by Jimmy Jenkins, KJZZ.org
The Arizona Department of Corrections contracts with privately owned correctional health care company Corizon Health to oversee all medical, mental and dental care at 10 state prisons. However, that care has come under scrutiny in federal court.
In 2015, prisoners settled a lawsuit …
by Paul Wright
For the past 28 years, Prison Legal News has reported on prison and jail medical care that ranges from abysmal to the barbaric. With the possible exception of California, whose prison system’s health care is under federal receivership, medical and mental health treatment for prisoners …
by Derek Gilna
A federal class-action complaint filed against the Benton County, Arkansas Sheriff’s Office and Keefe Commissary company, over the practice of issuing fee-laden debit cards to prisoners containing their release funds, has settled for just over $21,000 plus attorney fees and incentive awards.
Arrestees processed …
by Derek Gilna
The U.S. Supreme Court receives thousands of petitions for writ of certiorari from federal appellate rulings each term and denies the vast majority of those applications, generally with a one-sentence rejection.
However, the Court’s October 9, 2018 order denying the petitions of Colorado state …
by Steve Horn
A Wisconsin state prisoner is leading the way in getting a new podcast out to the public that covers issues faced by people behind bars. Podcasts are radio-style audio series that can be downloaded and played on computers or smartphones.
Dant’e Cottingham, held at …
by David M. Reutter
Following an onslaught of pressure from the public and action by the Florida legislature’s Joint Administrative Procedures Committee (JAPC), the Florida Department of Corrections (FDOC) was forced to withdraw a rule proposal to reduce in-person visitation time by half.
At an initial April …
by Steve Horn
Bryan Telford, who was held as a pretrial detainee at the King County Correctional Facility in Seattle, Washington in September 2016, recently obtained a $1 million settlement in a lawsuit filed against the county.
Telford suffers from frequent fainting – known as syncope – …
by Ed Lyon
Harris County, Texas is known for many things. The county seat is Houston, the fourth-largest city in the United States and the largest in Texas. It has its own shipping channel and a modern port for ocean-going vessels. It is also known as “the death …
by Matt Clarke
On May 15, 2018, the City and County of Denver, Colorado agreed to pay $100,000 to an unidentified deputy sheriff who was fired from his position at the Denver County jail after the Sheriff’s Department refused to accommodate his Type 1 diabetes, causing him to …
by Derek Gilna
No one appreciates the challenges of re-entering society like a former prisoner, especially one who was wrongfully convicted.
For exonerated ex-prisoner Juan Rivera of Illinois, his experiences led him to invest some of his multi-million dollar wrongful conviction settlement into training low-income students at …
by Steve Horn
The Human Rights Defense Center (HRDC), which publishes Prison Legal News, filed a lawsuit on May 9, 2018 in the U.S. District Court for the Eastern District of Oklahoma against Pontotoc County and Sheriff John Christian, for blocking the distribution of HRDC books sent to …
by Matt Clarke
On May 14, 2018, Senior U.S. District Court Judge Patricia A. Gaughan ruled the Ohio Department of Rehabilitation and Correction (ODRC) could not enforce a grooming policy that required a Rastafarian prisoner to cut his dreadlocks.
The district court declared the grooming policy, as …
by David Reutter
In December 2017, a Pennsylvania Superior Court affirmed a conviction for possession of contraband by a state prisoner. The court rejected the prisoner’s claim that the evidence was insufficient to support the conviction, as testimony presented at trial indicated the contraband had been retrieved from …
by Matt Clarke and David Reutter
On April 27, 2018, the Supreme Court of Alaska held that a prisoner had been improperly denied his right to call witnesses at a prison disciplinary hearing, and his failure to raise that issue during administrative appeals did not waive the issue.
…
by Ed Lyon
Darrell Eugene Harris is a Muslim prisoner confined in California’s prison system. He filed a civil rights suit raising state and federal claims against prison guard S. Escamilla.
Harris alleged that Escamilla removed his Koran from a protective cover, threw it on the ground …
by David Reutter and R. Bailey
Correct Care Solutions, a for-profit company that provides medical services at correctional facilities, contested the release of documents concerning the death of Dino Vann Nixon at the Forsyth County Jail (FCJ) in North Carolina.
Upon being booked into FCJ on drug …
Loaded on
Nov. 6, 2018
published in Prison Legal News
November, 2018, page 23
In early 2017, Pennsylvania’s Department of Corrections (PDOC) entered into an “innovative” agreement with private food service vendor Aramark. State officials claimed the $154 million contract would save taxpayers an estimated $16.6 million over its three-year term.
The contract is unique in that Aramark will not control staffing, …
by Ed Chung, Center for American Progress
The Trump administration kicked off 2018 by expressing a surprising, newfound interest in reforming the country’s prisons and strengthening opportunities for those incarcerated to successfully re-enter their communities upon completion of their sentences. In mid-January, the White House convened a group …
by Kevin Bliss
The Missouri Department of Corrections (DOC) has been accused of not being transparent or competent when it comes to conducting investigations into deaths that occur in state prisons. The DOC is responsible for the care and treatment of numerous dangerous and mentally ill prisoners, yet …
by Christopher Zoukis
On May 18, 2018, the U.S. Court of Appeals for the Ninth Circuit reversed a district court’s order dismissing a prisoner’s complaint for failure to exhaust administrative remedies. The Ninth Circuit held the prisoner’s claim, which alleged a violation of his right to religious liberty …
by Kevin Bliss
On March 29, 2018, a federal magistrate judge in California held that prisoners in a class-action lawsuit over long-term solitary confinement, who entered into a settlement agreement with the California Department of Corrections and Rehabilitation (CDCR), had not proven a material breach of the agreement. …
by Jean Trounstine, Truthout.org
This past January, prisoners in Florida went on strike to protest what they called modern-day slavery in the state’s prisons. As of March, not only had the Florida Department of Corrections not responded to the demand for paid labor and improved living conditions, it …
Loaded on
Nov. 6, 2018
published in Prison Legal News
November, 2018, page 32
The Fourth Circuit Court of Appeals has reversed a district court’s denial of qualified immunity to a defendant in a civil rights action related to the August 19, 2015 death of Jamycheal Mitchell at Virginia’s Hampton Roads Regional Jail.
As repeatedly reported in PLN, Mitchell, 24, died due …
Loaded on
Nov. 6, 2018
published in Prison Legal News
November, 2018, page 34
In April 2018, prisoners at the Texas Department of Criminal Justice’s (TDCJ) Ramsey Unit in Rosharon smuggled out of the facility and into the hands of the Houston Chronicle records that proved the existence of a quota system for disciplinary charges, as well as threats against guards who failed …
Loaded on
Nov. 6, 2018
published in Prison Legal News
November, 2018, page 36
A $7 million settlement was reached in the suicide death of a mentally ill prisoner at the George W. Hill Correctional Facility (GWHCF) in Thornton, Pennsylvania, operated at the time by private prison company Community Education Centers.
When she was in her late twenties, Janene Wallace was diagnosed …
by Monte McCoin
Prison Legal News has reported several times on the trend of prison contraband smuggling via remote-controlled aerial drones, both in the U.S. and other countries. [See, e.g.: PLN, May 2018, p.14; Nov. 2017, p.52; Sept. 2016, p.18].
South Carolina Department of Corrections (DOC) Director …
by Matt Clarke
In April 2018, just weeks before a trial was scheduled to begin, the City of Phoenix, Arizona agreed to pay $250,000 to settle a lawsuit brought by the family of a mentally ill prisoner who died at the Maricopa County jail after being mocked, beaten …
by Panagioti Tsolkas
In July 2018, former prisoners and their family members in Arkansas raised concerns about a variety of issues at a hearing with state lawmakers, included concerns about the water quality at several prisons. One ex-prisoner said the water at the East Arkansas Unit was not …
Loaded on
Nov. 6, 2018
published in Prison Legal News
November, 2018, page 39
The Seventh Circuit Court of Appeals allowed an appeal to continue to the briefing stage after concluding that “all parties had consented to proceeding before the magistrate judge by the time he entered a final judgment dismissing the entire action.”
Before the appellate court was an appeal brought …
by Christopher Zoukis
According to the Bureau of Justice Statistics (BJS), about 34 percent of transgender people held in prisons or jails reported being subjected to at least one incident of sexual violence while incarcerated. That’s eight times the rate for prisoners overall – and a large number …
by Ed Lyon
The #MeToo movement seeks to expose incidents of sexual harassment and sexual abuse by men against women. The movement has resulted in accusations against a number of high-profile figures, including actors, businessmen and politicians. Members of the judiciary have not been excluded from claims of …
by Panagioti Tsolkas
“We’re talking about levels in some places that are equivalent to smoking 2½ packs of cigarettes a day,” said Lori A. Welch-Rubin, one of the attorneys who filed a class-action lawsuit on behalf of prisoners at the Garner Correctional Institution (GCI) in Newtown, Connecticut. The …
by Dale Chappell
When the widow of a prisoner who committed suicide at a San Diego County jail filed suit claiming staff had been made aware of the jail’s high death rate due to a reporter’s local news reports, the county went after the journalist instead of trying …
by Kevin Bliss
Victor Smith was found not guilty of aggravated assault and conspiracy to commit aggravated assault, stemming from an incident when he was employed as a jailer with the Adams County Sheriff’s Office (ACSO) in Mississippi. He is also being sued by the family of Joseph …
Loaded on
Nov. 7, 2018
published in Prison Legal News
November, 2018, page 47
The Eleventh Circuit Court of Appeals held on April 23, 2018 that the “inconsistent-factual-allegation gloss” on Heck v. Humphrey, 512 U.S. 477 (1994) applies only “where the allegation in the [42 U.S.C.] § 1983 complaint is a specific one that both necessarily implies the earlier decision is invalid and …
by Dale Chappell
The Bureau of Prisons’ (BOP) violation of its own alcohol policy prompted the expungement of disciplinary reports and reversal of sanctions imposed on two prisoners after they challenged their disciplinary convictions in court.
On March 11, 2017, guards at FCI Marianna in Florida conducted …
by Derek Gilna
Earlier this year, London-based Penal Reform International and the Thailand Institute of Justice issued a report on incarceration worldwide that draws heavily on research funded by the United Nations.
The 60-page report not only identifies areas of concern, as well as data that explores …
Loaded on
Nov. 7, 2018
published in Prison Legal News
November, 2018, page 50
The Massachusetts Supreme Judicial Court held on April 19, 2018 that the Massachusetts Department of Correction (MDOC) had authority to implement a policy that requires prison visitors to be subject to drug-detecting dogs. However, the Court also found the MDOC had failed to meet the requirements of the Administrative …
Loaded on
Nov. 7, 2018
published in Prison Legal News
November, 2018, page 50
A settlement of $32,000 was reached with the Allegheny County Jail (ACJ) in Pittsburgh, in a federal lawsuit filed by a former prisoner who was sexually assaulted by guard Joshua Reber. The suit, brought against the county and 16 jail officials by Melissa Behanna, raised a failure to protect …
by Derek Gilna
Nathan Daniel Bradshaw, 32, hung himself at the Tulsa County, Oklahoma jail, five days after his arrest on a bench warrant for a larceny charge, and died shortly thereafter in a Tulsa hospital. Last year, county commissioners approved a payout of $150,000 to his family …
Loaded on
Nov. 7, 2018
published in Prison Legal News
November, 2018, page 52
“There is nothing else I have left to complete,” said Antoine Hartley.
The Louisiana prisoner became eligible for release in 2013. But his inability to find post-release housing approved for sex offenders will likely force him to complete his entire sentence through January 2019 – an extra six …
by Matt Clarke
Greta Lindercrantz, 67, was jailed for contempt of court by Arapahoe County, Colorado District Judge Michelle Amico on February 26, 2018.
Lindercrantz, a Mennonite defense investigator, had refused to testify in a hearing for Colorado death row prisoner Robert Keith Ray. Lindercrantz was part …
by Matt Clarke
On May 17, 2018, a federal district court certified a class of Allen County, Indiana jail prisoners who were denied their right to vote in the November 2016 general election.
Ian Barnhart was held at the jail on misdemeanor charges from October 31, 2016 …
by Dale Chappell
Released from prison, many New York parolees – instead of getting back on their feet through re-entry programs – are heading to homeless shelters in New York City. Of approximately 9,300 prisoners paroled from state prisons in 2017, 54 percent (around 5,000) went directly to …
Loaded on
Nov. 6, 2018
published in Prison Legal News
November, 2018, page 55
On May 4, 2018, the Pennsylvania Supreme Court held a Commonwealth Court should not have sustained a demurrer to a prisoner’s action challenging deductions from his prison account to satisfy criminal restitution orders.
State prisoner Kevin A. Bundy asserted, primarily, that he was constitutionally entitled to pre-deprivation notice …
by Ed Lyon
During the 10-year period ending in 2017, over 3,500 complaints of sexual harassment and gender bias were filed against the Texas Department of Criminal Justice (TDCJ). The state’s largest agency, TDCJ employs 37,000 people, including more than 22,000 guards – 38 percent of whom are …
by Christopher Zoukis
In a sudden move that local residents called a “Gestapo tactic,” Maine Governor Paul LePage ordered the closure of a small prison in rural Washington County. The Downeast Correctional Facility (DCF), with a capacity for up to 148 prisoners, was shuttered at 4:30 a.m. on …
by Matt Clarke
A recent poll found a majority of Americans – 67 percent overall – believe that building more prisons and jails does not reduce crime. Nearly as many – 62 percent – don’t believe that more prisons would improve the quality of life in their communities, …
Loaded on
Nov. 6, 2018
published in Prison Legal News
November, 2018, page 59
A prisoner who was slammed headfirst into a wall by a guard at Ohio’s Hamilton County Jail reached a $500,000 settlement in his civil rights action.
The incident occurred after Mark Myers, 61, was arrested on the morning of August 20, 2016 on a misdemeanor theft warrant. He …
Loaded on
Nov. 6, 2018
published in Prison Legal News
November, 2018, page 59
On May 9, 2018, the Maryland Court of Appeals adopted a “prison mailbox rule” for post-conviction petitions.
The need for such a rule became evident in the case of prisoner Thoyt Hackney, who gave a post-conviction relief motion to prison officials three days before a statutory ten-year filing …
by Ed Lyon
Since it first contracted out prisoner medical care to a private company in 2004, the New Mexico Corrections Department (DOC) has been named along with its contractors in over 220 lawsuits filed by prisoners or their estates.
In 2007, the DOC switched from Wexford …
Loaded on
Nov. 6, 2018
published in Prison Legal News
November, 2018, page 62
Alabama: Antwone Wilson broke out of the St. Clair County Correctional Facility on December 4, 2017 along with fellow prisoner Ronald Odell King. The pair separated, and King was quickly captured. While on the lam, Wilson contacted a TV station in his hometown to clarify why he had run. …
Loaded on
Nov. 6, 2018
published in Prison Legal News
November, 2018, page 62
The Pennsylvania Department of Corrections (PDOC) agreed to pay a meager $7,500 to settle a lawsuit that alleged its employees failed to properly treat a teenage prisoner’s mental health issues, resulting in her suicide.
Teasia M. Long was 17 on February 3, 2014 when she ignited rags doused …