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Prisoner Education Guide

Prison Legal News: February, 2005

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Volume 16, Number 2

In this issue:

  1. HR-4079: A National Crime Emergency? (p 1)
  2. Kentucky Prison Guard Awarded $34,000 in Sexual Harassment Suit (p 5)
  3. California Latino Gang Members Locked Down Over 20 Months; Narrow U.S. Attorney Criminal Review Finds "No Abuses" (p 6)
  4. Tenth Circuit Reverses Dismissal of PLN Suit Challenging Kansas DOC Ban On Gift Subscriptions (p 7)
  5. From the Editor (p 8)
  6. Report Lambastes New York Lockdowns (p 9)
  7. Report Lambastes New York Lockdowns (p 11)
  8. Habeas Hints (p 12)
  9. Oregon HCV Class Action Settled; Limitations Period for Individual Damages Actions Tolled (p 14)
  10. Expert Panel Significantly Revises Oregon's HCV Guidelines (p 16)
  11. Alabama Settles Class Action Medical Suit; Institutes HCV Treatment Protocol (p 18)
  12. Jury Awards $500,000 to Massachusetts Jail Guard Harassed for Breaking Code of Silence (p 19)
  13. Three Americans Convicted of Running Sham Military Jail in Afghanistan (p 20)
  14. South Carolina Prison Industry Program Problematic, Audit Finds (p 22)
  15. Doctors of Death and the Medicalization of State Murder (p 23)
  16. California Sex Offender Satisfies Registration Obligation If He Mails Notice (p 24)
  17. Prisoner's Release Fails to Excuse PLRA's Exhaustion Requirement (p 24)
  18. New Jersey Jail Guard Settles Elevator Fall Suit for $750,000 (p 26)
  19. AEDPA One-Year Clock Starts When Administrative Parole Appeal Is Denied (p 26)
  20. Tough Justice Leads To Quadriplegic's Death In CCA-Operated D.C. Jail (p 27)
  21. Government Says No Criminal Conduct in New Jersey Mass Prisoner Beating, But Jury Awards Abused Prisoner $19,000; Sexual Harassment Suit Settled for $250,000 (p 28)
  22. Rikers Island Gunshot Victims' Suit Dismissed (p 28)
  23. Qualified Immunity Denied In Failure To Protect And Delay of Emergency Treatment (p 29)
  24. CMS Liable for Prisoner's Failed Hip Prosthesis; $75,000 Awarded (p 30)
  25. California Prisoner Trust Accounts Allegedly Used To Launder Gang Drug Taxes (p 30)
  26. Absolute Immunity For Acting On Court Order Denied In Failure To Protect Claim (p 31)
  27. California Sexual Predator Unconditionally Released (p 32)
  28. New York Prisoner Awarded $105,000 for Shoulder Injury (p 32)
  29. New York's Felon Disenfranchisement Law Not Saved By Federal Voting Rights Act (p 33)
  30. Connecticut Prison Writers Settle Lawsuit, Writing Program Reinstated (p 34)
  31. Los Angeles County Pays $800,000 To Settle County Jail Medical Suit for Untreated Lupus (p 35)
  32. Seventh Circuit Interprets "Brought" As Used 42 U.S.C. § 1197e(a) (p 35)
  33. Oregon Prisoner's Allegation of Economic Damages States Sufficient Claim (p 36)
  34. Ninth Circuit: "Chilling Effect" Not Required To Establish First Amendment Violation (p 36)
  35. BOP Ad-Seg Rules Create a Liberty Interest (p 37)
  36. Massachusetts Jail Prisoner Awarded $20,000 For Crushed Knuckle (p 38)
  37. Oregon Parole Increase Following Appeal Violates Due Process, Presumption of Vindictiveness Applies (p 38)
  38. Federal Court Orders Mississippi to Desegregate HIV+ Prisoners (p 39)
  39. California Demands $1.6 Million In Diverted Telephone Revenues From Private Prison Contractor (p 39)
  40. Iowa Must Give Kosher Meals to Civilly Committed Sex Offender (p 40)
  41. Texas County, Deputy Settle Sex Assault Case For $50,000 (p 40)
  42. Are Prisons Obsolete? (p 41)
  43. News in Brief (p 42)
  44. California Prosecutor Fights Deportation Of Paroled Sex Offenders (p 44)

HR-4079: A National Crime Emergency?

Just when you thought it couldn't get any worse, it does. Supreme Court Justice William Brennan, Jr., resigned his seat, leaving President Bush to name an even more reactionary successor. Not only will the pro-choice Roe v. Wade ruling fall by the wayside, making life for women increasingly difficult, but we behind bars can expect an even faster rollback of gains won by prisoners as a result of their struggles during the late `60's and early `70's.

The growing reactionary trend is not limited to the judicial arena, either. On the legislative front we are being confronted with a pair of draconian crime bills that make past legislative outrages look like liberal blessings.

Both the U.S. House and Senate have major anti-crime bills pending. In mid-July the Senate passed and sent on to the House a bill authorizing capital punishment for 32 different offenses - from treason to killing a nuclear regulatory inspector (watch out all you would be killers of nuclear regulatory inspectors). The Senate would also limit the appeals of death-row prisoners, making for quicker state-sanctioned murders; expand the police powers of the FBI; authorize massive funding for the building of new prisons, etc.

While ...

Kentucky Prison Guard Awarded $34,000 in Sexual Harassment Suit

Kentucky Prison Guard Awarded $34,000
in Sexual Harassment Suit

On May 27, 2003, a state circuit court in Oldham, Kentucky, awarded prison guard Karen Lemarr a total of $34,000 for the lost wages, embarrassment, and emotional distress she suffered as a result of a coworker's sexual harassment.

On June 13, 1999, Lemarr was monitoring prisoners from Wall Box 11 at the Kentucky State Reformatory. Noticing the box was dirty, she called for a clean up. Prison guard Marvin Robinson responded. According to Lemarr, once Robinson was inside the cramped wall box he exposed himself to her and made lewd comments. Lemarr was upset but continued to perform her duties. Robinson returned to the wall box 30 minutes later. When Lemarr noticed him this time, he was masturbating.

Lemarr quickly notified another prison official of the incident. Although she discussed the matter with him several more times over the next few days, Ray took no action.

Ten days later Lemarr notified another prison official of the incident. An ensuing investigation resulted in Robinson's termination. Robinson appealed and was reinstated by a personnel board. He quickly retired but continued to deny Lemarr's allegations.

Lemarr sued the Kentucky ...

California Latino Gang Members Locked Down Over 20 Months; Narrow U.S. Attorney Criminal Review Finds "No Abuses"

California Latino Gang Members Locked Down Over 20 Months; Narrow U.S. Attorney Criminal Review Finds "No Abuses"

Latino gang members at California's 124 year-old Folsom State Prison (FSP) were locked down for over 20 months following a riot where "Southern" Hispanic gang members attacked their rival "Northern" Hispanics on April 8, 2002 - injuring 24 prisoners and permanently disabling one guard. Despite over 100 grievance appeals filed, scores of "Northern" affiliates who refused to agree not to initiate retaliation were still being denied two hot meals per day, daily showers, outdoor exercise, telephone calls, canteen, visiting and religious services.

Moreover, a U.S. Attorney review requested on February 6, 2004 by Governor Arnold Schwarzenegger was closed on June 15, 2004 - reporting "no human rights abuses" in the aftermath of the riots. A skeptical California State Senator Jackie Speier called the limited paper review inadequate: "A lot of fireworks but no powder."

After the 2002 melee and total lockdown of FSP's 3,500 prisoners, groups of prisoners were unlocked after signing non-aggression agreements. But handling of the situation has remained contentious. In December, 2003, then California Department of Corrections (CDC) Director Edward Alameida fired FSP Warden Diana Butler over ...

Tenth Circuit Reverses Dismissal of PLN Suit Challenging Kansas DOC Ban On Gift Subscriptions

Tenth Circuit Reverses Dismissal of PLN Suit Challenging
Kansas DOC Ban On Gift Subscriptions

by John E. Dannenberg

The Tenth Circuit U.S. Court of Appeals reversed and remanded the district court's grant of summary judgment to prison officials (see: Zimmerman v. Simmons, 260 F.Supp.2d 1077 (D. Kan. 2003)) which had upheld a Kansas Department of Corrections' (KDOC) regulation effectively banning all gift magazine subscriptions (including, notably, PLN) to Kansas prisoners. Importantly, the Tenth Circuit held that Prison Legal News, Inc. (PLN) had a due process right to be notified by KDOC whenever KDOC refused to deliver PLN to a prisoner.

PLN and Kansas prisoners Kris Zimmerman and Joseph Jacklovich, Sr. had filed separate suits against various KDOC officials (Charles Simmons, Kansas Secretary of Corrections, et al.) in U.S. District Court under 42 U.S.C. § 1983 for injunctive relief and damages. [See: PLN, July 2002, p.8.] The plaintiffs seek to overturn KDOC regulation 44-12-601, a personal property limitation rule requiring, inter alia, that all magazine subscriptions for KDOC prisoners be directly purchased via a prison Special Purchase Order (SPO) from funds in the prisoner's trust account, in an amount not to exceed $30 ...

From the Editor

The index for the 2004 issues of PLN is now ready and available for shipping. PLN's indexes are a great stand alone research tool as well as the best tool to maximize the use of PLN as a research tool. Each index lists all PLN articles by issue and article title and topics can be researched by case name as well as topic. With more than 500 individual topics, any subject can be quickly pinpointed and at a glance provide information such as the state of origin, case outcome, damage and attorney fee award, injunctions, and much more. The 2004 index is a bargain at only $10.00. Or purchase a combined 2002, 2003 and 2004 index for only $22.50. Indexes can be ordered from PLN on the ordering form in this issue on pages 45 and 46.

As this issue of PLN goes to press our matching grant fundraiser is still going on and we won't know if we have met our $25,000 goal until next month's issue of PLN . Since we remain reader supported, any donations above the cost of a subscription are what allow us to continue our work.

This issue contains ...

Report Lambastes New York Lockdowns

by: Michael Rigby

Emotional and physical distress...restricted diets... "greeting beatings" ...high rates of mental illness...a reliance on warehousing instead of treatment. This is the troubling reality of disciplinary confinement in New York, according to a 54-page report released on October 22, 2003, by the New York Correctional Association (NYCA), a nonprofit prisoner-advocacy group.

Build `em . According to the report, the proliferation of lockdowns in New York, as in other states, has been fueled as much by economic considerations as any legitimate interest in prison security. After eliminating parole for violent offenders in 1995, New York received nearly $200 million in federal funds for prison construction under Bill Clinton's 1994 Violent Crime Control and Law Enforcement Act. Between 1997 and 2000, the state used this money to construct 10 modern day high-tech lockdown facilities, bringing the total to 11.

In other states these prisons would be called "supermax." But New York prison officials resist that term. "Either way," notes the report, "conditions are basically the same: 23 hour lockdown, enforced idleness, and extreme isolation." The majority of the 5,000 prisoners in disciplinary confinement reside in these high-tech lockdowns (two, Southport and Upstate, comprise entire prisons; the other ...

Report Lambastes New York Lockdowns

by: Michael Rigby

Emotional and physical distress...restricted diets... "greeting beatings" ...high rates of mental illness...a reliance on warehousing instead of treatment. This is the troubling reality of disciplinary confinement in New York, according to a 54-page report released on October 22, 2003, by the New York Correctional Association (NYCA), a nonprofit prisoner-advocacy group.

Build `em . According to the report, the proliferation of lockdowns in New York, as in other states, has been fueled as much by economic considerations as any legitimate interest in prison security. After eliminating parole for violent offenders in 1995, New York received nearly $200 million in federal funds for prison construction under Bill Clinton's 1994 Violent Crime Control and Law Enforcement Act. Between 1997 and 2000, the state used this money to construct 10 modern day high-tech lockdown facilities, bringing the total to 11.

In other states these prisons would be called "supermax." But New York prison officials resist that term. "Either way," notes the report, "conditions are basically the same: 23 hour lockdown, enforced idleness, and extreme isolation." The majority of the 5,000 prisoners in disciplinary confinement reside in these high-tech lockdowns (two, Southport and Upstate, comprise entire prisons; the other ...

Habeas Hints

This column is intended to provide "habeas hints" to prisoners who are handling habeas corpus petitions as their own attorneys ("in pro per"). The focus of the column is post-conviction practice under the AEDPA, the 1996 law which now governs habeas corpus practice throughout the U.S.

Some Useful Post-Conviction Motions

In this column, we take a look at some of the most useful post-conviction motions for dealing with issues other than those which are normally addressed in a federal habeas corpus petition by a state prisoner.

§ 2255:

Motion to Vacate Sentence by Federal Prisoner

The 28 U.S.C. § 2255 motion to vacate sentence is the federal prisoner's equivalent of the petition for writ of habeas corpus by a state prisoner [§ 2254]. A prisoner convicted in federal court and seeking to get the conviction and sentence set aside on constitutional grounds must do so by filing a § 2255 motion in the U.S. District Court where the defendant was sentenced.

There are many similarities between the § 2255 motion and the § 2254 petition: (1) The AEDPA statute of limitations, which requires filing within 1 year after the conviction becomes "final" (i.e., 90 days after the conviction is affirmed ...

Oregon HCV Class Action Settled; Limitations Period for Individual Damages Actions Tolled

Oregon HCV Class Action Settled; Limitations Period
for Individual Damages Actions Tolled

by Mark Wilson

On April 6, 2004, the Class Action suit against the Oregon Department of Corrections (ODOC) for failing to properly diagnose and treat the hepatitis C virus (HCV), was resolved by entry of a comprehensive settlement ...

Expert Panel Significantly Revises Oregon's HCV Guidelines

A panel of hepatitis experts has significantly revised the hepatitis C virus (HCV) guidelines of the Oregon Department of Corrections.

Pursuant to the terms of the settlement resolving Oregon's Class Action HCV suit of Anstett v. State of Oregon , a Medical Review Panel (MRP) was appointed to evaluate and modify ODOC's written HCV guidelines. [See companion story].

On April 16, 2004, the MRP began reviewing ODOC's HCV guidelines for compliance with the community standard of care. The review process was stated to "be completed within 60 days or no later than June 6, 2004[,]" but took considerably longer than anticipated.

In modifying the guidelines the MRP "tried to take into account community practice in Oregon and correctional practice across the country. [It]...also considered how Hepatitis C issues are treated by both national and state bodies that allocate resources or make recommendations."

After disregarding the first 24 pages, the MRP utilized the ODOC's written guidelines as a template for revised guidelines. However, the MRP's revised guidelines represent a vast departure from the original guidelines in numerous important respects, including:

Liver Biopsies

The MRP indicated that liver biopsies are not necessary in every case. "The evidence ...

Alabama Settles Class Action Medical Suit; Institutes HCV Treatment Protocol

Alabama Settles Class Action Medical Suit;
Institutes HCV Treatment Protocol

by John E. Dannenberg

In a major milestone along the Southern Poverty Law Center's (SPLC) march towards gaining humane medical care in Alabama's prisons, a Settlement Agreement was signed in June, 2004 that commits the Alabama Department of ...

Jury Awards $500,000 to Massachusetts Jail Guard Harassed for Breaking Code of Silence

by Matthew T. Clarke

A Boston federal jury has awarded $500,000 to a guard who was harassed at work by other jail employees after he reported misconduct by another guard.

Bruce S. Baron, a former guard at the Suffolk County House of Correction (the jail), filed suit under 42 ...

Three Americans Convicted of Running Sham Military Jail in Afghanistan

Three Americans Convicted of Running Sham
Military Jail in Afghanistan

by Matthew T. Clarke

Three Americans, led by ex-special forces soldier Jonathan Keith Idema, 48, of Fayetteville, North Carolina, have been convicted of running an unauthorized jail in Kabul and torturing Afghans they kidnapped in an attempt to extract information about "terrorists".

Idema, who used the name "Jack," surfaced in Afghanistan as a self-described security consultant to the Northern Alliance (NA) in 2001. The NA teamed with the United States to drive the fundamentalist Muslim Taliban government out of power. Idema, who had been sentenced to federal prison in the United States for defrauding 60 companies of $600,000 in 1994, offered security services to journalists and sold some journalists a videotape of an alleged Al Qaeda training camp that aired on CBS's 60 Minutes in January 2002. He was also featured in the top-selling book, The Hunt for Bin Laden , in which he claims to have fought for ten months with the NA.

The three bearded Americans wore side arms, military-style clothing with U.S. Flags, and dark wrap-around sunglasses. They and their four Afghan helpers arrived in SUVs to take Afghans from their homes, hold them naked ...

South Carolina Prison Industry Program Problematic, Audit Finds

South Carolina Prison Industry Program
Problematic, Audit Finds

by Michael Rigby

The prison industries program of the South Carolina Department of Corrections (SCDC) is improperly managed, likely displaces workers in the surrounding community, and creates an unfair advantage in the marketplace, according to a review performed by the Legislative Audit Council of the state's General Assembly. A report of the audit's findings, which covered a period from July 2001 to June 2003, was released in October 2003.

According to the report, as of August 2003 the SCDC employed over 1,900 prisoners in its Prison Industries Program (PIP). More than 1,200 worked manufacturing goods and providing services for private companies (making it the largest private exploitation of prison labor in the country). These companies compensate the SCDC for the prisoner labor; the SCDC, in turn, pays the prisoners between 35 cents and $6.50 per hour. The other 700 plus prisoners make products or provide services that the SCDC sells to other government entities. These prisoners are paid slave wages ranging from nothing to 60 cents per hour.

The PIP does not have adequate goals or performance measures, according to the report. For instance, auditors found that ...

Doctors of Death and the Medicalization of State Murder

Doctors of Death and the Medicalization
of State Murder

by Michael Rigby

Prisoners often wonder if prison medical personnel really have their best interests at heart. But in the case of Sanjeeva Rao, a Georgia prison doctor, there is no doubt. He aims to see them dead.

When the state of Georgia began using lethal injections in 2000, Rao stopped promoting the health of prisoners and started assisting in their executions. Although Rao doesn't give the injections himself, he does ensure the executions are carried out successfully. If the prisoner's heart continues to beat after the deadly drugs are administered, for instance, Rao prescribes more. In 2001, after a nurse jabbed a needle into Jose High, a former drug addict, for 39 minutes in an unsuccessful attempt to find a usable vein, Rao inserted the needle into High's neck so that the execution could proceed.

Even with many states sanctioning doctor-assisted executions, such acts are forbidden by virtually all codes of medical ethics, including those of state medical boards. The American Medical Association's code reads for example, that "a physician, as a member of a profession dedicated to preserving life when there is hope of doing ...

California Sex Offender Satisfies Registration Obligation If He Mails Notice

California Sex Offender Satisfies Registration
Obligation If He Mails Notice

The California State Supreme Court held that a sex offender satisfies his legal requirement to register with the police and tell them where he is living if he timely mails a notice to them by United States Mail.

David Smith lived in Long Beach, California in April, 1999. On April 10, 1999, he moved to Boulder, Colorado to be near family. He said that on April 12, 1999, he mailed a change-of-address notice to Long Beach Detective James Newland. After nine days in Boulder, he moved to Port Jervis, New Jersey, near his daughter. He notified the California Department of Motor Vehicles and the Franchise Tax Board of his new residence.

Detective Newland said he never received any notice from Smith and did not know his whereabouts. When Smith didn't appear for his annual registration renewal on September 25, 1999, Newland followed Smith's trail and had him arrested in Port Jervis. Port Jervis police stated that during booking, Smith told them he had left Long Beach on April 10 without notifying authorities because he said he wanted "to start a new life." Smith later denied this.

Smith was ...

Prisoner's Release Fails to Excuse PLRA's Exhaustion Requirement

The Sixth Circuit Court of Appeals held the Prison Litigation Reform Act's (PLRA) administrative remedy exhaustion requirement was not excused by the fact the plaintiff had been released at the time the district court considered the motion to dismiss. While a prisoner at a Tennessee federal special needs prison, Jerry L. Cox, filed this action. Cox alleged prison officials assaulted and forcibly medicated him upon the order of the prison's doctor, Jan Mayer. The incident left Cox with a herniated disc in his lower back, which required surgery.

Cox filed an informal grievance. Six months later he had not received a response and he filed this action. Subsequent to filing the complaint, Cox advised the Tennessee Middle District Court he had been released from prison. Mayer moved to dismiss for failure to exhaust administrative remedies. Initially, the Court ordered dismissal, for Cox abandoned those remedies by failing to pursue other administrative remedies within the time frame set by prison procedures when a response was not forthcoming. On rehearing, the Court held that as Cox could immediately refile the action, judicial economy was best served by not dismissing the action. Mayer appealed.

The Sixth Circuit said the issue presented ...

New Jersey Jail Guard Settles Elevator Fall Suit for $750,000

On December 15, 2003, Global Elevator Technologies (GET), a company under contract with the Union County (New Jersey) Jail to provide elevator maintenance services, agreed to pay $750,000 to a guard who suffered back and knee injuries in a December 2000 elevator accident.

The plaintiff, Union County Jail guard Sporer, 30, claimed that after entering the elevator on an upper floor and descending several stories, the elevator car began a free fall at the eighth floor and came to an abrupt stop between the second and third floors.

Sporer contended that he suffered a severe lumbar herniation which later required a discectomy and fusion. The surgery was largely unsuccessful, alleged Sporer, and the recuperation period was long and extremely painful. Sporer also claimed that he continues to suffer severe pain and weakness.

In addition, Sporer allegedly suffered an internal derangement of the left knee that necessitated two arthroscopic surgeries. Although the second arthroscopic surgery was largely successful, Sporer claimed that he will continue to suffer pain and difficulties walking. Sporer's claims were supported by orthopedist Gregory Charko of Woodbridge.

Sporer sued GET alleging that the company had not inspected and maintained the elevator as per the terms of ...

AEDPA One-Year Clock Starts When Administrative Parole Appeal Is Denied

AEDPA One-Year Clock Starts When
Administrative Parole Appeal Is Denied

by John E. Dannenberg

The Ninth Circuit U.S. Court of Appeals held that for 28 U.S.C. § 2254 habeas corpus filing-deadline purposes, the AEDPA one-year filing clock starts at the time that state administrative remedies not state court remedies are exhausted. Thus, the federal jurisdictional one-year filing limitation period is to be calculated as the sum of two components: (1) the interval between the denial of administrative remedies and the commencement of state court remedies, and (2) the interval between the exhaustion of state court remedies and the initial federal court filing under § 2254.

Paul Redd, Jr., a California state prisoner serving a 1976 indeterminate "life" sentence for murder, appealed his denial of parole by the Board of Prison Terms (BPT), which became effective on June 17, 1998. As required, he first exhausted his administrative remedies by filing a BPT Form 1040 appeal, which was denied on December 7, 1998. However, Redd did not file a state habeas corpus petition challenging his parole denial until August 9, 1999. Proceeding to exhaust all state court remedies, he was finally denied relief by the California Supreme Court, effective January 19 ...

Tough Justice Leads To Quadriplegic's Death In CCA-Operated D.C. Jail

Tough Justice Leads To Quadriplegic's Death
In CCA-Operated D.C. Jail

by Michael Rigby

Washington D.C. Superior Court Judge Judith E. Retchin is known for being tough on crime. She's so tough, in fact, that when a quadriplegic man came before her for possessing a small amount of marijuanahis first offenseshe sentenced him to ten days in jail. It was a death sentence.

Jonathan Magbie, 27, spent nearly his entire life paralyzed from the neck down. Struck by a drunk driver at the age of 4, Magbie was confined to a motorized wheelchair that he controlled with his chin. He was barely five feet tall and weighed just 120 pounds. Magbie relied on others for virtually everything, whether scratching an itch or flushing accumulated fluid from his lungs. He could not even breath on his own.

"Jonathan was totally dependent," said his mother, Mary Scott. When asked how he was able to inhale marijuana, she said simply, "he learned to do a lot of things."

Ten days in jail for a first time marijuana possession offense is considered exceptionally punitive by D.C. Superior Court standards. In fact, even the U.S. Attorney's office had not ...

Government Says No Criminal Conduct in New Jersey Mass Prisoner Beating, But Jury Awards Abused Prisoner $19,000; Sexual Harassment Suit Settled for $250,000

Government Says No Criminal Conduct in New Jersey Mass
Prisoner Beating, But Jury Awards Abused Prisoner $19,000;
Sexual Harassment Suit Settled for $250,000

by Matthew T. Clarke

Despite government reports claiming that guards committed no crimes in the alleged mass beating of prisoners at Bayside Prison in 1997, on June 9, 2004, a Camden, New Jersey federal jury awarded a New Jersey prisoner $19,000 for the mistreatment he suffered.

Laverna White, a former New Jersey state prisoner, filed suit under 42 U.S.C. § 1983, alleging he was brutalized by members of the Special Operations Group (SOG) of the New Jersey Department of Corrections (DOC) during a lockdown that followed the fatal stabbing of guard Fred Baker by prisoner Steven Beverly. [See PLN , Nov. 2003, p. 10.] White, who weighed 310 pounds at the time of the July and August 1997 lockdown, was living in a trailer while serving a three-year sentence at the prison farm. He said the abuse started when he asked guard Richard Hinckley if he could shower and wash his clothes. Hinckley called in SOG members who shackled and handcuffed White and carried him, suspended by the shackles and handcuffs, to a maximum-security ...

Rikers Island Gunshot Victims' Suit Dismissed

A New York state court has dismissed a lawsuit brought by two men who claimed they were shot while asleep at the Rikers Island prison in New York City.

Bronx Judge Alison E. Tuitt dismissed the suit on May 21, 2004four days into the trialbecause the prisoners had not shown that the guards knew they were in danger.

Attorney for one of the plaintiffs, Emil J. Sanchez, said the pair would appeal the decision because it is not necessary to show that prison officials knew a danger existed in cases where security procedures were not followed. Sanchez said the city has extensive protocols to ensure that weapons are not smuggled into its prisons.

Three prisoners had originally filed suit: James Mingo and Douglas Harris, who were shot in the chest, and Larry Browning, who was shot in the arm. Mingo withdrew from the lawsuit shortly before the case went to trial.

If the case had not been dismissed early on, the defense intended to argue that the prisoners shot themselves as part of a plan to collect damages from the city. According to Mark S. Cheffo, an attorney representing the city, investigators learned of the plan from Mingo's girlfriend ...

Qualified Immunity Denied In Failure To Protect And Delay of Emergency Treatment

Qualified Immunity Denied In Failure To
Protect And Delay of Emergency Treatment

by Bob Williams

The Sixth Circuit Court of Appeals has held that guards are not entitled to qualified immunity for failing to segregate co-defendants in a known hostile relationship and that doctors are not entitled to qualified immunity in delaying emergency treatment after an assault.

Alfred Scicluna was attacked in the Michigan State Muskegon Correctional Facility (MCF) by his co-defendant, Eugene O'Sullivan. Scicluna's resident unit manager and counsel, Felix Carrizales, was warned by both Scicluna and his sister of the hostile relationship and that continued housing in this situation violated MDOC regulations. Carrizales took no action. After the attack, Scicluna was treated at a community hospital where a portion of his skull was removed. The civilian surgeon recommended cranioplasty to replace the skull portion.

MCF's medical director, Dr. Richard Huff, recalled Scicluna from the hospital, rejected further surgery, prescribed an anti-seizure drug to toxic levels and transferred him to a prison without facilities to treat him. The next day, Scicluna was transferred again with orders for an immediate neurosurgical consultation but he was not seen for three weeks. When finally seen, Dr. Paul Harvey lowered ...

CMS Liable for Prisoner's Failed Hip Prosthesis; $75,000 Awarded

by Robert H. Woodman

On January 9, 2004 the U.S. District Court for the Eastern District of Missouri found that Correctional Medical Services (CMS) and one of its employees, Gary Campbell, D.O., were liable for fourteen (14) months of pain and suffering endured by a Missouri state prisoner ...

California Prisoner Trust Accounts Allegedly Used To Launder Gang Drug Taxes

California Prisoner Trust Accounts Allegedly Used
To Launder Gang Drug Taxes

A phantom "Banco de Pelican Bay" has sprung up at California's supermax Pelican Bay State Prison (PBSP), wherein 14 Mexican Mafia (nicknamed "Eme") prisoners had their prison trust accounts frozen in October, 2004 because of suspected laundering of Eme drug money. Some accounts carry balances of over $20,000, the source of which is alleged to be street drug dealers in Los Angeles who pre-pay a "tax" for protection if and when they come to prison.

PBSP spokesman Lt. Steve Perez said "[t]he evidence indicates that the money is definitely coming from a tainted source." The FBI visited PBSP in mid October, 2004, investigating possible federal money laundering crimes. PBSP gang investigator Robert Marquez stated "We had one member tell us that he made $60,000 a year sitting in his cell and that he paid for his kid's college education with it. The laundering process is completed when the funds deposited in the Eme trust accounts are sent back out to friends and relatives in amounts ranging from hundreds to thousands of dollars giving the money legitimacy."

Eme is considered to be the oldest, largest ...

Absolute Immunity For Acting On Court Order Denied In Failure To Protect Claim

Absolute Immunity For Acting On Court Order Denied
In Failure To Protect Claim

by Bob Williams

The Third Circuit Court of Appeals has upheld the denial of absolute immunity against prison guards who claimed they were following a court order when they failed to protect a known prison informant, even after protective custody was also unanimously recommended.

In 1986, Jerome Hamilton cooperated in a drug trafficking investigation at the state Multi-Purpose Criminal Justice Facility (Gander Hill) which resulted in the arrest of prisoners and guards and a snitch jacket for Hamilton. He was subsequently the victim of numerous attacks and was transferred among various Delaware state prisons.

With no where left to go, Hamilton was transferred outside the state system on compact with Virginia. While in Virginia, Hamilton sued Delaware prison officials in state court resulting in his return to Gander Hill for court appearances. During a December 1991 hearing the court ordered Hamilton held for two months at Gander Hill while discovery took place. The Delaware Department of Corrections (DDOC) recommended protective custody.

Three months passed without action when a guard, in front of other prisoners, said Hamilton was "a good telling mother fucking snitcher." Hamilton filed a grievance ...

California Sexual Predator Unconditionally Released

California's first "graduate" of the state's sexually violent predator (SVP) program, who was released in August, 2003 to highly supervised conditions while living in a trailer on the grounds of Soledad State Prison, was granted unconditional release by a state judge in San Jose, California on Sept. 13, 2004.

Brian DeVries, 45, is a habitual child molester who admits to having victimized 30 children and was convicted of assaulting nine small boys for which he did time in New Hampshire, Florida and California between 1978 and 1997. When released from New Hampshire, he amazingly was hired at the YMCA and as a teacher at elementary schools in Florida where he next offended. Today he reflects back on surrounding himself then with children as being "like an alcoholic trying to be a bartender." After molesting an eight year-old boy in California, he tried to shoot himself. Upon paroling in California in 1997, he was civilly committed as an SVP for treatment at Atascadero State Hospital.

In August, 2003, he was conditionally released from Atascadero, but no one wanted him around. After attempting 116 possible placements amid much public outcry, the state gave up and housed him on prison property ...

New York Prisoner Awarded $105,000 for Shoulder Injury

New York Prisoner Awarded $105,000 For Shoulder Injury

On December 15, 2003, a court of claims in Syracuse, New York, awarded $105,000 plus interest to a state prisoner who suffered a torn rotator cuff as the result of a construction accident.

New York state prisoner Tommy Knights, 50, was laboring on a construction project at the Auburn Correctional Facility on May 14, 1998, when an iron support bar fell from the top of a wall above the doorway where he was working and struck him on the head.

Knights was taken to the hospital and treated for a severe lumbar contusion. Soon after, Knights began to experience pain in his left shoulder. It was then determined that Knights' rotator cuff was torn. The torn rotator cuff necessitated approximately four years of physical therapy and an April 2002 surgery in which surgeons ground Knights' acromion in order to decompress and repair his shoulder joint.

Knights sued the state of New York claiming that the injury precludes him from performing work that requires lifting or overhead tasks and prevents him from engaging in physical recreation activities such as weight-lifting, jogging and basketball. Knights further claimed that he experiences pain when ...

New York's Felon Disenfranchisement Law Not Saved By Federal Voting Rights Act

New York's Felon Disenfranchisement Law Not Saved
By Federal Voting Rights Act

by John E. Dannenberg

The Second Circuit U.S. Court of Appeals held that New York Election Law § 5-106, which disenfranchises [i.e., suspends voting rights] of parolees and currently incarcerated felons is not overridden by the federal Voting Rights Act (VRA), 42 U.S.C. § 1973 [which prohibits racially discriminatory state voter qualification laws]. In a lengthy decision that analyzed a Second Circuit en banc decision on this topic ( Baker v. Pataki , 85 F.3d 919 (2nd Cir. 1996)) wherein the court was evenly divided [and its decision therefore had no precedential value], the Second Circuit now applied intervening U.S. Supreme Court and other Circuit case law to reach a unanimous ruling.

New York state political prisoner Jalil Muntaqim, a.k.a. Anthony Bottom, filed a pro se complaint in the U.S. District Court (N. D., N.Y.), alleging, inter alia, that New York state's § 5-106 had a racially suspect effect. That is, since New York state felons and parolees are disproportionately black and Hispanic [stemming allegedly from racially biased sentencing], the statutory disenfranchisement scheme necessarily causes a disproportionate reduction of black and ...

Connecticut Prison Writers Settle Lawsuit, Writing Program Reinstated

Connecticut Prison Writers Settle Lawsuit,
Writing Program Reinstated

by Michael Rigby

Eight Connecticut prisoners who were sued by the state after the publication of their book, Couldn't Keep It To Myself: Testimonies from our Imprisoned Sisters , will get to keep most of their earnings, according to the terms of an April 19, 2004, settlement. The state had sought $117 a day from each woman for every day they were in prison. For one of the authors, Barbara Lane, who also won a prestigious literary award, that amounted to a whopping $339,505.

The women composed the 11 essays comprising the book during a writing class taught by renowned novelist Wally Lamb at the York Women's Prison in Niantic, Connecticut. The writings were personal reflections and essays that had nothing to do with their crimes. Rather, the writings mused about the criminal justice system and contemplated the sexual abuse, violence, drugs, alcoholism, and poverty that are recurrent themes in the lives of many prisoners. The well written anthology caught the attention of Harper Collins, which decided to publish the book. As part of the deal, each woman would receive $5,600 in royalties following their release from prison.

But ...

Los Angeles County Pays $800,000 To Settle County Jail Medical Suit for Untreated Lupus

Los Angeles County Pays $800,000 To Settle
County Jail Medical Suit for Untreated Lupus

by John E. Dannenberg

On June 3, 2002, the Los Angeles (L.A.) County, California Claims Board agreed to pay $800,000 to settle medical negligence and consortium loss claims by a prisoner and his wife for the failure of the Los Angeles Sheriff's county jail and medical staff to properly treat the prisoner's serious medical needs while incarcerated at the North County Correctional Facility from October 1997 through January 1998.

Thirty-six year old Larry Small was seen by L.A. County Sheriff's North County medical staff on October 20, 1997, complaining of a two week long fever and 13 pound weight loss. His blood tests showed both anemia and renal (kidney) insufficiency. Although he was given antibiotics, no follow-up was given.

Small's wife, sister and cellmate alleged that from October 20 to November 17, 1997, Small continued to suffer fever, lose weight and developed a rash across his nose - while jail personnel refused his requests for further medical aid. On November 18, medical personnel examined a rash on his upper arm, while new blood tests confirmed the earlier diagnoses. But ...

Seventh Circuit Interprets "Brought" As Used 42 U.S.C. § 1197e(a)

Seventh Circuit Interprets "Brought" As Used 42 U.S.C. § 1997e(a)

The U.S. Court of Appeals for the 7th Circuit has interpreted the word "brought" in 42 U.S.C. § 1997e(a) to mean "when the complaint is tendered to the district clerk." The court then used that interpretation to affirm a district court dismissal of a prisoner's civil rights lawsuit.

In 1999 Bobby Ford was serving state time at Illinois' Stateville Correctional Center (Stateville), where he was beaten by guards without provocation. Stateville staff also refused Ford medical attention for injuries he sustained during the beating. Ford filed a grievance, which eventually found its way to the Administrative Review Board (Board), which did not respond.

After waiting for six months without a response from the Board, Ford filed a civil rights action under 42 U.S.C. § 1983 in federal court. The Board then promptly contacted Ford to get his statement for the grievance, but Ford declined, relying on his lawsuit for relief. The lawsuit was received by the court clerk on December 28. Two days later, the Board announced its decision in favor of the guards.

Because the district court received Ford's complaint two ...

Oregon Prisoner's Allegation of Economic Damages States Sufficient Claim

Oregon Prisoner's Allegation Of Economic Damages States Sufficient Claim

The Oregon Court of Appeals held that a state prisoner's allegation of economic damages stemming from the purported improper release of his medical records and substandard medical care stated a claim sufficient to withstand a motion to dismiss.

Plaintiff Frank E. Voth, an Oregon state prisoner, brought action against prison officials and medical personnel alleging they improperly released his medical records and subjected him to substandard medical care, and that he suffered economic damages from this conduct. Voth asserted several claims for relief, including one brought pursuant to 42 U.S.C. § 1983. On defendants' motion, the trial court dismissed Voth's claim for failing to allege 1) timely tort claim notice, and 2) that he had suffered economic damages. Voth appealed.

On appeal, defendants conceded that Voth's "allegation that he had given tort claim notice pursuant to ORS 30.275 was sufficient to survive a motion to dismiss," that no tort claim notice is required for § 1983 claims, and that Voth's remaining claims "should have been resolved in a summary judgment proceeding rather than on the basis of a Rule 21 Motion to dismiss." However, the ...

Ninth Circuit: "Chilling Effect" Not Required To Establish First Amendment Violation

Ninth Circuit: "Chilling Effect" Not Required
To Establish First Amendment Violation

by Marvin Mentor

The Ninth Circuit U.S. Court of Appeals dealt with the following conundrum: does a prisoner who exhaustively fights purported violations of his First Amendment rights, by dint of his sheer effort to do so, thereby unwittingly prove that they were not violated? Here, the district court below had ruled that the prisoner's filing of a federal lawsuit ipso facto precluded relief from the within retaliation claim solely because the very act of filing demonstrated the non existence of retaliatory constraint. The Ninth Circuit rejected this circular reasoning and reversed the district court's F.R.Civ.P. Rule 12(b)(6) dismissal below.

Kavin Rhodes, appearing at all times in pro per, sued prison officials at the California Correctional Institution (CCI) in Tehachapi, alleging what can only be described as a marathon of retaliations for exercise of his First Amendment right to file grievances. The genesis of Rhode's conflict with CCI staff was the repeated offsite repair of his personal typewriter, which Rhodes alleged was then intentionally damaged in handling by Receiving and Release guard M. Robinson. When Rhodes grieved Robinson, the retaliation ...

BOP Ad-Seg Rules Create a Liberty Interest

by David M. Reutter

The Eleventh Circuit court of Appeals has held that BOP administrative segregation policies create a liberty interest. The Court reversed a Georgia federal district court's order granting prison officials' motion to dismiss under Fed.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief can be granted.

The lawsuit at issue was filed by Salvador Magluta for events that occurred while he was a pre-trail detainee at the United States Penitentiary in Atlanta (USP). Magluta was indicted by a grand jury in the Southern District of Florida in April 1991 on twenty-four drug trafficking and conspiracy charges. Magluta was arrested in October 1991 and placed in federal custody. Prior to his trial and eventual acquittal in 1996, Magluta was held in three different federal facilities _ first in Miami, then in Talladega, and later in USP.

Magluta filed his Bivens action while a pretrial detainee in 1994, alleging he was placed in "administrative segregation" _ the "hole" _ in conditions constituting solitary confinement for more than five hundred days in USP, and this lengthy and harsh pretrial detention was done at the direction of and with the knowledge of the ...

Massachusetts Jail Prisoner Awarded $20,000 For Crushed Knuckle

Massachusetts Jail Prisoner Awarded
$20,000 For Crushed Knuckle

A superior court in Suffolk County, Massachusetts, awarded $20,000 to a man who sustained a knuckle fracture when a cell door was allegedly opened without warning.

Plaintiff Gary Taylor, 47, was arrested for disorderly conduct and intoxication and imprisoned in the Boston Municipal Courthouse Jail. On May 15, 1997, Taylor was consulting with his attorney from inside the cell, holding on to the bars as he talked. According to Taylor, a guard came by and, without warning, opened the cell door, crushing Taylor's hand between the bars.

Taylor sustained a boxer's fracture to his knuckle which, in turn, caused minor nerve damage. Taylor contended the injury made it difficult to manipulate fine tools used in his work as a sculptor and that changes in the weather caused his knuckle to ache.

Taylor sued the Commonwealth of Massachusetts claiming the jail guard was negligent in failing to warn him before opening the cell door. Taylor sought damages for pain and suffering only; he made no claim for lost wages or medicals. At trial, Taylor's criminal attorney testified that no warning had been issued.

The commonwealth defended, alleging that ...

Oregon Parole Increase Following Appeal Violates Due Process, Presumption of Vindictiveness Applies

The Ninth Circuit Court of Appeals held that the imposition of a longer sentence imposed on remand after a successful appeal of an order of the Oregon Parole Board (Board) was presumptively vindictive and the Board failed to rebut the presumption of vindictiveness.

In 1986, George Nulph was convicted of multiple offenses and sentenced to five consecutive sentences totaling 155 years, with a minimum of 75 years. Under the Board rules in effect in 1986 "the Board was required to treat two or more consecutive judicially imposed minimum terms as a single unified term and either override them all or uphold them all. In 1987, however, the Board rules were amended to allow the Board to override "one or more of the judicially imposed minimums."

In 1987, the Board applied the 1987 version of the rule and overrode three of Nulph's five consecutive minimum sentences, stating "the minimum terms [are] not an appropriate penalty for the criminal offense and the minimum terms are not necessary to protect the public." The Board further explained: "We feel that the sentences or the minimums that were imposed by the courts is [sic] excessive and that setting you within your guideline range of ...

Federal Court Orders Mississippi to Desegregate HIV+ Prisoners

Federal Court Orders Mississippi to
Desegregate HIV+ Prisoners

by Matthew T. Clarke

On June 7, 2004, a federal district court in Greenville, Mississippi, ordered the Mississippi Department of Corrections (DOC) to cease excluding HIV+ prisoners from being housed in a Community Work Center (CWC), ending Mississippi's policy of total segregation of HIV+ prisoners.

As of March 28, 2004, the DOC incarcerated 238 HIV+ prisoners, the vast majority of them male. All male HIV+ prisoners have been housed at Unit 28 of the maximum-security state prison in Parchman, regardless of their offense or other classification factors. Likewise, all HIV+ female prisoners, about 30, have been housed at the Central Mississippi Correctional Facility in Rankin County. None of the HIV+ prisoners have been allowed to participate in community work programs.

Prior to September 2001, HIV+ prisoners were not allowed to participate in educational or vocational programs. At that time, the DOC adopted the recommendations of a task force that studied the issue of HIV+ prisoners' access to in-prison programs and issued a report in 2000 recommending that HIV+ prisoners be allowed to participate in vocational and educational programs. This was the first step in breaking down the discrimination against HIV+ prisoners ...

California Demands $1.6 Million In Diverted Telephone Revenues From Private Prison Contractor

California Demands $1.6 Million In Diverted Telephone Revenues
From Private Prison Contractor

by John E. Dannenberg

The California Department of Corrections (CDC) has charged private prison contractor Marantha Corrections LLC with "misappropriating" more than $1 million in telephone revenues at its 500 bed prison in Adelanto, California, and ordered CDC's contract with Marantha terminated "for cause," effective September 30, 2004.

CDC Director Jeanne Woodford stated in a June 29, 2004 letter to Marantha that Marantha was "either unwilling or unable" to account for the phone funds, and as a result, was in breach of its $8.1 million contract with CDC. CDC spokesperson Margot Bach noted the squabble was not over performance, safety or security issues, but solely with their contract. The disputed funds are the commissions from phone calls that are collected by Marantha which are supposed, to be turned over to the state's Inmate Telephone Revenue Fund.

According to CDC documents obtained by the Sacramento Bee , Marantha's Chief Executive Terry Moreland had blocked the state from auditing Marantha's phone fund account. Moreland argued that they were insulated from audit because the phone service had been provided by Marantha's "landlord." CDC found out ...

Iowa Must Give Kosher Meals to Civilly Committed Sex Offender

Iowa Must Give Kosher Meals To Civilly Committed Sex Offender

by John E. Dannenberg

The United States District Court (S.D. Iowa) ordered that Kosher meals be provided without co-payment to an Orthodox Jewish prisoner who is committed to the Civil Commitment Unit for Sexual Offenders of the Iowa Department of Human Services (DHS). The Settlement Agreement entered into by DHS also excuses the prisoner from work on religious holidays and provides for ceremonial holiday food.

Douglas Thompson is civilly committed under Chapter 229A of the Iowa Code. It is undisputed that he is an Orthodox Jew who adheres strictly to kosher dietary laws. His initial requests for kosher food were resisted by DHS on general grounds of added cost. Later, DHS limited its disagreement to the issue of requiring Thompson to co-pay for his kosher meals from his earnings. Thompson countered that such a co-payment requirement is unconstitutional.

Thompson sued for injunctive relief under 42 U.S.C. § 1983 as well as under the Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. § 2000cc. There being no material dispute on the facts, the court took the case under submission on opposing motions for summary judgment. The ...

Texas County, Deputy Settle Sex Assault Case For $50,000

A woman who claimed she was sexually assaulted by a Kleberg County, Texas, sheriff's deputy has settled her civil rights lawsuit against the county and the deputy for $50,000.

On May 16, 2001, Sarah Jean Hernandez, 22, was arrested at a border patrol checkpoint in Sarita, Texas, for possession of marijuana. Kleberg County sheriff's deputy Robert Andrew Barbour was then dispatched to pick up Hernandez and transport her to a jail in Kingsvil1e, 40 miles away.

En route to the jail, Hernandez claimed, Barbour forced her to undress and photographed her topless and wearing only her panties. Barbour then refused to return her clothes until she agreed to meet him for sex. (Barbour was later convicted of tampering with physical evidence for throwing away the pictures.)

Later that night, after Hernandez posted bail, Barbour picked her up and took her to an isolated warehouse area. Barbour tried to digitally penetrate her vagina and forced her to perform oral sex, said Hernandez. Hernandez further alleged that Barbour demanded intercourse but relented when she told him she was menstruating.

In her 42 U.S.C. § 1983 lawsuit against Barbour and Kleberg County, Hernandez also claimed that Barbour teased ...

Are Prisons Obsolete?

by Angela Y. Davis

Open Media/Seven Stories Press, 127 pp. $8.95 paperback

Review by Silja Talvi

"On the whole people tend to take prisons for granted," Angela Y. Davis.

But are we, as a society, willing to face the reality of what goes on inside? And are we willing to take any measure of responsibility for how prisoners end up once they are released from years of confinement?

From Davis' perspective, we aren't ready to face any of it as long as it isn't happening to us.

"We thus think about imprisonment as a fate reserved for others, a fate reserved for the `evildoers,'" Davis writes. "The prison therefore functions ideologically as an abstract site into which undesirables are deposited, relieving us of the responsibility of thinking about the real issues afflicting those communities from which prisoners are drawn in such disproportionate numbers."

Those communities? Low-income neighborhoods, poor rural communities, and inner city areas where people of color are heavily represented. The ranks of the prison population are dominated by the people whose lives have been affected, from birth, by the social and economic circumstances of their lives. And the more disadvantaged your life, the more ...

News in Brief

News in Brief:

Arizona: In an uprising at the Lewis prison complex in Florence, on May 7, 2004, 100 prisoners refused to leave the prison yard for two hours and 50 refused to leave the dining hall after a fight between two prisoners in the yard. When guards tried to break up the fight, prisoner bystanders threw rocks and water bottles at them. Guards fired "stinger" rounds to enforce obedience which was unsuccessful. Only when tactical squads of guards appeared did the prisoners return to their cells.

Brazil: On September 23, 2004, seven teen age prisoners were killed and five wounded in a riot at the Sao Francisco Education Center in Piraquara. The prisoners were killed by other prisoners during a riot where they claimed poor treatment and conditions.

California: In June, 2004, a lawsuit filed in federal court in Los Angeles by Kathy Magnuson claimed that Wackenhut employee Anthony McCord, a "booking specialist" at the jail, made sexually suggestive remarks to Magnuson while she was booked into the Redlands jail on shoplifting charges. McCord watched while Magnuson was strip searched by female guards at the San Bernardino county jail. McCord later called her on her cell phone.

California: On ...

California Prosecutor Fights Deportation Of Paroled Sex Offenders

California Prosecutor Fights Deportation
Of Paroled Sex Offenders

Today, nobody wants to keep paroled sex offenders around. Except the Los Angeles County district attorney, that is.

In an odd "man bites dog" scenario, the district attorney is trying to retain four foreign nationals who were paroled in California after serving prison terms for sex offenses while their public defender is trying to have them deported. The district attorney argues that as sexual predators, they are a danger to society wherever they go so California should civilly commit them. The public defender counters that federal law requires deportation, and questions why California should pay for their expensive treatment.

Wesley Wheaton, a recently paroled child molester with a history of rape convictions, desires to be returned to his native Canada. Canada will accept him if he agrees to undergo treatment there. But upon parole, Wheaton was sent to the Los Angeles County Jail to await trial as a sexually violent predator (SVP). Although his public defender asked a state judge to release him to federal custody for deportation proceedings, the judge declined, saying that Immigration (who has a warrant for Wheaton's arrest as an illegal alien) is not actively pursuing his ...

 

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Disciplinary Self-Help Litigation Manual

 



 

Federal Prison Handbook

 



 


 

Disciplinary Self-Help Litigation Manual