Women, Incarcerated
by Sharona Coutts and Zoe Greenberg, RH Reality Check
Investigative Series Shows Systemic Abuses of Women in Prisons and Jails
Keeley Schenwar learned she was pregnant the same day she was arrested. That spring of 2013, she didn’t pee on a stick and study the results in the ...
$1 Million for Medical Neglect Death of Wisconsin Jail Prisoner
by David M. Reutter
A Wisconsin federal jury awarded $1 million to the estate of a prisoner who died of a heart attack at the Racine County Jail (RCJ); the award came after the jury found jail officials were deliberately ...
From the Editor
by Paul Wright
The one area of American life where no one is calling for gender equality or parity is that of mass incarceration. Prisons are and remain a tool of social control aimed primarily at men, who make up 91% of all prisoners. The number of ...
A City of Convicts: The statistical sleight of hand that makes the U.S. crime rate seem lower than it really is
by Josh Voorhees
Imagine an American city with 2.2 million people, making it the fourth largest in the nation behind New York, Los Angeles and Chicago. Now imagine that city is ...
$1.35 Million Award in Montana Jail Prisoner’s Alcohol Withdrawal Death
by David M. Reutter
The Montana Human Rights Commission (MHRC) awarded $1.35 million for a pre-trial detainee’s death after finding county jail officials showed “discriminatory indifference” for failing to treat the prisoner’s alcohol withdrawal symptoms.
Allen J. Longsoldier, Jr., 18, ...
New Jersey Pre-trial Detainee’s Mysterious Death Results in $650,000 Settlement
by David M. Reutter
$650,000 settlement was reached in a lawsuit filed by the estate of a prisoner who died at the Cumberland County Jail (CCJ) in New Jersey.
Steven C. Bell, 32, was arrested on New Year’s Eve 2007 ...
Grand Jury Investigates Santa Cruz County Jail Deaths
by N.H. Putnam, Sin Barras
Santa Cruz County, California is seen by many as a model for enlightened jail policies. But in May 2014 the Santa Cruz County Grand Jury released a report on the unusual number of deaths in the county ...
Loaded on
June 3, 2015
published in Prison Legal News
June, 2015, page 26
Is Redemption Possible for Former Prisoners?
The three women who were kidnapped and held hostage by Ariel Castro in a “house of horrors” in Cleveland, Ohio – tortured and sexually abused for roughly a decade – have been repeatedly praised for their strength and resilience since their rescue in May ...
Massachusetts: Wrongful Death Claims Survive Summary Judgment in Prisoner Suicide Case
by Mark Wilson
n September 15, 2014, a Massachusetts superior court denied summary judgment to jail officials on a wrongful death claim related to a prisoner’s suicide, though the court dismissed deliberate indifference claims against three defendants.
Eric Adams ...
Arbitrator’s Award on Pay Raises for Prison Guards Costs Pennsylvania County $5 Million
by David M. Reutter
Pennsylvania’s Lancaster County Commission has been forced to dip into its reserve funds to comply with an “unaccountable” arbitration award that resulted in a 7% annual pay increase for the county’s prison guards. ...
$1.75 Million Settlement in Michigan Detainee’s Heroin Withdrawal Death
by David M. Reutter
A $1.75 million settlement was reached in a lawsuit brought by the estate of a pre-trial detainee who died as a result of heroin withdrawal after being denied medical care.
In the days leading up to and ...
Loaded on
June 3, 2015
published in Prison Legal News
June, 2015, page 30
Ex-Con Seeks Return to Prison for Medical Treatment
In a depressing commentary on the availability of health care in the United States, a former federal prisoner got himself arrested so he could receive treatment for his leukemia. Although a judge declined to re-imprison the man, saying it would be inhumane, ...
Loaded on
June 3, 2015
published in Prison Legal News
June, 2015, page 30
Palestinian Prisoners in Israeli Jails Smuggle Sperm to Impregnate Wives
by Matt Clarke
Authorities in Israel concede there is little they can do to stop a growing practice among Palestinian prisoners: smuggling their sperm out of prison in order to impregnate their wives and father children.
Since August 2012, about ...
Denial of Time Served Credit Violates Vermont Law
by Mark Wilson
On August 29, 2014, the Vermont Supreme Court held that an amended sentencing order denying time served credit violated state law.
In June 2013, Roger Perry pleaded no contest to two burglary charges in exchange for a total prison ...
“American Taliban” Wins Injunction Against BOP Religious Worship Restrictions
by Derek Gilna
Federal prisoner John Walker Lindh, better known as the “American Taliban,” who pleaded guilty to fighting for the Taliban in Afghanistan and carrying an explosive during the commission of a felony, has won a lawsuit against the warden ...
Ninth Circuit: BOP Improperly Denied RDAP Sentence Reduction; Remedy may be Reduced Supervised Release Term
by Mark Wilson
The Ninth Circuit Court of Appeals held on October 27, 2014 that the federal Bureau of Prisons (BOP) had improperly denied a prisoner early release eligibility, and remanded the case for a ...
Loaded on
June 3, 2015
published in Prison Legal News
June, 2015, page 34
New Report Cites Improvements at Troubled Ohio Prison
Prisoner-on-staff assaults at the Toledo Correctional Institution (TOCI) in Ohio continued to rise in fiscal year 2014, but a recent report from a state inspection team indicates the facility has made improvements in other areas, and prisoner-on-prisoner assaults have declined significantly.
The ...
Oregon: No Presumed Prejudice for Violation of Attorney-Client Communication
by Mark Wilson
On August 20, 2014, the Oregon Court of Appeals upheld a lower court’s refusal to dismiss criminal charges against a defendant because a detective had read his legal mail.
Michael James Russum, 33, was charged with four sex ...
$266,653 Judgment in Lawsuit Challenging Alabama Prison’s Improper Sewage Discharge
by David Reutter
Following a settlement agreement between Black Warrior Riverkeeper (Riverkeeper) and Alabama Utility Services (AUS), a judgment was entered in a lawsuit that alleged the sewage treatment plant at the William E. Donaldson Correctional Facility (DCF) had discharged ...
Nebraska Court Awards Prisoner $267,000 in Failure to Protect Suit
by David M. Reutter
Following a bench trial, a Nebraska state court found prison officials were aware of threats to prisoner James M. Saylor but failed to take steps to protect him. Consequently, the court awarded damages and interest totaling ...
Judicial Misconduct Results in Mild Sanctions
by Matt Clarke
In November 2011, the Texas Commission on Judicial Conduct (TCJC) temporarily suspended Aransas County Court-at-Law Judge William Adams after a 2004 video of Adams viciously beating his then-16-year-old daughter, Hillary, went viral. The state Supreme Court reinstated Adams on November 9, ...
Dismissal of State-Created Danger Claim Reversed
by David M. Reutter
The Third Circuit Court of Appeals reversed a district court’s order dismissing a civil rights action that alleged the disclosure of a confidential informant’s status established a state-created danger in violation of his due process rights.
The suit at issue ...
$71,000 Settlement in Iowa Prisoner’s Sexual Harassment Claim
by David M. Reutter
A former Iowa prisoner received a $71,000 settlement after being sexually harassed at her prison job in a case that established prisoners have civil rights protections with respect to employment under Iowa state law.
While incarcerated at the ...
Nevada DOC’s “One Eye Policy” Challenged; Summary Judgment Reversed
by Lonnie Burton
In an October 24, 2014 corrected ruling, the Ninth Circuit Court of Appeals addressed a Nevada prison policy that denies prisoners with one good eye medical treatment for their other eye. The 2-1 decision reinstated a lawsuit that ...
Washington Prisoner’s Wife Prevails on PRA Claim for Investigative Report Redactions
by Mark Wilson
On September 16, 2014, the Washington Court of Appeals held that information redacted from a prison investigative report should have been disclosed to a prisoner’s wife under the state’s Public Records Act (PRA). The appellate court ...
Automatic Oregon Death Row Confinement Pending Resentencing Enjoined
by Mark Wilson
On October 10, 2014, an Oregon federal judge enjoined prison officials from automatically segregating death sentenced prisoners who have had their sentences vacated and are awaiting resentencing.
Oregon Department of Corrections (ODOC) prisoners are assigned custody levels pursuant to ...
Fifth Circuit Holds Texas Prisoner has Right to Free Kosher Meals
by Matt Clarke
On December 21, 2012, in a lawsuit that still remains pending, the Fifth Circuit Court of Appeals held that a Jewish prisoner in Texas has the right to receive free kosher meals.
Max Moussazadeh, 36, filed ...
Loaded on
June 3, 2015
published in Prison Legal News
June, 2015, page 44
Fourth Circuit Finds No Sex Reassignment Surgery Evaluation States Claim; $13,000 Settlement
he Fourth Circuit Court of Appeals held on January 28, 2013 that refusal to evaluate a transgender prisoner for sex reassignment surgery states a valid Eighth Amendment claim. The case later settled after the plaintiff was released on ...
Sixth Circuit: Group Strip Searches and Delousing at Ohio Jail State Claim
by David Reutter
The Sixth Circuit Court of Appeals has held that a proposed class-action complaint filed on behalf of pretrial detainees at the Cleveland House of Correction, which alleged it was unreasonable for the jail to 1) ...
California Tests State Prisoners for Valley Fever Amid Lawsuits, Deaths
by Derek Gilna
The State of California is taking steps to minimize the number of cases of coccidioidomycosis, a fungal infection commonly known as “valley fever,” at two prisons in the rural Central Valley area, including testing prisoners for the ...
Federal Court Strikes Down Pennsylvania Law that Restricts Prisoners’ Speech
by Derek Gilna
Pennsylvania state lawmakers and former Pennsylvania Governor Tom Corbett both claimed they had good intentions when they enacted legislation that restricted prisoners’ free speech rights if their speech might upset crime victims. A federal judge disagreed, however, ...
$110,000 Settlement in Suit over Nebraska Jail Prisoner’s Suicide
by Matt Clarke
Lincoln County, the City of North Platte and Great Plains Regional Medical Center agreed to settle a lawsuit filed by the sister of a Nebraska jail prisoner who committed suicide. As part of the settlement, the county agreed ...
New York: $360,000 Award for Guard’s Statutory Rape of Prisoner
by Matt Clarke
The New York Court of Claims has awarded a former prisoner $360,000 in a lawsuit in which she claimed a prison guard repeatedly had sexual contact with her, some of it unwilling, and impregnated her.
The plaintiff, ...
Loaded on
June 3, 2015
published in Prison Legal News
June, 2015, page 50
Maryland DOC’s Ban on Media Interviews with Prisoners Upheld
Maryland Circuit Court found apetition filed by a group of prisoners who were denied interviews by a local newspaper was moot, but questioned the propriety of using victims’ rights as a reason for prison officials to veto the interviews.
In November ...
Supreme Court Reinstates Challenge to North Carolina Post-Release GPS Sex Offender Monitoring
by Derek Gilna
In a March 30, 2015 ruling, the U.S. Supreme Court addressed a North Carolina law that requires certain sex offenders to wear a satellite-tracking device following their release from prison. Torrey Dale Grady had been ...
Two Former Oklahoma Prison Guards Get Deferred Sentences in Prisoner’s Death
by Matt Clarke
Two former guards at the Oklahoma State Penitentiary (OSP) received deferred sentences in connection with the death of an OSP prisoner who died due to smoke inhalation after setting fire to the mattress in his cell. ...
Ninth Circuit: Plata Doesn’t Bar Individual Injunctive Relief Claims; $26,000 Settlement
by Mark Wilson
The Ninth Circuit Court of Appeals has held that an individual California prisoner’s medical care injunctive relief claims are not barred by Plata v. Brown, the class-action suit that seeks systemic reform of California’s prison ...
Feds and Tennessee Officials Investigate Prisoners Using Facebook
by David Reutter
The Bureau of Prisons is investigating two prisoners who were discovered using Facebook to “broadcast live” from a federal facility in Atlanta, where they are serving time on drug and weapons charges. The probe was initiated following a November ...
Former Nurse at Maine State Prison Files Suit Over Racial Slurs
by Joe Watson
For the second time in as many years, allegations of racism have been leveled against employees at the Maine State Prison. In the most recent incident, a former nurse at the facility filed suit in federal ...
Loaded on
June 3, 2015
published in Prison Legal News
June, 2015, page 56
Over 100 Protestors Converge at GEO Group’s Shareholder Meeting
On April 29, 2015, over 100 people joined a protest outside the GEO Group’s annual shareholder meeting at the Boca Resort and Club in Boca Raton, Florida. GEO, a private prison firm that trades on the New York Stock Exchange, bills ...
Loaded on
June 3, 2015
published in Prison Legal News
June, 2015, page 56
Ninth Circuit: PLRA Fee Cap Inapplicable to Fees on Appeal
by Mark Wilson
The Ninth Circuit Court of Appeals held that the attorney fee cap provision of the Prison Litigation Reform Act (PLRA) does not apply to fees incurred on appeal.
California prisoner Earnest Cassell Woods II obtained a federal ...
Wyoming Prisoner Escapes from Private Transport Van, Remains on the Run
by Mark Wilson
If his history is any indication, Wyoming fugitive Kenneth James Ward probably didn’t need a head start. But he got one when a private prison transport company let him get away and did not report the ...
BOP Settles Medical Negligence Claim for $600,000
by David M. Reutter
The federal Bureau of Prisons (BOP) paid $600,000 to settle a lawsuit alleging officials at USP Coleman Low caused a prisoner to suffer permanent injuries due to their negligent provision of medical care.
BOP prisoner Robert Lee Hernandez arrived ...
Loaded on
June 3, 2015
published in Prison Legal News
June, 2015, page 58
Tennessee County Agrees to Improve Mental Health Care for Prisoners
The Civil Rights Division of the U.S. Department of Justice (DOJ) has reached an agreement to settle a civil complaint that alleged the rights of mentally ill prisoners at the Robertson County Detention Facility (RCDF) in Springfield, Tennessee were being ...
Second Circuit: Rule 41 Dismissal Requires Five Factor Analysis
by Mark Wilson
In September 24, 2014, the Second Circuit Court of Appeals held that a district court had improperly dismissed a New York prisoner’s lawsuit for failure to prosecute, without weighing the required factors.
Federal prisoner Harry Baptiste filed suit ...
Pollution Prison in Pennsylvania
by Mumia Abu-Jamal
Recently, a group of human rights researchers, responding to letters from prisoners at SCI Fayette, found a slew of environmental dangers and threats to the lives, health and well-being of hundreds of prisoners, guards and other staff members at the prison in Western ...
Former PA Supreme Court Justice Convicted, Disbarred, Ordered to Write Apology
by Joe Watson
The Pennsylvania Supreme Court has accepted the voluntary disbarment of one of the high court’s former jurists who was convicted in 2013 on corruption charges. Former Justice Joan Orie Melvin, 58, was also ordered to come ...
Nevada Jail Charges Prisoners for Meals, Medical Care to Defray Costs
by Michael Brodheim
Overcrowding at Nevada’s Elko County jail is expected to ease with the scheduled completion of an addition to the facility, while the jail continues to work on correcting deficiencies reported in a Nevada Department of Health ...
Loaded on
June 3, 2015
published in Prison Legal News
June, 2015, page 63
News in Brief
Arizona: Sergio Aguilar, 51, incarcerated at the Towers Jail in Phoenix, died on November 4, 2014 following a fight among several prisoners that reportedly started over a commissary-related issue. The Maricopa County Sheriff’s Office said the incident was a “racially divided brawl” and Aguilar had been ...
