Search | Prison Phone Justice

Notice Implies Consent to BOP Jail Phone Recordings

Article • May 15, 2007

Filed under: Crime/Demographics, Criminal Prosecution, Telephone Monitoring

Notice Implies Consent to BOP Jail Phone Recordings by The criminal defendants were convicted based in part on recordings of their telephone calls from jail. Title III of the Omnibus Crime ...

$163,900 Settlement in Illegal Shackling of Chicago Jail Prisoner

Article • May 15, 2007

Filed under: Excessive Force, Restraints, Telephone Access

and $6,500, respectively under the settlement. The prisoners were handcuffed to beds at the Cook County Hospital, which prevented them from going to court, using the telephone, writing and reading ...

Telephone User Has Standing to Sue Over Poor Service

Article • May 15, 2007

Filed under: Standing, Telephones, Telephone Access, Telephone Rates

Telephone User Has Standing to Sue Over Poor Service by A telephone user complaining of poor service had standing to sue the telephone service provider under 47 U.S.C. §§ 206 and 207 ...

Monitored Jail Phone Calls Admissible Evidence

Article • May 15, 2007

Filed under: Telephones, Telephone Monitoring

Monitored Jail Phone Calls Admissible Evidence by The criminal defendants' telephone conversations were tape-recorded pursuant to standard jail policy. They could be used as evidence ...

Legal Mail and Attorney Call Claims Subject to PLRA

Article • May 15, 2007

Filed under: Attorney Client, PLRA, Injunctions (PLRA), Attorney Calls, Legal Mail

Legal Mail and Attorney Call Claims Subject to PLRA by The plaintiff complained that his attorney-client telephone calls and correspondence were improperly intruded upon. At 159: Krilich ...

Michigan Court Requires Total Administrative Exhaustion of All Claims

Article • May 15, 2007

Filed under: Administrative Exhaustion, Telephones, Telephone Access

of unauthorized conduct, but challenges a permanent telephone restriction that was imposed pursuant to prison policy, and sues the warden and regional prison administrator who approved the restriction. At 742 ...

Bad Faith Allegation Not Required in 1983 Action

Article • May 15, 2007

Filed under: Complaints, Telephones, Telephone Monitoring, False Arrest, Arrest Warrants

Bad Faith Allegation Not Required in 1983 Action by The U.S. Supreme Court held that a plaintiff in a 42 U.S.C. §1983 action is not required to plead the defendant acted in bad faith. Carlos Riviera Gomez, a Puerto Rico police officer, was subpoenaed to testify in a criminal case …

N.Y. Detainee Rights Upheld Under Due Process

Article • May 15, 2007

Filed under: Telephones, Telephone Access, Publications/Books, Mail Regulations

constituted deprivation of due process, which included limitations on telephone use, receiving and sending letters, non-contact visiting periods, the receipt and reading of magazines and newspapers, medical ...

Denial of Mail and Phone Privileges Unreasonable Disciplinary Measures

Article • May 15, 2007

Filed under: Telephones, Telephone Access, Mail Regulations

Denial of Mail and Phone Privileges Unreasonable Disciplinary Measures by The U.S. District Court of Maine held that denial of detainee's access to mail and telephone privileges were ...

SAMs Valid, Requiring Defense Attorneys' Affirmation Invalid

Article • May 15, 2007

Filed under: Political Prisoners, Attorney Client, Telephones, Attorney Calls, Telephone Monitoring, Mail Regulations, Legal Mail, Attorney Visits

SAMs Valid, Requiring Defense Attorneys' Affirmation Invalid by A U.S. District Court held that Special Administrative Measures (SAMs) were valid as to the detention of a pretrial detainee, but defense attorneys need not give affirmation as to their acknowledgment of the SAMs. 28 C.F.R. §501.3(a) (Prevention of acts of violence …

Collect Only Telephone Calls to Attorneys Denies Access to Counsel

Article • May 15, 2007

Filed under: Attorney Client, Telephones, Telephone Access, Telephone Rates, Attorney Calls

Collect Only Telephone Calls to Attorneys Denies Access to Counsel by The California First District Court of Appeal has held that pre-trial detainee's have a right to a direct line telephone ...

Alabama Jail Totality Of Conditions Suit

Article • May 15, 2007

Filed under: Medical Records, Contagious Disease -- Misc., Notice of Charges, Totality of Conditions, Failure to Protect (General), Staffing, Exercise, Attorney Client, Telephone Access, Due Process, Religious Freedom, Denial of Religious Services

provide a reasonable degree of privacy when a prisoner is consulting with an attorney. 9. Visitation, Telephone and Mail: the jail must provide pretrial detainees reasonable visitation from their children ...

Attorney/Client Privileged Waived When Conversation Knowingly Recorded; Interstate Commerce Proven With De Minimus Effect

Article • May 15, 2007

Filed under: Attorney Client, Telephones, Attorney Calls, Telephone Monitoring

Attorney/Client Privileged Waived When Conversation Knowingly Recorded; Interstate Commerce Proven With De Minimus Effect by Attorney/Client Privileged Waived When Conversation Knowingly Recorded; Interstate Commerce Proven With De Minimus Effect The Eighth Circuit Court of Appeals held the government proved that robberies of a jewelry store affected interstate commerce and the …

$54,000 Attorney Fees Awarded in Indiana Disability Discrimination Suit

Article • May 15, 2007

Filed under: Deaf Prisoners, Disabled Prisoners, Attorneys, Attorney Fee Awards, Telephone Access

$54,000 Attorney Fees Awarded in Indiana Disability Discrimination Suit by An Indiana federal district court has awarded $54,000 in attorney fees and costs in a prisoner's disability discrimination lawsuit. The award came after a $5,000 summary judgment settlement between the parties. James Kennington was arrested and booked into Indiana's Marion …

A Look Inside Washington's Prison Phone Bidding System

Article • May 15, 2007

Filed under: Telephones, Telephone Rates

rescinded a Request for Proposals (RFP) to contract for prisoner telephone services. In March 2004, DOC issued an RFP to solicit bids for the implementation and operation of a new prisoner ...

Eighth Circuit Upholds Dismissal of Phone Rate Challenge

Article • May 15, 2007

Filed under: Telephones, Telephone Rates

, Nebraska. The County contracts with private telecommunications companies to provide inmates with telephone services at the DCCC. The private companies install and operate telephones at the DCCC. As part ...

New BOP Program Isolating Muslim, Middle Eastern Prisoners

Article • May 15, 2007 • from PLN May, 2007

Filed under: Racial Discrimination, Administrative Procedures Act (Federal), Telephones, Telephone Monitoring

Haute Federal Correctional Institution in Indiana. Under the CMU program, telephone communications must be conducted using monitored phone lines, be live-monitored by staff, are subject to recording ...

Louisiana Jail Sanctioned with Contempt, Fines and Attorney Fees

Article • May 15, 2007

Filed under: Legality of Rules, Food, Clothing, Showers, Hygiene Supplies, Vermin, Attorney Fee Awards, Law Library Access/Adequacy, Photocopies, Consent Decrees, Attorney Calls, Mail, Legal Mail, Attorney Visits

Louisiana Jail Sanctioned with Contempt, Fines and Attorney Fees by Louisiana Jail Sanctioned With Contempt, Fines and Attorney Fees A federal district court in Louisiana fined the Bienville parish jail, sheriff, police and the state of Louisiana $l2,000 plus $1,000 per day the jail was not in compliance with a …

BOP Liable for Medical Neglect under State Tort Law

Article • May 15, 2007

Filed under: Medical, Skeletal Injury, Malpractice, Attorney Fee Awards, State Law Claims, Federal Tort Claims Act, Equal Access to Justice Act, Attorney Calls

, which amounted to malpractice. While the court also found the BOP had deliberately interfered with plaintiff's attorney calls, the court held the BOP was liable only for the medical claims. Plaintiff ...

No Subpoena Required to Record Prison Phone Calls

Article • May 15, 2007

Filed under: Telephones, Telephone Monitoring

No Subpoena Required to Record Prison Phone Calls by The court of appeals for the Second circuit held that federal prisoners at the USP in Lewisburg, Pennsylvania, had received adequate notice that their phone calls were monitored and recorded. In this criminal prosecution for prison drug trafficking, the court held …