by Mark Wilson
On December 22, 2021, a Florida federal court approved the settlement of a class-action lawsuit challenging conditions during the COVID-19 pandemic in three U.S. Immigration and Customs Enforcement (ICE) detention facilities in Florida. Under the terms of the agreement, vaccinations will be offered to all detainees at ...
But She Probably Won’t Collect It From the Defunct Provider
by Mark Wilson
On April 1, 2021, a Michigan federal court entered a $1 million default judgement for a woman who was impregnated by another patient while she was detained in a mental healthcare facility.
Felicia Quizel Morgan was a ...
by Mark Wilson
In a report on pervasive sexual abuse of prisoners at Oregon’s only women’s prison in 2017, Prison Legal News reached another five years back in history to quote Brian Lathan, an attorney for some of the women who warned in 2012, “It now really is an epidemic.” ...
by Mark Wilson
"The State can no longer afford to manufacture a case built on lies and half-truths,” wrote Patrick and Kevin Francke in their letter to a federal judge in support of the man wrongfully convicted of killing their brother.
After serving 28 years in prison, Frank E. Gable, then 59 years old, walked out of prison on June 27, 2019. He was a free man but he had a cloud hanging over his head that remains there still. The state of Oregon had filed an appeal to the court order that released him, which remains pending.
On April 18, 2019, U.S. District Court Magistrate Judge John V. Acosta released the stunning decision that Gable was “probably” innocent of murder. In a 94-page opinion, he ordered the state to retry or free Gable within 90 days.
Gable was convicted for the 1989 murder of Michael Francke, Director of the Oregon Department of Corrections (ODOC).
Francke’s brothers wrote in their letter to the judge that the state should “abandon this fruitless endeavor” of trying Gable again. They hoped officials would “concede that they convicted an innocent man.” The sooner they do so, “the better and justice will be served!”
The ...
by Mark Wilson
On September 22, 2021 Oregon prison officials suspended outside prisoner work crews “in order to review any potential changes following a walk away earlier this year” according to an internal memo sent by Oregon Department of Corrections (ODOC) Director Colette Peters and Deputy Director Heidi Steward.
The pause comes in the wake of a high-profile international incident. Fourteen-time felon, Jedaiah Lunn, 36, was incarcerated at the South Fork Forest Camp, a 200-bed minimum-security prison on the Oregon coast operated by ODOC and the Oregon Department of Forestry. While on a work crew at the Gales Creek Campground on April 14, 2021, Lunn walked away, accosted two women who are Japanese nationals, brutally beating them with a large stick, and severely injuring both of them. He then stole their car. Later that day he was caught and arrested. Lunn faces multiple charges, including attempted murder, first-degree assault, first-degree robbery and escape.
The incident prompted angry Japanese government officials to write Oregon Governor Kate Brown demanding answers. After taking several months to respond, Brown initially stood by the program. The Forest Camp has “largely been successful” Brown wrote to a Japanese diplomat.
Of course, the program’s success was little ...
by Mark Wilson
"The law is clearly established that individuals in government custody have a constitutional right to be protected against a heightened exposure to serious easily communicable diseases,” concluded United States Magistrate Stacie F. Beckerman in denying Oregon prison officials qualified immunity for their coronavirus (COVID-19) response. “The Court ...
by Mark Wilson
On July 16, 2020, the United States Court of Appeals for the Sixth Circuit affirmed a lower court’s dismissal of a federal prisoner’s Bivens action, because First Amendment claims are not cognizable Bivens claims.
Federal prisoner Scott Callahan is incarcerated at the Federal Medical Center in Lexington, ...
by Mark Wilson
A January 2021 watchdog report painted a grim picture of a losing struggle by officials with the federal Bureau of Prisons (BOP) against an outbreak of COVID-19 the previous year at the Federal Correctional Institution (FCI) Terminal Island in San Pedro, California. Ten prisoners died there of ...
by Mark Wilson
The California Prison Industry Authority (CALPIA) was cited on March 1, 2021, by the state Division of Occupational Safety and Health (Cal/OSHA) and fined $24,300 for “serious” violations stemming from a June 2020 exposure to COVID-19 of prisoners employed in a metal fabrication and vehicle-outfitting facility at ...
by Mark Wilson
On July 22, 2020, a rural and politically conservative county in western New York implemented one of the nation’s most progressive transgender jail policies, also agreeing to pay a transgender woman $60,000 to settle a lawsuit stemming from her mistreatment in the Steuben County Jail (SCJ).
The ...
