new way to use peanut butter – they turned it into an escape tool.

The crafty July 30, 2017 escape from WCJ involved prisoners ages 18 to 30; they faced charges ranging from disorderly conduct and domestic violence to drug possession and attempted murder.

A new guard who was overseeing about 140 detainees while working in the control room at WCJ was faulted for making a “human error,” said Sheriff James E. Underwood. “The young man, he was a weak link and they knew it ... that’s it in a nutshell.”

Presumably no pun was intended.

“They changed the number over the [cell] door with peanut butter” to match a door to the outside, the sheriff continued. “[Then] they hollered, ‘Hey, open door’ so-and-so, but [the number] was the outside door. And unknowingly to him, he hit that lock and out the door they went.”

The escape plan included throwing blankets over a 15-foot ...

Challenge to Three-drug Execution Protocol Revived by Eleventh Circuit

by David M. Reutter

On September 1, 2017, the Eleventh Circuit Court of Appeals revived civil rights claims brought by four Alabama death row prisoners. Their lawsuits challenged the state’s current three-drug execution protocol, arguing that the use of midazolam as the first drug would subject them to “intolerable pain” when the next two drugs, pancuronium bromide and potassium chloride, are injected.

Before the appellate court was a consolidated appeal from the four prisoners, who alleged violations of the Eighth Amendment. Their complaints were drafted by John A. Palombi, Assistant Federal Defender for the Middle District of Alabama. The district court had ruled in favor of the Alabama Department of Corrections (ADOC) and various prison officials, concluding the prisoners had failed to present probative evidence creating “a genuine dispute of material fact as to [the existence of a feasible and implementable] alternative method of execution.”

The Eleventh Circuit disagreed, finding issues of material fact existed. It also found the district court had improperly weighed the creditability of the evidence and testimony.

When Alabama introduced lethal injection as its means of execution, it adopted the three-drug protocol used by “virtually every other state that executes its death row inmates by ...

Louisiana Prison Officials Sued for Trying to Block Investigation into Abuse of Disabled Prisoners

by David M. Reutter

Alleging a “culture of cover-up and excessive force,” the MacArthur Justice Center and the Advocacy Center of Louisiana (ACL) filed a class-action lawsuit in February 2018 against officials at the Louisiana Department of Public Safety and Corrections (LDPSC) and the David Wade Correctional Center (DWCC).

The suit followed a contentious investigation by ACL, which was itself the subject of litigation that settled in August 2017, after the New Orleans-based non-profit accused DWCC staff of interfering with and impeding its efforts to investigate alleged abuse of disabled prisoners.

ACL is Louisiana’s designated advocacy organization for individuals with disabilities under the federal Protection and Advocacy system.

Prior to filing its initial suit in June 2017, ACL received “alarming reports of serious abuse of people with disabilities incarcerated in the lockdown units” at DWCC. A review of written complaints from prisoners and interviews led the organization to conclude that probable cause existed to investigate DWCC.

ACL then set up an appointment to tour the facility and interview prisoners. But when its investigators arrived at DWCC on June 21, 2017, they were not allowed to enter cells or recreation areas; they also were prohibited from asking staff or prisoners ...

Corruption Among Prison Guards in North Carolina Spurred by Low Pay

by David M. Reutter

A “dirty staff gang” of corrupt employees in North Carolina’s prison system is circumventing security measures by smuggling contraband that creates dangers not only for prisoners and staff members, but also for people in the community who have been the victims of criminal plots.

North Carolina has about 8,000 prison guards, of whom 1,800 to 2,000 are new hires in any given year. The high turnover rate is driven at least in part by low wages. The national average pay for a guard is $47,000, but thanks to the rural locations of most North Carolina prisons, guards average $32,000 annually at minimum-security facilities and $35,000 at maximum-security facilities.

“These officers are broke,” said Troy Person, who served 20 years on multiple counts of forgery at the Scotland Correctional Institution (SCI). “That’s why there are so many cell phones in prison.”

Person said he paid two guards to smuggle him cell phones, liquor, condoms, pornography and marijuana, all of which he sold to other prisoners.

The contraband trade can be lucrative inside prisons, where a pound of marijuana is worth more than $9,000 and a smartphone can go ...


 

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