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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rescinded a Request for Proposals (RFP) to contract for prisoner telephone services.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 …

Protective Custody Conditions Suit Remanded

Article • May 15, 2007

Filed under: Food, Exercise, Attorney Calls, Religious Freedom, Denial of Religious Services

Protective Custody Conditions Suit Remanded by The court of appeals for the Eighth circuit held that a lower court erred when it dismissed as frivolous a lawsuit that Missouri prisoners in Protective Custody (PC) were deprived of religious services, only received 45 minutes of exercise a week, were denied adequate …

Jail Detainee Has Right of Court Access

Article • May 15, 2007

Filed under: Court Access, Legal Materials, Telephone Access, Attorney Calls

Jail Detainee Has Right of Court Access by The court of appeals for the Ninth circuit held that a California jail detainee's court access rights were violated when the jail interfered with court ordered local and long distance phone calls, legal materials, subpoena runner and obtaining legal materials and an …

Jail Vermin States Claim

Article • May 15, 2007

Filed under: Exercise, Showers, Vermin, PLRA, Physical Injury Rule, Telephone Access

Jail Vermin States Claim by The court of appeals for the Eighth circuit, sitting en Banc, held that a Missouri jail prisoner had stated a constitutional claim because he was held in a six foot by six foot cell for 72 hours at a time and allowed only one fifteen …

Ad-Seg Phone Limit Upheld

Article • May 15, 2007

Filed under: Telephones, Telephone Access

Ad-Seg Phone Limit Upheld by The court of appeals for the Eighth circuit upheld a Nebraska prison's administrative segregation policy that permitted ad seg prisoners to call only three on a list, and the list was limited to two family members and one female friend. In doing so, the appeals …

Collect Call Phone System Doesn't Violate Right to Court Access

Article • May 15, 2007

Filed under: Attorney Client, Court Access, Telephone Access, Telephone Rates, Attorney Calls, Telephone Monitoring

Collect Call Phone System Doesn't Violate Right to Court Access by A federal district court in Tennessee held that no constitutional violation occurred when a Tennessee prison replaced its coin operated phones with a coinless, collect call only phone system. Lawsuit was brought in context of access to counsel and …

FBI Can Use Prisoners' Phone Calls for Any Lawful Purpose

Article • May 15, 2007

Filed under: Telephones, Telephone Monitoring

handbook and twice during orientation that all calls other than attorney calls are monitored. Further, Hammond signed a consent form agreeing to monitoring. It found that Hammond's consent was an exception ...

$4,000 Award to IN Jail Prisoner Placed on Suicide Watch

Article • May 15, 2007

Filed under: HIV/AIDS, Strip Cells, Bedding, Hygiene Supplies, Court Access, Writing Implements, Damages, New Trial Motions, Telephone Access, Postage, Suicides

of the jail's policy; also named in the suit were two deputy jail guards who he alleged violated his constitutional rights by denying him water, hygiene items, visitation privileges, telephone access, writing ...

Prisoner Prevailing Party, Awarded Attorney Fees

Article • May 15, 2007

Filed under: Attorney Fee Awards, Telephone Access, Mail, Legal Mail, Failure to Treat (Mental Illness)

with regulations regarding "process and delivery of plaintiff's mail and telephone access." In addition, prisoner's refusal to volunteer to be double bunked could not affect his privilege status. However ...

Los Angeles County Jail Conditions Unconstitutional

Article • May 15, 2007

Filed under: Totality of Conditions, Ventilation, Exercise, Jail Specific, Lighting, Court Access, Law Library Access/Adequacy, Court Appearances, Telephone Access

Los Angeles County Jail Conditions Unconstitutional by A California federal district court held the conditions at the Los Angeles County Jail were unconstitutional. This class action suit resulted in a non-jury trial that alleged violations of the pre-trial detainees' constitutional rights under the Fourteenth Amendment. The court found the detainees …

Prisoner Telephone Calls In County Jail Can Be Recorded

Article • May 15, 2007

Filed under: Telephones, Telephone Monitoring

Prisoner Telephone Calls In County Jail Can Be Recorded by Federal prisoner Gary Friedman filed a motion to suppress tape recordings of certain telephone conversations that he made to his ...

Louisiana Sheriff Sues Parish For Revenue Generated From Jail Operation

Article • May 15, 2007

Filed under: Civil Procedure, Standing, Mootness, Telephone Rates

to revenues generated at the Parish jail for commissary, telephones, vending machines, and medical expenses for federal prisoners. The trial court held that the Parish was not entitled to these revenues ...

No Absolute Immunity for Illegal Wiretap; Qualified Immunity Standard Issued

Article • May 15, 2007

Filed under: Prosecutor/Attorney General Misconduct, Telephones, Telephone Monitoring, Qualified Immunity

that officer with absolute immunity from suit. In 1970, Attorney General John Mitchell authorized a warrantless wiretap of William Davidson's telephone for the purpose of gathering intelligence regarding ...