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More Settlements and Verdicts in New Hampshire False Disciplinary Charge Case

Article • July 15, 2007 • from PLN July, 2007

Filed under: Witnesses (Disciplinary Hearings), Notice of Charges, False Charges (Disciplinary Hearings), Toilets, Hygiene Supplies, Reading Materials, Telephones, Telephone Access, Supervisory Liability

material of any kind, writing materials, access to their legal papers, soap, toothpaste, toothbrushes, toilet paper, the ability to receive or send mail, use of a telephone, or visits. The water ...

Florida’s Broward County Jail: Abuse and Misconduct As Usual

Article • June 15, 2007 • from PLN June, 2007

Filed under: Contractor Misconduct, Jail Misconduct, Criminal Prosecution, Guard Brutality/Beatings, Telephones, Attorney Calls, Telephone Monitoring

recorded all phone calls, including privileged calls between prisoners and their lawyers. A BSO official claimed the recording was due to a "glitch" in the phone system, and only one attorney call had been ...

Evidence From Tape-Recorded Conversation Not Admissible

Article • May 15, 2007

Filed under: Criminal Prosecution, Telephones, Telephone Monitoring

Evidence From Tape-Recorded Conversation Not Admissible by In this criminal proceeding, the Supreme Court of California held that evidence from a car towed from defendant's apartment was admissible, but evidence from a tape-recorded conversation between the defendant and his wife was not. After his arrest, defendant's wife was permitted to …

Federal Filed Rate Doctrine Preempts State Action Challenging Prisoner Phone Rates

Article • May 15, 2007

Filed under: Telephones, Telephone Rates, Contractor Liability

for interstate collect calls from prisoners. The defendants, MCI Worldcom, ICO Teleservices, and ICO Telecommunications, provide telephone services that require the prisoners to make collect only calls ...

Attorney/Client Privilege Voided by Including Third Persons in Conversation

Article • May 15, 2007

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

, who argued the trial court abused its discretion by admitting testimony of his former attorney and a tape recording of a telephone conversation with that attorney. Black called his sister, who ...

Seventh Circuit Reverses Dismissal of Race/Exposure Claims

Article • May 15, 2007

Filed under: Furloughs, Racial Discrimination, Pepper Spray/Tear Gas, Court Access, Telephone Access

for failure to state a claim, of Flournoy's race-based denial of telephone and visiting claims. The court found that dismissal was precipitous because officials may not deny prisoners privileges based on race ...

Police Not Liable For Ban on Attorney Calls

Article • May 15, 2007

Filed under: Telephones, Attorney Calls

Police Not Liable For Ban on Attorney Calls by At 778 n. 4: The defendant state police could not be held liable for the plaintiff's inability to make a long distance call to his attorney ...

Ninth Circuit Upholds Prosecutor Denying Detainee Phone Access

Article • May 15, 2007

Filed under: Telephone Access, Attorney Calls, Control Units/SHU/Solitary Confinement

telephone access based on a letter from the prosecutor to the U.S. Marshal, which requested such action because the plaintiff's superseding indictment named five new defendants who were not yet in custody ...

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 ...