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FBI Can Use Prisoners' Phone Calls for Any Lawful Purpose
Article • May 15, 2007
Filed under: Telephones, Telephone Monitoring
FBI Can Use Prisoners' Phone Calls for Any Lawful Purpose by Affirming the decision of the U.S. District Court of Maryland, the U.S. Fourth Circuit Court of Appeals held that prisoners of the Bureau of Prisons (BOP) consent to have their telephone calls monitored and taped and that the Federal …
Prisoner Telephone Calls In County Jail Can Be Recorded
Article • May 15, 2007
Filed under: Telephones, Telephone Monitoring
Prisoner Telephone Calls In County Jail Can Be Recorded by Federal prisoner Gary Friedman filed a motion to suppress tape recordings of certain telephone conversations that he made to his brother (an attorney) while in county jail. The trial court denied Friedman's suppression motion. Friedman appealed, claiming that the tape …
No Absolute Immunity for Illegal Wiretap; Qualified Immunity Standard Issued
Article • May 15, 2007
Filed under: Prosecutor/Attorney General Misconduct, Telephones, Telephone Monitoring, Qualified Immunity
No Absolute Immunity for Illegal Wiretap; Qualified Immunity Standard Issued by The U.S. Supreme Court held that status as a Cabinet Officer is not in itself sufficient to invest that officer with absolute immunity from suit. In 1970, Attorney General John Mitchell authorized a warrantless wiretap of William Davidson's telephone …
Sawchuck v. Jenne, FL, Order, Attorney-Client Communications, 2007
Brief • March 30, 2007
Filed under: Jail Misconduct, Attorney Client, Attorney Calls, Telephone Monitoring
Sawchuck v. Jenne, FL, Order, Attorney-Client Communications, 2007 ,~.- Case 0:06-cv-61182- KAM Document 49 " Entered on FLSD Docket 03/30/2007 Page UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 06- 61182- Civ- MARRAlJOHNSON JOSEPH SAWCHUCK and RICHARD SPENCER individually and on behalf of all others similarly situated Plaintiffs …
No Qualified Immunity in Civil Commitment Phone Monitoring
Article • July 15, 2004 • from PLN July, 2004
Filed under: Injunctions, Telephones, Telephone Monitoring, Qualified Immunity, Civil Commitment
No Qualified Immunity in Civil Commitment Phone Monitoring by The Ninth U.S. Circuit Court of Appeals reversed summary judgment granted by the U.S. District Court, Western District of Washington, to officials at the Special Commitment Center (SCC) for sex offenders at McNeil Island, Washington. This case is part of ongoing …
Nebraska Prisoners Win Summary Judgment on Phone Access and Monitoring Issues
Article • June 15, 2004 • from PLN June, 2004
Filed under: Attorneys, Attorney Client, Telephone Access, Attorney Calls, Telephone Monitoring, Access to Media
Nebraska Prisoners Win Summary Judgment on Phone Access and Monitoring Issues by Nebraska Prisoners Win Summary Judgment on Phone Access and Monitoring Issues by Matthew T. Clarke A Nebraska state district court granted Nebraska state prisoners' summary judgment on issues involving the monitoring and recording of phone calls to government …
Secretly Recorded California Jail Phone Conversations May Be Used to Convict
Article • July 15, 2003 • from PLN July, 2003
Filed under: Criminal Prosecution, Telephones, Telephone Monitoring
Secretly Recorded California Jail Phone Conversations May Be Used to Convict by John E Dannenberg by John E. Dannenberg The California Supreme Court held that jail detainees' unprivileged (non-attorney) phone conversations and visits may be secretly recorded and that that information may be used to convict. This ruling, which reversed …
Prisoner Phone Recordings not Exempt from FOIA Disclosure
Article • March 15, 2003 • from PLN March, 2003
Filed under: Attorney Misconduct, Freedom of Information Act, Telephones, Attorney Calls, Telephone Monitoring
Prisoner Phone Recordings not Exempt from FOIA Disclosure by Prisoner Phone Recordings Not Exempt From FOIA Disclosure The Court of Appeals for the DC Circuit has held that a prisoner is entitled under the Freedom of Information Act (FOIA) to recordings of his properly monitored phone conversations with his attorney …
South Carolina County Pays $276,660 for Illegal Wiretaps on Judges' Telephones
Article • February 15, 2003 • from PLN February, 2003
Filed under: Judiciary, Telephones, Telephone Monitoring, Municipal Liability
South Carolina County Pays $276,660 for Illegal Wiretaps on Judges' Telephones by The U. S. Court of Appeals for the Fourth Circuit affirmed a federal district court's $276,660 damage award to South Carolina state court judges who alleged that Greenville County law enforcement officers ran unlawful wiretaps on their telephones …
Notes From the Unrepenitentiary: Whose Security?
Article • August 15, 2001 • from PLN August, 2001
Filed under: Telephones, Telephone Access, Telephone Monitoring, Mothers in Prison
Notes From the Unrepenitentiary: Whose Security? by Marilyn Buck Notes From The Unrepenitentiary: Whose Security? by Marilyn Buck Two children, both with mothers imprisoned at FCI Dublin, died within a two-week period. Both children were adolescent boys, aged 13 and 9, repectively. One of the children ran away from his …
Ohio 'Entrepreneur' Lands in Hot Water
Article • April 15, 2001 • from PLN April, 2001
Filed under: Crime, Telephones, Telephone Access, Telephone Monitoring
Ohio 'Entrepreneur' Lands in Hot Water by An Ohio prisoner will spend an additional three years and three months in prison after pleading guilty to theft charges stemming from an elaborate credit card and telephone scam he ran from behind bars. Lonny Lee Bristow, 27, was already serving a 9year …
Private Prison Denied Wiretap Exception
Article • September 15, 1999 • from PLN September, 1999
Filed under: Cornell Corrections, Administrative Exhaustion (PLRA), Standing, Telephones, Attorney Calls, Telephone Monitoring
Private Prison Denied Wiretap Exception by A federal district court in Rhode Island held that a private jail is neither a "law enforcement" agency, nor a federal Bureau of Prisons (BOP) facility, that would shield it from liability under federal wiretapping statutes, 18 U.S.C. §§ 2510-2520 (the Act). The court …
Prison Phones Discussed
Article • May 15, 1998 • from PLN May, 1998
Filed under: Injunctions, Estoppell, Telephones, Telephone Access, Telephone Monitoring
Prison Phones Discussed by As more and more prison systems use automated phone systems that automatically record and monitor conversations there are increased questions about the legality of such systems. This ruling arose from an indirect challenge to the Massachusetts Inmate Telephone System (MITS). The MITS requires prisoners to obtain …
Illinois DOC Phone System Upheld
Article • May 15, 1997 • from PLN May, 1997
Filed under: Standing, Telephones, Telephone Access, Telephone Rates, Telephone Monitoring, Qualified Immunity
Illinois DOC Phone System Upheld by A federal district court in Illinois held that the phone system used in the Illinois DOC does not violate the first amendment. Four Illinois state prisoners at the Western Illinois Correctional Center (WICC) filed suit against several prison officials and AT&T claiming the prison …
Connecticut Supreme Court Upholds Phone and Mail Restrictions
Article • April 15, 1997 • from PLN April, 1997
Filed under: Telephones, Attorney Calls, Telephone Monitoring, Mail Regulations
Connecticut Supreme Court Upholds Phone and Mail Restrictions by In the February, 1995, issue of PLN we reported that Connecticut state prisoners had filed a class action suit in state court challenging prison regulations that required the recording of prisoner phone calls and that prisoners, outgoing mail could be read …
Call Recipient's Rights Not Violated in Phone Taping
Article • February 15, 1997 • from PLN January, 1997
Filed under: Criminal Prosecution, Telephones, Telephone Monitoring
Call Recipient's Rights Not Violated in Phone Taping by The court of appeals for the second circuit held that the rights of the free person accepting a collect call from a prisoner are not violated when the calls are taped and monitored by law enforcement officials. It also held prisoners …
No Right to Unmonitored Prison Calls
Article • November 15, 1996 • from PLN November, 1996
Filed under: Telephones, Telephone Monitoring
No Right to Unmonitored Prison Calls by The court of appeals for the ninth circuit held that pretrial detainees and prisoners retain no statutory or constitutional right to privacy in their outgoing phone calls. From the outset readers should note this is a criminal case, not a civil rights action …
Washington Legislation Passed
Article • July 15, 1996 • from PLN July, 1996
Filed under: Sex Offenders (Discrimination), Victims, Costs, Three Strikes, Telephones, Telephone Monitoring, Death Penalty, State Legislation
Washington Legislation Passed by The Washington legislature was in session for a mercifully short 60 day session between January and March, 1996. In that period several hundred anti-prisoner and anti-defendant bills were introduced, at a cost of $1,500 each. While several passed the legislature about half of those passed were …
Massachusetts Phone Injunction Affirmed
Article • July 15, 1996 • from PLN July, 1996
Filed under: Settlements, Injunctions, Contempt (Civil Procedure), Telephones, Telephone Rates, Telephone Monitoring
Massachusetts Phone Injunction Affirmed by The court of appeals for the first circuit affirmed a district court's contempt finding against prison officials concerning the monitoring and taping of prisoners' phone calls. In 1979 William Langton and David LeBlanc filed suit against Massachusetts prison officials over the interception and monitoring of …
6th Cir. Rules on BOP Phone Suit PI
Article • March 15, 1995 • from PLN March, 1995
Filed under: Preliminary Injunctions/TRO's, Class Certification, Seizure of Prisoner Funds, Telephones, Telephone Access, Telephone Rates, Telephone Monitoring
6th Cir. Rules on BOP Phone Suit PI by The March and November, 1994, issues of PLN both contained extensive articles about Washington v. Reno, the nationwide class action suit that challenges numerous aspects of the Inmate Telephone System (ITS) in the process of being installed at federal Bureau of …
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