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Prison Legal News: May, 2004

Issue PDF
Volume 15, Number 5

In this issue:

  1. Prisons Nationwide Fail to Treat HCV Epidemic (p 1)
  2. BOP Doctor Indicted, Pleads Guilty to Sexual Assault (p 6)
  3. From the Editor (p 6)
  4. $50,000 HCV Settlement and New Treatment Protocol Approved in Colorado (p 7)
  5. Colorado Slammed by West Nile Virus But Ignores Prisoners (p 8)
  6. Denial of Grievance Forms Excuses Failure to Exhaust (p 9)
  7. Florida Work Release Prisoners Ripped Off by Private Transport Company (p 10)
  8. Excessive Heat Still Plagues Baltimore Women Detainees (p 11)
  9. Another Troubled North Carolina Jail (p 12)
  10. Third-Party Beneficiaries Can Enforce Terms of Settlement (p 12)
  11. Virginia Legislature Awards Wrongfully Convicted Man $1.5 Million (p 13)
  12. $13,500 Damages Paid to Two Illegally Detained Washington DOC Prisoners (p 13)
  13. Mandamus Available to Review Oregon Disciplinary Orders (p 14)
  14. PLRA Physical Injury Rule Applied to Non-Prison Case (p 14)
  15. Missed HIV Medication Did Not Create a Serious Medical Need (p 15)
  16. Washington Medical Claim Reinstated (p 16)
  17. California Rules Violation for "Repeated Pattern" Must Involve Same Offense (p 16)
  18. Private Settlement Agreement Prohibits Award of Attorney Fees and Costs (p 17)
  19. County Public Defender Liable for Wrongful Conviction (p 18)
  20. Physical Injury Rule Doesn't Bar Strip Search Suit (p 18)
  21. Local Rule Cannot Justify Summary Judgment When Factual Dispute Exists (p 19)
  22. Beating Judgment for Jail Affirmed on Appeal; Costs Issue Remanded (p 20)
  23. PHS Liable for Denying Insulin to Diabetic New Jersey Jail Prisoner (p 20)
  24. New Jersey Prisoners May Confront Accusers in Disciplinary Hearings (p 21)
  25. New Jersey Supreme Court Upholds $1.6 Million Harassment Verdict (p 22)
  26. Two Level Review Required for Publication Rejection, but Qualified Immunity Granted (p 22)
  27. BOP Rule Denying Early Release Eligibility Violates APA (p 23)
  28. Certification for Interlocutory Appeal Order Discussed in California Prison Labor Suit (p 24)
  29. Discipline Without Notice Violates Due Process; BOP Administrative Exhaustion May Be Excused (p 24)
  30. No Ex Post Facto Violation in Forcing Washington Prisoner to Take Stress and Anger Classes (p 25)
  31. New Trial Ordered in Washington Strip Cell Conditions Suit (p 26)
  32. Pretrial Detainee Has Limited Right to Litigate Civil Matters (p 26)
  33. Applicability of FTCA to BOP Causes Circuit Split (p 27)
  34. $15 Million Award for Wrongful Conviction Upheld (p 28)
  35. Absence of AEDPA in Texas Law Library May Toll Limitations (p 28)
  36. NYPD Commissioner Charged With Stealing $112,733.98 from Jail Prisoner Fund (p 29)
  37. Dismissal Sanction for Prisoner's Refusal to Be Deposed Without Court Order Reversed (p 30)
  38. Kansas Grievance Procedures Inapplicable in Negligence Action (p 30)
  39. Illinois County Necessary Party in Suit Against Elected Official (p 31)
  40. Confinement for Willful Failure to Pay LFOs Upheld (p 31)
  41. No Crueler Tyrannies: Accusation, False Witnesses, and Other Tyrannies of Our Times (p 32)
  42. Texas Monitors Prisoners for-Signs of Al-Qaeda Recruitment (p 32)
  43. Virginia Prison Vendors Lose Contracts to Out-of-State Supplier (p 33)
  44. BOP Medical Detainees Not Subject to PLRA (p 33)
  45. Jailhouse Snitch Enlisted in War on Terrorism Behind Bars (p 34)
  46. Innocent Ohio Man Paid $750,000 for 10 Years Imprisonment (p 35)
  47. Tennessee Officials Pay $450,000 to Settle Lawsuit in Detainee's Murder by Guards (p 35)
  48. Texas Probation Officer Charged With Having Juvenile Probationer's Baby (p 36)
  49. $252,000 Awarded in Kansas Prisoner's Suicide (p 36)
  50. Ohio Native American Prisoner Granted Injunction to Grow Long Hair (p 37)
  51. Dismissal of Prisoner's Divorce Petition Is Abuse of Discretion (p 37)
  52. DOJ Investigation: Conditions in Arkansas Prisons Unconstitutional (p 38)
  53. Washington Prisoners Get Credit for Time Spent at Liberty (p 39)
  54. Tennessee Supreme Court Holds No Procedural Protection Needed for $5 Fine (p 40)
  55. California's New Governor Must Reconsider Former Governor's Parole Reversal (p 40)
  56. Washington Failure to Disclose Prison-Phone-Rate Suit Dismissed, State Supreme Court Grants Review (p 41)
  57. Indiana Appeals Court Allows Prisoner to Sue to Receive Pornography (p 41)
  58. News in Brief (p 42)
  59. Minnesota Pay-To-Stay Programs Don't Deliver (p 44)

Prisons Nationwide Fail to Treat HCV Epidemic

Prisons Nationwide Fail To Treat HCV Epidemic

by John E. Dannenberg


The JeopardyTM answer is: "The national average treatment rate for HCV-infected prisoners." The winning question is: "What is approximately 1%?"


With HCV [Hepatitis-C] infection rates in state prisons nationwide estimated at between 16 and 41%, state prisoners account for ...

BOP Doctor Indicted, Pleads Guilty to Sexual Assault

BOP Doctor Indicted, Pleads Guilty To Sexual Assault

by Bob Williams


On May 14, 2003, Dr. Carlos Baez, 41, a staff obstetrician-gynecologist in the Federal Bureau of Prisons (BOP), was indicted on three counts of sexual abuse of a ward for having sexual intercourse with three prisoners between November 2002 ...

From the Editor

This issue marks the 14th anniversary of Prison Legal News. With this issue we will have published 169 issues. At this point, PLN is the longest, continuously publishing independent publication whose content is mostly written and produced by prisoners and ex-prisoners in American history. When PLN was started in 1990 ...

$50,000 HCV Settlement and New Treatment Protocol Approved in Colorado

$50,000 HCV Settlement and New Treatment Protocol
Approved in Colorado

by Bob Williams


The federal district court in Colorado has approved a settlement awarding $50,000 and treatment for hepatitis-C (HCV) infection to six named plaintiffs. The Colorado Department of Corrections (CDOC) has instituted a new treatment protocol as ...

Colorado Slammed by West Nile Virus But Ignores Prisoners

Loren Gasiorowski, 41, awoke one morning with a big mosquito bite on his forearm and one on his shoulder. Within days he couldn't leave his cell. After being sick for two weeks he couldn't take it any more. He decided to run the gauntlet required for medical access ...

Denial of Grievance Forms Excuses Failure to Exhaust

Denial of Grievance Forms Excuses
Failure to Exhaust


The U.S. Third Circuit Court of Appeals reversed a Pennsylvania federal district court's dismissal of a state prisoner's civil rights suit for failure to state a claim.


Pennsylvania prisoner Mark Mitchell was incarcerated at the State Correctional Institution at ...

Florida Work Release Prisoners Ripped Off by Private Transport Company

Florida Work Release Prisoners Ripped Off
by Private Transport Company

by David M. Reutter


In response to a new law, effective Oc-tober 1, 2003, that prohibited state prisoners from driving state vehicles, the Florida Department of Corrections (FDOC) hurriedly entered into a no bid contract with Sunshine Transportation to transport ...

Excessive Heat Still Plagues Baltimore Women Detainees

Despite a 2002 federal district court Consent Order finding conditions at the Women's Detention Center of the Baltimore City Detention Center (WDC) unconstitutional due to excessive heat and despite an injunction issued to immediately remedy the problem, WDC women continue to suffer through the excruciating heat and humidity of ...

Another Troubled North Carolina Jail

Prisoner suicides, mistaken releases, jailers indicted for selling drugs and dispensing sex, prisoners caught with drugsall occurred at the Cumberland County Detention Center, a $36 million North Carolina jail, in the seven months following its February 2003 opening.


On March 23, 2003, shortly after 1 a.m., Army Sgt. William ...

Third-Party Beneficiaries Can Enforce Terms of Settlement

The Tenth Circuit court of appeals has held that a prisoner was entitled to seek enforcement of a two-decade old settlement agreement as a third-party beneficiary and invoke the court's continuing jurisdiction. In 1981, Kenneth Floyd and nine other Colorado state prisoners filed a § 1983 complaint against the Department ...

Virginia Legislature Awards Wrongfully Convicted Man $1.5 Million

The Virginia legislature has passed a bill awarding nearly $1.5 million to a man who spent 15 years in prison for a crime he did not commit.


Marvin Anderson was convicted by a Virginia court in December 1982 of abduction, sodomy, rape and robbery. He was sentenced to 210 ...

$13,500 Damages Paid to Two Illegally Detained Washington DOC Prisoners

The Washington state Division of Risk Management (DRM) paid claims totaling $13,000 to two state prisoners who were illegally arrested and incarcerated by the Washington Department of Corrections. Michael Buffington had been sentenced in King County Superior Court to two months county jail for possession of heroin. The court ...

Mandamus Available to Review Oregon Disciplinary Orders

The Oregon Court of Appeals held that prison disciplinary orders may be challenged in a mandamus action. The court also held that the trial court erred in imposing previously deferred filing fees.


For many years, Oregon prisoners could challenge certain prison disciplinary orders on judicial review in the Oregon Court ...

PLRA Physical Injury Rule Applied to Non-Prison Case

PLRA Physical Injury Rule Applied
to Non-Prison Case


The Eleventh Circuit Court of Appeals has held that the Prison Litigation Reform Act (PLRA) applies to lawsuits that claim injuries suffered during custodial episodes, even if such custody occurred outside prison walls. Louis Napier was arrested for trespass by two Jacksonville ...

Missed HIV Medication Did Not Create a Serious Medical Need

The U.S. Court of Appeals for the Second Circuit affirmed a district court's denial of a motion for new trial by an HIV+ prisoner who complained that there was insufficient evidence to support the jury's verdict against him.


Willie Carpenter was diagnosed with the human immunodeficiency virus ...

Washington Medical Claim Reinstated

The U.S. Ninth Circuit Court of Ap-peals reversed part of a grant of summary judgment to Washington State Penitentiary (WSP) officials in an Eighth Amendment challenge of WSP medical policies and practices.


WSP prisoner Garrett Linderman sued WSP officials under 42 U.S.C. § 1983 for deliberate indifference to ...

California Rules Violation for "Repeated Pattern" Must Involve Same Offense

California Rules Violation For "Repeated Pattern" Must Involve Same Offense


The California Court of Appeal held that the California Department of Corrections' (CDC) regulation elevating a repeat infraction of an "administrative" violation to the level of a "serious" rules violation may only be invoked if the new violation is of ...

Private Settlement Agreement Prohibits Award of Attorney Fees and Costs

Private Settlement Agreement Prohibits Award
of Attorney Fees and Costs

by David M. Reutter


In a case of great importance to lawyers litigating prisoner actions where private settlement agreements are a consideration, the Eighth Circuit Court of Appeals has reversed a $379,000 award for attorney fees and costs granted ...

County Public Defender Liable for Wrongful Conviction

The U.S. Ninth Circuit Court of Ap-peals, sitting en banc, reinstated a former Nevada Death Row prisoner's 42 U.S.C. § 1983 suit against Clark County, Nevada, and the County's Chief Public Defender.


Roberto Miranda was convicted of a 1981 murder and sentenced to death. He spent ...

Physical Injury Rule Doesn't Bar Strip Search Suit

Vacating dismissal by the U.S. District Court, Northern District of Illinois, the U.S. Seventh Circuit Court of Appeals held that a prisoner adequately pleaded an Eighth Amendment violation in a prison strip-search and that 42 U.S.C. § 1997e(e) does not bar suit where the only injuries ...

Local Rule Cannot Justify Summary Judgment When Factual Dispute Exists

by David M.Reutter


The Ninth Circuit Court of Appeals held the failure to file an opposing pleading, as required by local rule, in response to a motion for summary judgment is not grounds for entry of final judgment against the non-moving party when genuine disputes of material facts exist ...

Beating Judgment for Jail Affirmed on Appeal; Costs Issue Remanded

The U.S. Tenth Circuit Court of Appeals affirmed a district court grant of judgment as a matter of law to a Kansas county in an excessive use of force claim brought against county jailers after a jury ruled against the county. The court, however, remanded the district court order ...

PHS Liable for Denying Insulin to Diabetic New Jersey Jail Prisoner

The U.S. Third Circuit Court of Appeals reversed the U.S. District Court (New Jersey) on its dismissal of a pretrial detainee's state law medical malpractice claims and summary judgment for jail defendants of the detainee's claims under 42 U.S.C. § 1981 and 1983.


Daniel Natale ...

New Jersey Prisoners May Confront Accusers in Disciplinary Hearings

In response to a ruling by the Superior Court of New Jersey, Appellate Division, the New Jersey Department of Corrections has announced that they will afford prisoners the opportunity to question their accusers in person during disciplinary hearings, regardless of whether the accusers are other prisoners or guards.


The catalyst ...

New Jersey Supreme Court Upholds $1.6 Million Harassment Verdict

by Matthew T. Clarke


The Supreme Court of New Jersey up-held one of the largest female-on-male sexual harassment compensatory damage awards and fees, sending the even larger punitive damage award back to the trial court for reconsideration.


Robert L. Lockley, a New Jersey Department of Corrections (DOC) guard filed suit ...

Two Level Review Required for Publication Rejection, but Qualified Immunity Granted

The Ninth Circuit Court of Appeals held the failure to provide a two-level review process when rejecting incoming publications violated procedural due process, but granted prison officials qualified immunity for the violation. Arizona prisoner Lawrence Krug filed a 42 U.S.C. § 1983 action seeking injunctive relief and monetary damages ...

BOP Rule Denying Early Release Eligibility Violates APA

A federal court in Oregon held that Bureau of Prisons (BOP) drug treatment rules violate the Administrative Procedures Act (APA).


"18 U.S.C. § 3621(b) directs the Bureau of Prisons (BOP) to provide substance abuse treatment to those prisoners who have a `treatable condition of substance addiction or abuse ...

Certification for Interlocutory Appeal Order Discussed in California Prison Labor Suit

A California federal district court has declined to certify an order for interlocutory appeal because the factual and legal issues in this case are not complex and will not necessitate protracted and expensive litigation. Richard P. Loritz, II, a prisoner at California's R.J. Donovan Correctional Facility, brought this ...

Discipline Without Notice Violates Due Process; BOP Administrative Exhaustion May Be Excused

Discipline Without Notice Violates Due Process;
BOP Administrative Exhaustion May Be Excused


A federal district court in Oregon held that a federal prisoner's procedural default in failing to exhaust administrative remedies would be waived. The court also held that disciplining a prisoner for violation of a rule he had ...

No Ex Post Facto Violation in Forcing Washington Prisoner to Take Stress and Anger Classes

No Ex Post Facto Violation in Forcing Washington Prisoner
to Take Stress and Anger Classes


The Washington state supreme court unanimously held that a prisoner determined by the Washington state Department of Corrections (DOC) to require Stress and Anger Management (SAM) classes can be forced to take such classes or ...

New Trial Ordered in Washington Strip Cell Conditions Suit

The Ninth circuit court of appeals has reversed for a new trial a Washington state prisoner's claim that he was placed in barbaric strip cell conditions for ten days because the district court allowed prejudicial hearsay testimony to be admitted in the jury trial held before judge Franklin Burgess ...

Pretrial Detainee Has Limited Right to Litigate Civil Matters

The U.S. Court of Appeals for the Ninth Circuit affirmed a district court's dismissal of a state prisoner's claim that he was denied access to court because he was detained in jail on an unrelated criminal matter.


In April 1995, Christopher Simmons was involved in a two-car ...

Applicability of FTCA to BOP Causes Circuit Split

Applicability of FTCA to BOP
Causes Circuit Split

by David M. Reutter


Three recent federal circuit court rul-ings exhibit a dispute between the circuits as to whether the Federal Tort Claims Act (FTCA) applies to property claims against the federal Bureau of Prisons (BOP). Each of these cases, filed by ...

$15 Million Award for Wrongful Conviction Upheld

$15 Million Award for Wrongful
Conviction Upheld


The U.S. Court of Appeals for the Seventh Circuit affirmed a district court's denial of qualified immunity for two Chicago policemen who had concealed evidence and induced witnesses to testify falsely against a man wrongfully convicted of murder.


James Newsome was ...

Absence of AEDPA in Texas Law Library May Toll Limitations

by Matthew T. Clarke


The Fifth Circuit court of appeals has held that the absence of a copy of the Anti Terrorism and Effective Death Penalty Act, (AEDPA) in a Texas prison's law library coupled with the prisoner's lack of knowledge of the passage of the AEDPA may ...

NYPD Commissioner Charged With Stealing $112,733.98 from Jail Prisoner Fund

NYPD Commissioner Charged With Stealing $112,733.98
from Jail Prisoner Fund

By Matthew T. Clarke


On July 11, 2003, NYPD Deputy Po-lice Commissioner of Community Affairs Fredrick J. Patrick, 38, was arrested on federal charges that he looted close to $113,000 from the New York City Correctional Foundation ...

Dismissal Sanction for Prisoner's Refusal to Be Deposed Without Court Order Reversed

Dismissal Sanction for Prisoner's Refusal to be Deposed Without Court Order Reversed


The Tenth Circuit Court of Appeals held that considering a prisoner's refusal to be deposed absent a court order, as a factor to enter a sanction of dismissal is improper. The Court further held the failure ...

Kansas Grievance Procedures Inapplicable in Negligence Action

The Kansas Court of Appeals held that a state prisoner was not required to follow prison grievance procedures to exhaust administrative remedies before filing a negligence action. The court also held that the prisoner was not required to: file his claim with the prison and legislature's joint committee on ...

Illinois County Necessary Party in Suit Against Elected Official

Illinois County Necessary Party in Suit
Against Elected Official


In a case of great importance to those seeking damages in suits on jail conditions in Illinois, the Seventh Circuit Court of Appeals held a county must satisfy any judgment or settlement of a lawsuit against a Sheriff in his official ...

Confinement for Willful Failure to Pay LFOs Upheld

The Washington state court of appeals held that confining a criminal defendant for 60 days for failing to pay his legal financial obligations (LFOS) was proper.


In 1993, John Woodward pleaded guilty to burglary and auto theft charges, for which he was sentenced to 36 months in prison and to ...

No Crueler Tyrannies: Accusation, False Witnesses, and Other Tyrannies of Our Times

by Dorothy Rabinowitz. 2003. Free Press, ISBN: 0-7432-2834-0

Review by Robert Woodman


"There is no crueler tyranny than that which is perpetrated under the shield of law and in the name of justice." These words, uttered by Charles-Louis de Secondat, Baron de Montesquieu, in 1742, inspire the title and the ...

Texas Monitors Prisoners for-Signs of Al-Qaeda Recruitment

by Matthew T. Clarke


Fears of possible al-Qaeda recruitment among prisoners in U.S. prisons have led officials to take a fresh look at prisoners with a view to their possible recruitment by al-Qaeda. Texas has taken the process to an extreme, closely monitoring the state's ll4 prisons for ...

Virginia Prison Vendors Lose Contracts to Out-of-State Supplier

Three Virginia retailers who made their money from prisoner earnings now find themselves in financial trouble. In August 2003, when the Virginia Department of Corrections (DOC) relinquished management of prison commissaries to St. Louis-based Keefe Supply Co., three Virginia vendors filed suit against the prisons in Richmond Circuit Court.


Virginia ...

BOP Medical Detainees Not Subject to PLRA

In a brief per curiam opinion, the court of appeals for the Eighth circuit held that a Federal Medical Center detainee in Missouri was exempt from the administrative exhaustion provisions of the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(a).


The court held that civilly committed detainees ...

Jailhouse Snitch Enlisted in War on Terrorism Behind Bars

Scott Lee Martin couldn't help himself. After a decade locked up in a half-dozen federal prisons where snitches, rats, informantsor whatever the regional prison slang calls those who tell on othersare detested, spat upon, beaten, even killed for their acts, Martin decided to become the honorable snitch. "Whether his ...

Innocent Ohio Man Paid $750,000 for 10 Years Imprisonment

In 1991, Jimmy "Spunk" Williams, 32, was convicted of raping a 12 year-old girl, and sentenced to life in prison. Williams was appointed attorney Tom Watkins to represent him at a December 2001 parole hearing. Convinced of Williams' innocence, Watkins set up a meeting with the victim's father. Three ...

Tennessee Officials Pay $450,000 to Settle Lawsuit in Detainee's Murder by Guards

Tennessee Officials Pay $450,000 to Settle Lawsuit
in Detainee's Murder by Guards

by David M. Reutter


Wilson County and City of Lebanon, Tennessee, jail officials agreed to pay the widow of Walter Steven Kuntz $450,000 to settle a lawsuit that charged jail guards beat him to death ...

Texas Probation Officer Charged With Having Juvenile Probationer's Baby

Texas Probation Officer Charged With Having
Juvenile Probationer's Baby

by Gary Hunter


Laura Hernandez, a 32 year old probation officer, was arrested October 30, 2003 when it was discovered that the father of her child was only 16 years old.


The boy had been placed on probation for possession ...

$252,000 Awarded in Kansas Prisoner's Suicide

The suicide of Scotty Ray Sisk, a prisoner at Kansas' Shawnee County Department of Corrections (KDOC) has resulted in an award of $252,000 to his parents. On July 6, 1999, Sharon Sisk called the prison and told guard Joel Manzanares that she thought her son was suicidal and had ...

Ohio Native American Prisoner Granted Injunction to Grow Long Hair

Ohio Native American Prisoner Granted Injunction
to Grow Long Hair

by David M. Reutter


An Ohio federal district court has granted a prisoner at Ohio's Madison Correctional Institute (MCI) a preliminary injunction that allows him to grow his hair in accordance with his religious beliefs. Prisoner Cornelius Wayne Hoevenaar ...

Dismissal of Prisoner's Divorce Petition Is Abuse of Discretion

Dismissal of Prisoner's Divorce Petition
Is Abuse of Discretion


A Texas state court of appeals has reversed the dismissal for want of prosecution of a Texas prisoner's divorce action. Joe Lee Buster, a Texas state prisoner, filed a suit for divorce. He was unable to locate his wife ...

DOJ Investigation: Conditions in Arkansas Prisons Unconstitutional

Conditions at the McPherson and Grimes Correctional Units in Newport, Arkansas are unconstitutional, the U.S. Department of Justice concluded after an 18-month investigation. According to the investigation report, dated November 25, 2003, investigators found that prisoners at both units experienced deliberate indifference to their serious medical needs, were not ...

Washington Prisoners Get Credit for Time Spent at Liberty

The Washington State Supreme Court has held that prisoners mistakenly released early by the State Department of Corrections (DOC) are entitled to credit against their sentences for the time they spend out of custody. In so ruling, the state supreme court adopted the federal equitable doctrine of "credit for time ...

Tennessee Supreme Court Holds No Procedural Protection Needed for $5 Fine

Tennessee Supreme Court Holds No Procedural Protection
Needed for $5 Fine

by Matthew T. Clarke


On August 23, 2003, the Supreme Court of Tennessee (SCTN) held that 30-days punitive segregation followed by administrative segregation of unstated duration were not "atypical and significant" events in prison life and being so punished ...

California's New Governor Must Reconsider Former Governor's Parole Reversal

by John E. Dannenberg


The California Court of Appeal found that former Governor Davis's reversal of the grant of parole for a second degree murderer was not wholly supported by "some evidence," and returned the case for a new review by recently-elected Governor Arnold Schwarzenegger.


Ernest Smith, a California ...

Washington Failure to Disclose Prison-Phone-Rate Suit Dismissed, State Supreme Court Grants Review

Division I of the Washington State Court of Appeals has affirmed a trial court dismissal of an action challenging phone companies' failure to disclose the rates for collect calls made by Washington prisoners. Relief was denied because the plaintiffs did not bring the appropriate agency into the suit and did ...

Indiana Appeals Court Allows Prisoner to Sue to Receive Pornography

The Court of Appeals of Indiana, partly reversing the Marion Superior Court, held that an Indiana Department of Corrections (DOC) prisoner can sue the DOC for its refusal to let him receive pornographic material.


Jerry Montgomery is a DOC prisoner at the Indiana State Prison (ISP). He sought to receive ...

News in Brief

Alabama: On February 3, 2004, Phillip Brown, 23, a former state prisoner, boarded a work release bus transporting prisoners to work and abducted prisoner Okoni Lattimore, 28, at gunpoint. Lattimore later turned himself in to prison officials. He suffered a severe beating, including the loss of several teeth. Brown had ...

Minnesota Pay-To-Stay Programs Don't Deliver

Minnesota counties are finding out that charging prisoners for staying in jail is not the cash cow they had hoped for.


Forcing prisoners to pay for their own incarceration has become a national trend. In the summer of 2003 the Minnesota legislature followed suit, enacting legislation allowing counties to implement ...