Prison Phone Justice

Case 1:11-cv-00144-LEK-BMK Document 191-3
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IN THE UNITED STATES DISTRICT COURT
OF THE STATE OF HAWAII
RICHARD KAPELA DAVIS, MICHAEL CIV. NO. 11-00144 LEK/BMK
HUGHES, DAMIEN KAAHU, ROBERT
A. HOLBRON, JAMES KANE, III, and
DECLARATION OF DANIEL
ELLINGTON KEAWE,
M. GLUCK AND EXHIBIT 1
Plaintiffs,
v.
NEIL ABERCROMBIE, in his official
capacity as the Governor of the State of
Hawaii; TED SAKAI, in his official
capacity as Director of the Hawaii
Department of Public Safety;
CORRECTIONS CORPORATION OF
AMERICA,
Defendants.

DECLARATION OF DANIEL M. GLUCK
I, Daniel M. Gluck, hereby declare:
1.

I am the Senior Staff Attorney with the American Civil

Liberties Union of Hawaii. The American Civil Liberties Union of Hawaii
is dedicated to protecting the fundamental freedoms enshrined in the United
States and Hawaii State Constitutions.
2.

I am duly licensed to practice before Hawaii State Courts and

the United States District Court for the District of Hawaii.

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3.

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I make this Declaration based on my personal knowledge and

am competent to testify to the matters discussed herein.
4.

Attached hereto as Exhibit 1 is a true and correct copy of a

letter dated April 7, 2009 from Tommy Johnson, then Deputy Director for
Corrections for the State of Hawaii, to me.
5.

The ACLU of Hawaii receives hundreds of complaints a year

regarding prison conditions, including many complaints regarding
conditions at the Corrections Corporation of America’s Saguaro
Correctional Center. Since I joined the ACLU of Hawaii in 2007, my office
has received multiple complaints from prisoners, attorneys, and others that
CCA staff members will stand next to prisoners when those prisoners are on
the phone with their attorneys. My office has also received numerous
complaints that prisoners are threatened with retaliation, and/or are retaliated
against, for things they have said during these telephone calls.
6.

I visited the Saguaro Correctional Center in February 2009, and

spent five days meeting with prisoners about conditions at the facility. Prior
to that visit, I had made clear that I was an attorney and that these meetings
were intended to be confidential. Prior to my arrival at the facility, an
attorney for CCA (with whom I had been exchanging e-mails for purposes

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of arranging the logistics of my visit) sent me an e-mail stating that she
would be “in attendance” when I met with prisoners.
7.

On Friday, February 20, 2009, I arrived at the facility and was

directed by CCA staff and the attorney for CCA with whom I had been
corresponding to an unused library with two tables, approximately four feet
apart from one another, where I was to conduct my private meetings with the
prisoners.
8.

When we arrived at the library for the meetings, the CCA

attorney explained that she intended to sit in the library at one of the tables –
approximately four feet from where I would be sitting – during the meetings.
There is no question that, had she done so, she would have been able to see
and hear the entirety of these confidential discussions. I objected to her
proposal, and was ultimately able to conduct the meetings without further
interference.

I declare under penalty of perjury that the foregoing is true and
correct.
Executed this 16th day of October, 2012, in Honolulu, Hawaii.
/s/ Daniel M. Gluck
DANIEL M. GLUCK

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