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Hawaii Supreme Court: Pretrial Solitary Wrong, but Warden Protected by Qualified Immunity

Article • April 2, 2019 • from PLN April, 2019

Filed under: Qualified Immunity, Control Units/SHU/Solitary Confinement

Hawaii Supreme Court: Pretrial Solitary Wrong, but Warden Protected by Qualified Immunity by Derek Gilna by Derek Gilna Mukadin Gordon, who had an extensive criminal record, was arrested for a non-violent offense in August 2010 and placed in solitary confinement for several months.  He sued under 42 U.S.C. § 1983 …

Hawaii Prison Guards’ Union Fights Policy of Denying Promotions

Article • February 6, 2019 • from PLN February, 2019

Filed under: Guard Unions

Hawaii Prison Guards’ Union Fights Policy of Denying Promotions by Matthew Clarke by Matt Clarke  In Hawaii, the United Public Workers union represents around 13,000 state and county employees, including approximately 1,200 prison guards. The union has been engaged in a seven-year battle against the Department of Public Safety’s policy …

State of Hawai’i HCR 85 Task Force on Prison Reform - Creating Better Outcomes, Safer Communities, 2018

Publication • January 1, 2019

Filed under: Furloughs, Sexual Assault, Totality of Conditions, Release and Reentry, Sentencing, Mental Health, Drug Treatment/Rehab, Suicides, Juveniles, Family, Veterans

State of Hawai’i HCR 85 Task Force on Prison Reform - Creating Better Outcomes, Safer Communities, 2018 Creating Better Outcomes, Safer Communities Final Report of the House Concurrent Resolution 85 Task Force on Prison Reform to the Hawai‘i Legislature 2019 Regular Session Prepared by the HCR 85 TASK FORCE with …

Hawaii DPS - GTL Contract 2017

Kickback publication • November 2, 2018

Filed under: Telephones

Hawaii DPS - GTL Contract 2017 STATE OF HAWAll CONTRACT FOR GOODS OR SERVICES BASED UPON COMPETITIVE SEALED PROPOSALS QC T This Contract, executed on the respective dates indicated below, is effective as of 2 3, 2~, between Department of Public Safety f!l/llllllllll/llllllllllllflllfllllllfllflllflf!ll/ll/lllllll/lllll (lns•rl name ofstatt department. agency. board or …

Hawaii DPS - GTL Rates 2017

Kickback publication • November 2, 2018

Filed under: Telephones, Telephone Rates

Hawaii DPS - GTL Rates 2017 Attachment - 82 STATE OF HAWAll COMPENSATION AND PAYMENT SCHEDULE For the provision of the inmate pay telephone setvices specified herein, the Contractor is authorized to charge the Inmate users of the system the following charges: Local (On Island) Outer Island Long-Distance International Calls …

Hawaii DPS - GTL Commission Information

Kickback publication • November 2, 2018

Filed under: Telephones

Hawaii DPS - GTL Commission Information Michelle Dillon From: Sent: To: Cc: Subject: Harrington, Shelley D <Shelley.D.Harrington@hawaii.gov> Wednesday, October 31, 2018 3:57 PM Michelle Dillon Schwartz, Toni E; Nadamoto, Laurie J RE: Open records request from the Human Rights Defense Center Ms. Dillion, I am being told that you are …

Reyes v. State of Hawaii, HI, Complaint, Sexual Abuse, 2018

Brief • October 19, 2018

Filed under: Sexual Assault, Prisoner-Staff Assault, Criminal Sexual Abuse

Reyes v. State of Hawaii, HI, Complaint, Sexual Abuse, 2018 Case 1:17-cv-00143-JAO-KJM Document 51 Filed 10/19/18 Page 1 of 37 PageID.431 LAW OFFICES OF MYLES S. BREINER MYLES S. BREINER 1003 Bishop Street, Suite 2150 Honolulu, Hawaii 96813 Tel. No. (808) 526-3426 Myles@Breinerlaw.net 4364 REVERE & ASSOCIATES A Limited Liability …

U.S. Marshals Capture Fugitive Former Prison Guard After 10 Years on the Run

Article • October 12, 2018 • from PLN October, 2018

Filed under: Guard Misconduct, Escapes

U.S. Marshals Capture Fugitive Former Prison Guard After 10 Years on the Run by Monte McCoin by Monte McCoin William F. Lawrence, a former Utah Department of Corrections guard, apparently thought that hiding out in a tropical paradise would spare him from a prison term after he pleaded guilty to …

State Criminal Justice Reform Efforts Gaining Traction

Article • July 2, 2018 • from PLN July, 2018

Filed under: Prison Reform, Criminal justice system reform, State Legislation

State Criminal Justice Reform Efforts Gaining Traction by Christopher Zoukis by Christopher Zoukis On the federal level, hopes for criminal justice reform have fallen victim to partisan bickering in Congress and a lack of substantive interest from the White House. Fortunately, state officials are not waiting around, and state-level reform …

Hawaii Prison System Failing to Uphold Agreement on Mental Health Care

Article • June 8, 2018 • from PLN June, 2018

Filed under: Failure to Treat (Mental Illness), Suicides

Hawaii Prison System Failing to Uphold Agreement on Mental Health Care by The suicides of three prisoners over a four-month period in mid-2017 brought new scrutiny to the Hawaii Department of Public Safety (DPS). Coming just two years after reaching a settlement with the U.S. Department of Justice (DOJ), the …

$100,000 Settlement in Suit Over Hawaii Guard’s Sexual Assault of Prisoner

Article • June 7, 2018 • from PLN June, 2018

Filed under: Staff-Prisoner Assault, Settlements

$100,000 Settlement in Suit Over Hawaii Guard’s Sexual Assault of Prisoner by Matthew Clarke by Matt Clarke The State of Hawaii and a former prison guard have each agreed to pay $50,000 to settle a lawsuit filed by a female prisoner who was sexually assaulted. Stormy Rae Smith was serving …

Cause of Action for Shaming Sex Therapy May Not Accrue Until after Release from Prison

Article • June 7, 2018 • from PLN June, 2018

Filed under: Misconduct/Corruption, Jail Misconduct, Mental Health, Involuntary Treatment/Drugging

Cause of Action for Shaming Sex Therapy May Not Accrue Until after Release from Prison by On August 29, 2017, the Ninth Circuit Court of Appeals held “it may be reasonable for an incarcerated individual who is told she must resurface past sexual trauma to overcome them to rely on …

HI DPS - GTL Announcement - Effective 2-1-2018

Kickback publication • February 1, 2018

Filed under: Organizing, Telephone Access

HI DPS - GTL Announcement - Effective 2-1-2018 8/28/2019 Department of Public Safety State of Hawaii Department of Public Safety Home » Effective February 1, 2018, all inmate phone calls (local, inter-island, mainland, and international) are provided by Global Tel Link (GTL). This provider allows calls to landline and wireless …

State of Hawai'i v. Eduwensuyi, HI, Opinion, Waiver of the Right to Testify, 2018

Brief • January 18, 2018

Filed under: Fifth Amendment, DUI, Constitutional Challenges/Law, Right to Testify/Remain Silent, Defendant's Right to Testify

State of Hawai'i v. Eduwensuyi, HI, Opinion, Waiver of the Right to Testify, 2018 ***FOR PUBLICATION IN WEST’S HAWAIʻI REPORTS AND PACIFIC REPORTER*** Electronically Filed Supreme Court SCWC-16-0000558 18-JAN-2018 08:01 AM IN THE SUPREME COURT OF THE STATE OF HAWAIʻI ---o0o--STATE OF HAWAIʻI, Respondent/Plaintiff-Appellee, vs. BENJAMIN EDUWENSUYI, Petitioner/Defendant-Appellant. SCWC-16-0000558 CERTIORARI …

Hawaii: OCCC Mental Health Care Fails, Prison Staff Fired

Article • December 5, 2017 • from PLN December, 2017

Filed under: Conditions of Confinement, Failure to Treat (Mental Illness)

Hawaii: OCCC Mental Health Care Fails, Prison Staff Fired by Monte McCoin by Monte McCoin Dr. Mark Mitchell believes that he and a number of other prison medical staffers were fired because they were in the process of returning the Oahu Community Correctional Center’s (OCCC) mental health care system to …

Failing to Report on Hawaii Furlough Is Not Escape

Article • November 30, 2017

Filed under: Conditions of Confinement, Release and Reentry

Failing to Report on Hawaii Furlough Is Not Escape by Mark Wilson by Mark Wilson The Hawaii Supreme Court reversed an escape conviction, finding that failing to report to a caseworker while on extended furlough is not escape. In June 2011, Hawaii prisoner Eugene Paris Jr. was released on an …

Moana v. Wong, HI, Opinion, Petitions for Writ of Mandamus, 2017

Brief • November 21, 2017

Filed under: Family Law, Sixth Amendment, Mandamus, Writ of

Moana v. Wong, HI, Opinion, Petitions for Writ of Mandamus, 2017 ***FOR PUBLICATION IN WEST’S HAWAIʻI REPORTS AND PACIFIC REPORTER*** Electronically Filed Supreme Court SCPW-17-0000171 21-NOV-2017 09:32 AM IN THE SUPREME COURT OF THE STATE OF HAWAIʻI ---o0o--SI UFAGA MOANA, Petitioner, vs. THE HONORABLE FRANCES Q. F. WONG, Judge of …

Smith v. State of Hawaii, HI, Judgment, Sexual Assault, 2017

Brief • September 1, 2017

Filed under: Staff-Prisoner Assault

Smith v. State of Hawaii, HI, Judgment, Sexual Assault, 2017 Case 1:14-cv-00432-LEK-KSC Document 122 Filed 09/01/17 Page 1 of 6 PageID #: 659 MYLES S. BREINER 4364 LAW OFFICE OF MYLES S. BREINER Davies Pacific Center 841 Bishop Street, Suite 2115 Honolulu, Hawaii 96813 Telephone: (808) 526-3426 Facsimile: (808) 521-7680 …

Smith v. State of Hawaii, HI, Settlement, Sexual Assault, 2017

Brief • July 31, 2017

Filed under: Staff-Prisoner Assault

Smith v. State of Hawaii, HI, Settlement, Sexual Assault, 2017 .. ,_ n n SETTLEMENT AGREEMENT, JOINT TORTFEASOR RE~EASE, AND DEFENSE AND INDEMNITY AGREEMENT STORMY RAE SMITH, (hereinafter "Releasor"), for Releasor and Releasor' s heirs, representatives, executors, administrators, successors and assigns, in consideration of the sum of FIFTY THOUSAND AND …

Does v. State of Hawaii, HI, Complaint, Sexual Assault, 2017

Brief • July 26, 2017

Filed under: Sexual Assault, Prisoner-Staff Assault

Does v. State of Hawaii, HI, Complaint, Sexual Assault, 2017 Case 1:17-cv-00143-JAO-KJM Document 24 Filed 07/26/17 Page 1 of 29 PageID.301 MYLES S. BREINER 4364 LAW OFFICES OF MYLES S BREINER 841 Bishop Street, Suite 2115 Honolulu, Hawaii 96813 Telephone: (808) 526-3426 E-Mail: Myles@Breinerlaw.net Attorney for Plaintiffs Jane Does 1-10 …