Prison Legal News:
Volume 17, Number 4
In this issue:
- Georgia Prisons: A Blight On The Peach State (p 1)
- Texas Counties Set To Raid State Prisoners Trust Fund Accounts (p 7)
- From the Editor (p 8)
- Colorado DOC s Medical Oversight Found Remiss (p 8)
- CSC Pays Public Defender Social Worker $125,000 for Rape in Juvenile Facility (p 10)
- Former Georgia Parole Chairman Loses Appeal of Corruption Conviction (p 10)
- Weary California Prison Gang Members Increasingly Opt Out for Solace of Sensitive Needs Yards (p 11)
- Cell-Block Beatdown: Do Boston Prisoners Have Any Chance of Holding Abusive Prison Guards Responsible? Signs Are Not Promising (p 12)
- Continued Reliance on Commitment Offense to Deny California Lifers Parole Denies Federal Due Proces (p 15)
- Petty Stone Cold Kickbacks KO Government Employees Nationwide (p 16)
- PHS Pays $350,000 to Settle Claim for Over-Medication Death of Florida Jail Prisoner (p 16)
- Dismissal of Medical and Retaliation Claims Reversed (p 17)
- Georgia Legislature Awards Wrongly Convicted Man $1 Million (p 17)
- Minnesota County Settles Suit over Untreated Appendicitis for $225,000 (p 17)
- State Auditor Blasts Colorado DOC's Private Prison Oversight Failures (p 18)
- Phoenix, Arizona, Settles Krone Wrongful Imprisonment Suit for $3 Million (p 20)
- California DOC Settles Racially Determinative Housing Suit (p 20)
- Michigan Jails Strip Policy Unconstitutional; Guards and Get Qualified Immunity, County Liable (p 21)
- Severely Beaten L.A. County Jail Prisoner Wins Only $5,000 (p 21)
- Californias 2005 Prison Suicide Rate Doubles Over 2004 (p 22)
- Utah Jail Policy Banning Subscriptions to Magazines and Newspapers Enjoined; Fees Awarded (p 22)
- Alabama Work Release Prisoners Reclassified Following Escapes (p 23)
- NYDOCS Abandons ADA DOJ Exhaustion Defense (p 23)
- Eighth Circuit Upholds Denial of Compensatory/Punitive Damages; Physical (p 24)
- Exhaustion Not Required in Pennsylvania Parole Denial Challenges (p 24)
- New York Prisoner Awarded $2,250 For Wrong Medication (p 25)
- Repercussions from Georgia Courthouse Escape, Shootings Continue (p 26)
- L.A. County Jail Gets $20,000 from State for Pruno-Sniffing Dogs; Inmate Welfare Funds Tapped to Mai (p 27)
- $1.1 Million FTCA Emotional Distress Award In BOP Suicide Death Upheld, Even Though Murder By Guar (p 28)
- Alabama Diabetic Prisoner Stomped On and Retaliated Against by Guard Awarded $20,000 (p 29)
- Ohio Man Awarded $618,000 for Nearly 16 Years Wrongful Imprisonment (p 30)
- PLRA Doesnt Bar FRCP 15(a) Amendment of Complaint - No HIV/Hepatitis Treatment = Imminent Danger o (p 30)
- PLRA Doesnt Alter FRCP 23 Class Certification Analysis (p 31)
- No Qualified Immunity on Toothpaste, Inhaler & Ventilation Claims (p 32)
- Appointment of Counsel Satisfies Access to Courts Requirement (p 32)
- Seventh Circuit Reverses Jail Lockdown Dismissal; Day After Christmas = Legal Holiday (p 34)
- Missouri's 5-Year Limitation Period Applies to § 1983 Claims; 8th Circuit Reverses Earlier Decision to Contrary (p 34)
- $1,250 Settlement in Oregon Retaliation, Court Access Claims (p 35)
- Washington Prison Staff Properly Fired For Sexually Assaulting Prisoner (p 36)
- On Remand From Supreme Court, Sixth Circuit Reverses Judgment on Guard Retaliation Claim (p 36)
- Any Reliance On AA or NA Participation During Parole Consideration Violates Establishment Clause (p 37)
- Dismissal of Bivens Action for Non-Exhaustion Reversed (p 38)
- California Probationers and Parolees Not Similarly Situated As To Eligibility For Prop. 36 Drug Tr (p 38)
- Sixth Circuit Requires Total Exhaustion Under PLRA; Decision Conflicts with Hartsfield (p 39)
- Fair Labor Standards Acts Minimum Wage Provision Not Applicable to Private Prisons (p 40)
- Washington Appeals Court Reverses the Dismissal of a Slip-and-Fall Negligence Action; State Responsi (p 40)
- 2nd Circuit Reverses Sua Sponte § 1915 Dismissal; Parolee Owed Duty of Habitable Residence (p 41)
- News in Brief (p 42)
- Prisoner Suit Alleging Sexual Assault By Colorado Sheriffs Staff Reinstated (p 44)
At one state prison guards are accused of ...
During the Civil War, General William Tecumseh Shermans devastating march through the South was a blight on Georgia and all who lived there. Today, the safety of many Georgians particularly the 50,000 confined in the states 37 prisons is just as precarious.
Texas Counties Set To Raid State Prisoners Trust Fund Accounts
by Matthew T. Clarke
Partially in response to legislation making it mandatory by 2007 for Texas counties to establish programs to collect fines, costs, restitution and fees from Texas state prisoners and partially on their own, several Texas counties have ...
Welcome to another issue of PLN. Readers may have noticed that we have kicked off PLNs annual subscription madness campaign where we allow folks to purchase multiple gift subscriptions for people who are not current PLN subscribers. This is a great way to let people know about PLN. If you ...
In April 2005, Navigant Consulting, Inc., reported the results of its audit, commissioned by the Colorado State Auditor, of the CDOC external health care services provided to prisoners. The audit ...
An independent auditor found the Colorado Department of Corrections (CDOC) to be lax in its oversight of medical care contractors.
A former social worker with the Baltimore public defenders office in Maryland, who said she was raped by a 15-year-old boy she was a visiting at the Charles H. Hickley, Jr. School settled a civil lawsuit on March 28, 2005, against the corporations that ran the juvenile detention center.
Former Georgia parole board chairman Bobby K. Whitworth launched a last-ditch attempt, in the Georgia Court of Appeals, to thwart his felony conviction for corruption. He failed.
Whitworths tenure with the Georgia prison system is replete with scandal. His eventual prosecution stemmed from a $75,000 payment he ...
by Gary Hunter
Imprisoned California gang members are increasingly tiring of doing hard time to satisfy gang leaders demands to enforce dogmatic, self-serving obeisance to the perpetuation of in-prison violence. Today, 13,000 California Department of Corrections and Rehabilitation (CDCR) ...
Weary California Prison Gang Members Increasingly Opt Out for Solace of Sensitive Needs Yards
Holding Abusive Prison Guards Responsible? Signs Are Not Promising
by David S. Bernstein
Stories about prison guards beating up prisoners arent exactly the rage these days people are more likely to get outraged over lax treatment of prisoners, like the flap ...
Cell-Block Beatdown: Do Boston Prisoners Have Any Chance of
by Marvin Mentor
The U.S.D.C. (E.D. Cal.) granted habeas relief to a California lifer whose parole had been repeatedly denied based upon the commitment offense, and ordered the California Board of Parole Hearings (BPH) to release ...
Continued Reliance on Commitment Offense to Deny California Lifers Parole Denies Federal Due Process
Stone Cold Chemicals, (SCC), sells cleaning products to government agencies, and it is really cleaning up.
Company founder Thomas Stone admits to training his sales force to offer premiums (i.e., bribes and kickbacks) to government purchasing agents to induce them to buy SCC products at grossly inflated ...
by Mark Wilson
The parents of a Ruth Hubbs brought this action in Leon County Circuit Court, but ...
Prison Health Services (PHS) has, once again, entered into a pretrial settlement to pay the family of a prisoner who died from the negligent care provided by PHS at Floridas Leon County Detention Center (LCOC).
The United States Court of Appeals for the Fourth Circuit, in an unpublished opinion, has reversed a lower courts dismissal of deliberate indifference claims in a prisoners denial of medical treatment for hepatitis C plus pancreatic and gout disorders. The Court further reversed the dismissal of a retaliation claim for ...
Harrison was convicted on ...
In its 2005 session, the Georgia Legislature awarded Clarence Harrison $1 million for loss of liberty, personal injury, lost wages, injury to reputation, emotional distress, and other damages as a result of his nearly 18 years of incarceration and expenses and trying to prove his innocence.
Jeremiah Bratsch, 21, suffered stabbing pains in his lower right abdomen for four days while at the jail in July ...
On August 25, 2005, the U.S. District Court for the District of Minnesota approved a $225,000 settlement to a Minnesota prisoner whose appendicitis went untreated at the Douglas County Jail.
by Matthew T. Clarke
In June 2005, the Colorado State Auditor released its April 2005 report of the performance audit of private prisons contracted by the Colorado Department of Corrections. The report strongly criticized the private prisons performance and the lack of oversight by the DOCs monitors.
The DOC uses ...
The city of Phoenix, Arizona, will pay $3 million to settle a lawsuit brought by a man who spent more than a decade in prison for a murder he did not commit. The settlement, approved by the city council in September 2005, is the second Ray Krone has received. In ...
Upon remand from the U.S. Supreme Court (Johnson v. California, 125 S.Ct. 1141 (2005)), the California Department of Corrections and Rehabilitation (CDCR) entered into a settlement agreement with plaintiff prisoner Garrison Johnson wherein CDCR agreed to end using race as the sole determinative criterion in double-celling ...
by John E. Dannenberg
by David M. Reutter
A Michigan federal district court has held that the practice of removing the clothing of unruly pretrial detainees and keeping them naked in the hole, violated the Fourth and Fourteenth Amendments, but held the ...
Michigan Jails Strip Policy Unconstitutional; Guards and Get Qualified Immunity, County Liable
A Los Angeles (L.A.) County, California jail prisoner who was severely beaten by three other prisoners on three occasions sued for deliberate indifference in failing to protect him. On August 3, 2005, after a five day trial and seven hours of deliberations, a federal civil jury found against jail staff ...
by John E. Dannenberg
By the time 2005 ended, 44 California state prisoners had committed suicide. A significant increase over the 26 suicides that occurred in 2004. The California Department of Corrections and Rehabilitation (CDCR) suicide rate is currently running at 27 ...
Californias 2005 Prison Suicide Rate Doubles Over 2004
On June 2, 2004, the United States District Court (D. Utah) ruled that the Salt Lake County Jails (SLCJ) policy prohibiting prisoners receipt of any magazine or newspaper was unconstitutional. Brian Barnard, the persistent attorney, who fought the case for eleven years, was granted $28,374.89 in ...
by John E. Dannenberg
The escaped prisoners had all been ...
In late September 2005, 275 minimum-security Alabama prisoners were moved from work camps to maximum-security prisons pursuant to an order by Governor Bob Riley. The prisoners had done nothing wrong. The move was purely reactionary following the escape of 3 prisoners in 4 months.
Several of New York State Department of Correctional Services (DOCS) prisoners brought suit in federal court, alleging violations of ...
Upon the request of prison officials, the Second Circuit Court Of Appeals vacated a district courts dismissal of an action brought by New York prisoners, for failure to exhaust administrative remedies.
Injury Required in First Amendment Cases
In a 2-1 decision, the Eighth Circuit of Appeals held that the Prison Litigation Reform Acts (PLRA) emotional injury bar on compensatory damages of 42 USC § 1997e(e) applies to First Amendment cases. The court upheld a lower courts denial of compensatory and punitive ...
Pennsylvania prisoner Robert DeFoy was convicted of armed robbery and ...
The Third Circuit Court Of Appeals held that a Pennsylvania state prisoner challenging the denial of parole need not file a petition for a writ of mandamus in order to satisfy the dictates of exhaustion before seeking federal habeas review.
On October 14, 1999, prisoner Nathan Baxter went to the prison pharmacy to have his ...
On February 22, 2005, a court of claims in Rochester, New York, awarded $2,250 to a state prisoner who was given the wrong medication for nearly two years while imprisoned at the Collins Correctional Facility.
Inadequate security, which had existed for years at Georgia's Fulton County Courthouse, as well as lapses by Sheriff's deputies, are being blamed for the deadly March 11, 2005 escape of Brian Nichols. PLN has previously reported on the many problems afflicting the Fulton County Jail. Nichols' violent breakout that left ...
On September 30, 2005, the Los Angeles (L.A.) County Board of Supervisors approved a Sheriffs funding request for $20,000 to purchase and train two pruno sniffing puppies and to pair them with Sheriffs ...
L.A. County Jail Gets $20,000 from State for Pruno-Sniffing Dogs; Inmate Welfare Funds Tapped to Maintain Program
by John E. Dannenberg
The Tenth Circuit U.S. Court of Appeals upheld a $1.1 million award under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b), 2671-80 for intentional infliction of emotional ...
$1.1 Million FTCA Emotional Distress Award In BOP Suicide Death Upheld, Even Though Murder By Guards Suspected
A diabetic Alabama prisoner lying on the floor of his cell due to suffering from his diabetes condition had his leg stomped on by a guard. When the prisoner grieved the abuse, another guard filed a phony disciplinary report against him. Proceeding pro se, the prisoner ...
by John E. Dannenberg
Donte L. Booker was arrested for a carjacking outside a Beachwood, Ohio bar in February 1987. During the crime Booker used a ...
On August 15, 2005, the Ohio Court of Claims awarded $618,683.33 to a man who spent nearly 16 years in prison for a rape he did not commit.
In a case of first impression, the Eleventh Circuit Court of Appeals held that the Present Litigation Reform Act (PLRA) does not bar a prisoner, proceeding in forma pauperis, from amending ...
PLRA Doesnt Bar FRCP 15(a) Amendment of Complaint - No HIV/Hepatitis Treatment = Imminent Danger of Serious Physical Injury
The Tenth Circuit Court of Appeals held that the Prison Litigation Reform Act (PLRA) does not change, limit or add new elements to the class certification and analysis of Fed.R.Civ.P. 23. The court reversed a lower courts denial of class certification, finding ...
PLRA Doesnt Alter FRCP 23 Class Certification Analysis
In 1984, two Indiana men disappeared. Neither the men nor their bodies were ever found but they were declared legally dead. ...
The Seventh Circuit Court Of Appeals upheld a district courts denial of qualified immunity to jail officials on claims of denial of toothpaste, withholding asthma inhaler and inadequate ventilation.
The Second Circuit Court of Appeals held that the appointment of counsel is a valid means of fully satisfying a state constitutional obligation to provide prisoners, including pretrial detainees, with access to the courts[.] The court also held that constitutionally acceptable access to the courts through appointment of counsel is ...
Female pretrial detainees of the Cook County Jail in Chicago, Illinois, sued the jail superintendent and County alleging that the jails practice of monthly lockdowns of 48 ...
The Seventh Circuit Court of Appeals reversed a district courts dismissal of a conditions of confinement suit for failure to state a claim.
8th Circuit Reverses Earlier Decision to Contrary
The Eighth Circuit Court of Appeals held that it previously erred in applying a three-year statute of limitations in a jail assault case. The court concluded that Missouris five-year statute of limitations for personal ...
Missouri's 5-Year Limitation Period Applies to § 1983 Claims;
On December 21, 2000, Oregon Department Of Corrections (ODOC) prisoner Frank Phillips ...
A federal court in Oregon denied prison officials qualified immunity on a prisoners freedom of association, access to courts and retaliation claims. The association and retaliation claims were later settled for $1,250 and a transfer to another prison.
James Shinn was captain of a ferry serving the McNeil Island Correction Center (MICC). In March of 2000, an MICC ser-geant accused him ...
Division 2 of the Washington State Court of Appeals (Div. 2) has affirmed the summary dismissal of a prison guards law-suit for wrongful discharge for sexual misconduct.
Michigan prisoner Shakur Muhammad brought suit against guard Mark Close, alleging Close violated his First Amendment writes by ...
The Sixth Circuit Court of Appeals, on remand from the United States Supreme Court, reversed a district courts grant of summary judgment to a prison guard on a First Amendment retaliation claim.
Consideration Violates Establishment Clause
by John E. Dannenberg
The United States District Court, E.D. Cal., ruled that requiring a California life prisoner to attend Narcotics Anonymous (NA) or Alcoholics Anonymous (AA) as a predicate for parole constituted a state establishment of ...
Any Reliance On AA or NA Participation During Parole
Federal Bureau of Prisons (BOP) prisoner Curtis Dale was stabbed seven times by other prisoners on the recreation yard at the U.S. Penitentiary Terre Haute. Nineteen ...
The Seventh Circuit Court of Appeals vacated a lower courts grant of summary judgment against a federal prisoner for failing to exhaust administrative remedies.
by John E. Dannenberg
The California State Supreme Court held that Equal Protection claims as to parolees and probationers do not save a probation violators claim for eligibility to receive alternative drug treatment in lieu ...
California Probationers and Parolees Not Similarly Situated As To Eligibility For Prop. 36 Drug Treatment
A panel of the Sixth Circuit joined the Eighth and Tenth Circuits in holding that the Prison Litigation Reform Act (PLRA) requires total exhaustion. One judge dissented, however, criticizing the majority opinion as being invalid for conflicting with Hartsfield v. Vidor, 199 F.3d 305 (6th Cir. 1999).
The Seventh Circuit Appeals Court affirmed a lower courts decision that held prisoners are not entitled to the minimum wage provision of the Fair Labor Standards Act, 29 U.S.C. § 201 (FLSA).
Jay R. Bennett and James W. ...
Fair Labor Standards Acts Minimum Wage Provision Not Applicable to Private Prisons
In an unpublished opinion, the Washington Court of Appeals held that a trial court erred in dismissing a pro se prisoners negligence action against the Washington Department of Corrections (DOC) in a ...
Washington Appeals Court Reverses the Dismissal of a Slip-and-Fall Negligence Action; State Responsible for Negligence of Prisoner Laborers
Alonzo Jacobs, a parolee under the supervision of the New York State Division of Parole, brought suit in federal ...
The Second Circuit Court of Appeals reversed a district courts sua sponte dismissal, pursuant to 28 U.S.C. § 1915(e)(2)(b)(ii), of a New York parolees action, for failure to state a claim.
Arizona: On March 22, 2006, David Leyva, 24, a guard at the Pima county jail was arrested on charges that he conspired to possess an unidentified narcotic drug.
Arkansas: On March 21, 2006, a brawl involving 12 prisoners that started over a bag of stolen instant coffee ...
News in Brief:
by John E. Dannenberg
Reversing the U.S. District Court (D. Colo.), the Tenth Circuit U.S. Court of Appeals held that a review of the record showed that female prisoners alleging sexual assault by Huerfano County Jail (Colorado) sheriffs deputies had ...
Prisoner Suit Alleging Sexual Assault By Colorado Sheriffs Staff Reinstated