Prison Legal News PUBLISHED BY THE HUMAN RIGHTS DEFENSE CENTER

VOL. 31 No. 4 April 2020 ISSN 1075-7678 Dedicated to Protecting Human Rights

Protect Yourself and Your Facility from COVID-19 by Michael D. Cohen, M.D.

Introduction trust rumors. False information is widely ity have mild symptoms like a common circulating already. cold, including runny nose, sneezing, mild he novel coronavirus is now a Residential institutions with congregate cough and possibly some nausea, vomiting Tglobal pandemic and is widespread in living like boarding schools, mental hospitals, or diarrhea. On average, symptoms develop the United States, causing a disease called homeless shelters and prisons or jails bring about 5 days after infection, but patients COVID-19. It is likely that a majority together a large number of people into a are infectious to others starting 2 or 3 days of the population will eventually become very small space for prolonged periods of before symptoms start. infected with this virus. Here is some in- time. Communicable diseases are readily Therefore, people who are feeling formation about the coronavirus and some introduced from outside and spread more well can still be infectious and spread the thoughts about taking care of yourself and easily where people live in close quarters. virus to others. your facility during this pandemic. Rec- Coronavirus is coming to all of us in Some patients develop more severe ommendations are changing daily as the the free world. Prisons and jails will likely disease with symptoms such as fever, cough, virus spreads more widely. Try to get newer be hard hit, with rapid spread inside when shortness of breath, and pneumonia. People information from trusted sources such as the disease becomes widespread in the local with more severe disease may need hospital- the Centers for Disease Control (CDC), community or home communities. Prisoner ization for supportive medical and nursing the World Health Organization (WHO) representative councils should try to work care. In some cases, the lungs are unable or your state Department of Health. Don’t with facility administration to develop the to move oxygen into the blood and carbon institutional response to COVID-19. Some dioxide waste out of the blood. Those people jurisdictions are trying to release prisoners need mechanical breathing with a respirator INSIDE to reduce populations and allow people to in intensive care. survive the epidemic with family in the Anyone at any age may develop more From the Editor 8 free world. severe disease. However, some people are Prison Understaffing Nationwide Problem 14 This virus is new to humans. It appears more likely to have severe disease because to have spread from animals to people in their bodies are weaker due to age or chronic Wave of Problems at GEO Jail in Texas 16 markets where wild animals are sold for illness. People over 60 in the general popu- CA Prisons Put Hold on Gladiator Fights 24 meat. Because it is new to us, no one has lation are at higher risk. I have observed that been exposed to it before and there is no people who have lived hard lives age faster Kim Kardashian’s War on Incarceration 27 immunity to it in the population yet. and show the effects at a younger age. So AI Spreading to Prisons 30 COVID-19 illness takes prisoners may be at higher risk starting at different forms age 50. People at higher risk for more severe Coronavirus: Early Look from Prisons 32 disease due to chronic illness include those NY: Prison Labor Makes Hand Sanitizer 38 The majority of people who become with lung disease (such as COPD, chronic infected may have no symptoms, may be bronchitis, emphysema, or asthma), heart Child Strip Searched at VA Prison 40 unaware that they are infected, and recover disease (such as congestive heart failure CA Governor’s Mixed Record on Parole 44 fully. Nevertheless, they are infectious to or poorly controlled hypertension), weak others. immune system (such as untreated HIV Restraint Chairs and Death 50 Some people develop symptoms. The infection, chemotherapy, prolonged cortico- $1.5 Million for Rape at GA Juvi Center 54 disease caused by the novel coronavirus steroid treatment), diabetes, cancer, or any is called “COVID-19” which stands for other chronic disease with organ damage News in Brief 62 Corona Virus Infectious Disease-19. Of such as kidney, liver or intestinal diseases. those who develop symptoms, the major- Everyone needs to be careful not to spread Prison Education Guide $49.95 Christopher Zoukis ISBN: 978-0-9819385-3-0 • Paperback, 269 pages Prison Education Guide is the most comprehensive guide to correspondence programs for prisoners available today. This exceptional book provides the reader with step by step instructions to find the right educational program, enroll in courses, and complete classes to meet their academic goals. This book is an invaluable reentry tool for pris- oners who seek to further their education while incarcerated and to help them prepare for life and work following their release.

The Habeas Citebook: Ineffective Assistance of Counsel, Second Edition $49.95 Brandon Sample & Alissa Hull ISBN: 978-0-9819385-4-7 • Paperback, 275 pages The Habeas Citebook: Ineffective Assistance of Counsel is the first in a series of books by Prison Legal News Publishing designed to help pro-se prisoner litigants identify and raise viable claims for potential habeas corpus relief. This book is an invaluable resource that identifies hundreds of cases where the federal courts have granted habeas relief to prisoners whose attorneys provided ineffective assistance of counsel.

Disciplinary Self-Help Litigation Manual, Second Edition $49.95 Dan Manville ISBN: 978-0-9819385-2-3 • Paperback, 355 pages The Disciplinary Self-Help Litigation Manual, Second Edition, by Dan Manville, is the third in a series of books by Prison Legal News Publishing. It is designed to inform prisoners of their rights when faced with the consequences of a disciplinary hearing. This authoritative and comprehensive work educates prisoners about their rights throughout this process and helps guide them at all stages, from administrative hearing through litigation. The Manual is an invaluable how-to guide that offers step-by-step information for both state and federal prisoners, and includes a 50-state analysis of relevant case law and an extensive case law citation index.

The Habeas Citebook: Prosecutorial Misconduct $59.95 Alissa Hull ISBN-13: 978-0-9819385-5-4 • Paperback, 300 pages The Habeas Citebook: Prosecutorial Misconduct is the second in PLN Publishing’s citebook series. It’s designed to help pro se prisoner litigants identify and raise viable claims for potential habeas corpus relief based on prosecuto- rial misconduct in their cases. This invaluable title contains several hundred case citations from all 50 states and on the federal level, saving readers many hours of research in identifying winning arguments to successfully challenge their convictions.

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Prison Legal News PO Box 1151 • Lake Worth Beach, FL 33460 Dedicated to Protecting Human Rights Tel 561-360-2523 • www.prisonlegalnews.org April 2020 2 Prison Legal News Protect from COVID-19 (cont.) recommended now for all Americans. Prison Legal News The recommended behaviors for all a publication of the Americans to slow the spread of coronavirus Human Rights Defense Center infection to these people. People at higher infection include protecting yourself (per- www.humanrightsdefensecenter.org risk of severe disease should be released if sonal cleanliness), keeping away from other EDITOR at all possible. people (social distancing), and disinfecting Paul Wright Only a small fraction of those who environmental surfaces (environmental MANAGING EDITOR are infected will develop severe disease. cleanliness). The same approach applies Ken Silverstein However, when a lot of people are infected, to people in prisons and jails, adapted to EDITORIAL ASSISTANT even a small percentage of them is a very the high-risk environment of a residential Betty Nelander large number. In February in northern Italy institution. COLUMNISTS so many people became infected quickly How does it spread? Michael Cohen, Mumia Abu-Jamal that the hospitals were overwhelmed with CONTRIBUTING WRITERS severely ill patients. There is concern that Pandemic coronavirus spreads from Anthony Accurso, Douglas Ankney, the same thing is occurring in the U.S. as person to person. When an infected person Bill Barton, Kevin Bliss, Dale Chappell, Matthew Clarke, Michael Fortino, the virus spreads rapidly. Some estimates are coughs, sneezes, yells or even sings loudly Scott Grammer, Ed Lyon, Chad Marks, that we are only two or three weeks behind small droplets of saliva or mucus teaming David Reutter, Mark Wilson, Italy. If that is correct, if nothing is done, with viruses are ejected from the mouth Christopher Zoukis by mid-April the health care system will be into the air. Someone else inhales those ADVERTISING DIRECTOR overwhelmed in some regions. droplets and gets infected. Or possibly a Susan Schwartzkopf Slow down the spread of infection droplet lands on a hard surface, sits there ADVERTISING COORDINATOR for a while and then someone else touches Judith Cohen There is currently no vaccine to help that surface, picks up the virus on a finger, LAYOUT prevent infection with the novel coronavi- later touches his face and transfers that virus Lansing Scott rus. The first vaccine trial has started, but to his eye, nose or mouth and gets infected. SOCIAL MEDIA DIRECTOR Julia Ragsdale there is no evidence yet that it is safe or Or an infected person may have virus on his effective. There is currently no treatment hands and touches a hard surface, which HRDC LITIGATION PROJECT Daniel Marshall – General Counsel for COVID-19. Several drug trials have deposits virus there. Later another person Eric Taylor – Staff Attorney started around the world to see if existing touches that hard surface and then his medicines may be helpful to cure the virus own eye, nose or mouth and gets infected. PLN is a monthly publication. or reduce the severity of the lung disease. In general, close contact with an infected Those trials have just started. We don’t know person will result in infection unless very A one year subscription is $30 for prisoners, $35 for individuals, and $90 for lawyers and institu- yet if any of these drugs will be effective. careful precautions are taken. tions. Prisoner donations of less than $30 will be Treatment at present is simply care needed Efforts to prevent spread focus on pro-rated at $3.00/issue. Do not send less than to support the patient while their body’s personal cleanliness, especially careful and $18.00 at a time. All foreign subscriptions are $100 sent via airmail. PLN accepts credit card immune system responds to cure the virus. frequent handwashing to keep the hands orders by phone. New subscribers please allow The WHO and the CDC have issued from getting contaminated. Prevention also four to six weeks for the delivery of your first is- guidelines for prevention and management requires efforts to keep the hands away from sue. Confirmation of receipt of donations cannot be made without an SASE. PLN is a section 501 of COVID-19 disease. The basic idea be- the face and to suppress infectious droplets (c)(3) non-profit organization. Donations are tax hind these guidelines is to slow down the by covering coughs and sneezes. Social dis- deductible. Send contributions to: spread of the disease so the health care tancing keeps people separate to avoid close Prison Legal News PO Box 1151 system is not overwhelmed and necessary contact, and environmental cleanliness dis- Lake Worth Beach, FL 33460 services can be maintained even though infects hard surfaces that may harbor virus. 561-360-2523 many people are sick. Personal Cleanliness [email protected] If everyone gets sick at once, there will www.prisonlegalnews.org not be enough hospital beds and breathing 1. Keep a clean cell: The virus can PLN reports on legal cases and news stories related machines to support all the sick people. survive on hard surfaces for days. A drop- to prisoner rights and prison conditions of con- finement. PLN welcomes all news clippings, legal There will not be enough healthy people let with virus in it can float around for summaries and leads on people to contact related to maintain critical services like fire, police, hours and finally land somewhere in your to those issues. nursing home care, food transport and yes, cell. Disinfecting surfaces regularly helps Article submissions should be sent to - The even correctional facility staffing. prevent the spread of disease from con- Editor - at the above address. We cannot return submissions without an SASE. Check our website On the other hand, if the disease taminated hard surfaces to hand to face. or send an SASE for writer guidelines. spreads slowly over a period of months Disinfectants can be hard to get in prison. Advertising offers are void where prohibited by instead of days or weeks, fewer people will Maybe some commissaries carry disinfec- law and constitutional detention facility rules. be severely ill at one time and there could tant wipes. Soap and warm water is better PLN is indexed by the Alternative Press Index, be enough hospital beds and respirators to than nothing. Household bleach diluted Criminal Justice Periodicals Index and the Depart- ment of Justice Index. handle the case load. That is the goal of the 1/3 cup to a gallon of water is a pretty good public health interventions that are being disinfectant. Household hydrogen peroxide Prison Legal News 3 April 2020 Protect from COVID-19 (cont.) the virus. The common hand sanitizers 7. Face masks: You see a lot of pictures with alcohol are generally banned in cor- of people wearing face masks. Public health rectional facilities due to fire prevention is currently recommending face masks only is somewhat effective as a disinfectant but standards and risk of using it as a weapon. for people who are sick. This helps prevent may not kill coronavirus. Some facilities use Nevertheless, the practical solution to the them from coughing infectious droplets a disinfectant soap for mopping floors and immediate problem is to put hand sanitizer into the air. Public health generally does cleaning toilets and showers, but it is usually wall dispensers in positions where they can not recommend face masks for healthy not available for use in the cell. Maybe the be closely observed and thereby make sani- people to prevent infection because masks facility administration could mandate that tizer available to all people moving about are not very effective for that purpose. Air officers send around a bucket of sanitizer the facility. If it becomes available, use it and infectious droplets can rush in around solution twice a day for cell disinfection. when you enter an area; use it again when the edges of a typical disposable mask. There Or maybe pass around a disinfectant spray you exit. Disinfectant wipes work and can- is an acute shortage of masks and they are bottle twice a day. not be easily weaponized but are expensive desperately needed for sick people and 2. Hand washing: You may become compared to sanitizer gel. health care workers. infected by germs that get onto your hands. 4. Hand protection: Try to avoid On the other hand, something is bet- You may spread infection to others on contaminating your hands on public hard ter than nothing. A face mask may block your hands. Wash your hands often. Hand surfaces. If you can, avoid touching hand some of the larger infectious droplets that washing with soap and warm water for 20 rails. Try not to touch doorknobs. Maybe are floating in the air. And a face mask can seconds actually kills the virus. Hand wash- most doors could be propped open so there help people avoid touching the mouth and ing done well is as effective as hand sanitizer. is no need to touch them? Use hand sani- nose. A very basic face mask can easily be Hand sanitizer is more convenient than tizer if it is available after touching public made from the sleeve of a T-shirt and two washing, but not better. hard surfaces like hand rails and doorknobs. rubber bands, or from a pleated paper towel Of course, always wash your hands 5. Don’t touch your face: By touching with the ends tied by rubber bands. after using the toilet. Wash your hands the eyes, nose or mouth with contaminated Face masks may be banned in many when you get up in the morning. Wash your fingers the virus can enter the body and general population settings. Facility admin- hands after you cough or sneeze anywhere spread. Avoid touching your eyes, nose istrations should be encouraged to allow near them. Wash your hands before you and mouth at all times. Face masks are face masks when appropriate for disease leave your cell. Wash your hands when you uncomfortable to wear, but sometimes a control. They will likely insist on following return to your cell. face mask can help you avoid touching your current public health recommendations that Soap must be available for effective mouth and nose. masks are only appropriate for sick people. hand washing in your cell and in public 6. Cover coughs and sneezes: Cover Social Distancing bathrooms. Stock up at commissary for your- coughs and sneezes to prevent droplets self. If you don’t already do so, try to keep a from being expelled into the air. Even if you The idea behind social distancing is 3-month supply of hand soap. Facilities must think you are not sick you should cover. You to reduce close contact between people to make soap available at public bathrooms, may be infectious already but not showing reduce disease spread. This has the greatest distributing daily if necessary. Don’t take and symptoms. Model the best behavior for oth- effect on the epidemic if it is implemented hoard soap from public bathrooms. Everyone ers to learn and follow. You are protecting early and more intensely from the begin- needs soap to be there. each other. Use tissue to cover the nose and ning. Americans are having a hard time 3. Hand sanitizer: You need hand mouth if you can, throw it away and wash or waking up to the fact that stricter isolation sanitizer when you are out of your cell sanitize your hands. Cough or sneeze into needs to be implemented right now, not moving around the facility in contact with the crook of your elbow or upper arm if no later. By the time you read this in April, the people and hard surfaces that may harbor tissue is available. epidemic likely will have exploded already.

MARILEE MARSHALL, ATTORNEY AT LAW

California State Bar Board of Specialization State and Federal Appeals and Certified Criminal Law and Writs, Lifer Parole Writs Appellate Law Specialist 30+ years of success 20 North Raymond Ave If you have a California case Suite 240 you need a California lawyer! Pasadena, CA 91103 marileemarshallandassociates.com (626) 564-1136

April 2020 4 Prison Legal News Even so, these prevention measures are still foot separation with other people in line. three-week supply of food even in the best important. Do not go to assemblies, movies, gym, re- of times in case they miss a commissary day 1. Hand shaking: Virus can be passed ligious services or anywhere else that people due to lockdown. from one person to another by shaking gather. Facilities have probably stopped all 5. Sick stay in your cell: People who hands. Then it enters the body by touching such group activities already. Single person are mildly ill should choose to stay in their the eyes, nose or mouth. Avoid hand shak- outdoor activities are safer. Group activities cells as much as possible during their ill- ing. Use alternatives: bump elbows, touch like sports are risky: too much close contact, ness. Wear a mask if you can to prevent feet, whatever. Don’t touch hands. yelling, touching, probably coughing too. droplet spread. Cover coughs and sneezes 2. Group activities: When groups of 3. Keep well apart: When people do with tissue or cough into your elbow. If people are together in a room there is an come together for any reason they should you can, avoid the medical clinic so you increased risk of disease transmission due stay at least 6 feet apart. This helps reduce don’t risk spreading the disease to others to infectious droplets in the air, touching the risk of inhaling aerosol droplets spread who must be there. However, a patient’s contaminated surfaces or touching hands. by another person. It also helps ensure no condition can deteriorate fairly quickly. If Group activities should be reduced in size direct contact that might result in spread of you feel short of breath, pain or pressure in to 10 or less, or eliminated entirely. Avoid virus from one person to another. your chest, confusion or excessive sleepi- all social gatherings if at all possible on the 4. Healthy stay in your cell: People ness, or notice bluish lips, face or fingertips unit, in the yard, at meals, etc. If you must who are not sick should stay in to maintain you need prompt medical care to evaluate gather in a group, keep well apart. Don’t the maximum social separation possible. It your condition. You may need oxygen and touch anything or each other. Wash or may be hard to isolate yourself like that, hospitalization urgently. sanitize before and after. but it will definitely slow down spread of 6. Protect caregivers: In some correc- If possible, do not go to meals in the the virus. The facility may even impose a tional systems prisoner volunteers assist in cafeteria, but if you must, try to maintain lock down at some point just to slow or care of sick prisoners, such as hospice pro- a safe six-foot distance from other diners. prevent spread of disease. If you are able, grams. Volunteer caregivers who work with If you must go to work, maintain six-foot be prepared to self-isolate or be locked people who may be sick with COVID-19 separation from others working there. Don’t down by obtaining a good supply of food, should be provided with appropriate per- go to the medical clinic unless you are really soap, toothpaste and other personal hygiene sonal protective equipment such as gloves, sick. If you are required to go to medical to items from commissary. Prisoners I have gown, and N-95 mask fitted to their face. get your medicine, try to maintain safe six- worked with said they generally maintain a Since there is a shortage of N-95 masks

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Prison Legal News 5 April 2020 Protect from COVID-19 (cont.) when sick people move about in the facility. promising security it should be done to Others who wish to wear masks should also reduce contact with doorknobs. be permitted to wear them. Efforts to slow the spread of this is unlikely to occur. Any mask, even 3. Disinfect public hard surfaces: coronavirus focus on: a bandana, is better than no mask when Facility administration should plan to working directly with sick people. disinfect hard surfaces in public spaces at Personal cleanliness: 7. Help the sick: Facility health ser- least twice a day. Prisoners should support - Keep the hands from getting con- vices are responsible for medical care for and encourage these efforts if possible. The taminated with coronavirus. the sick. They have to figure out how to primary focus should be on things people - Keep the hands away from the face. best manage the mildly ill; whether they can touch routinely like door knobs and hand - Suppress infectious droplets by cover- stabilize the moderately ill in an infirmary rails. Also, floors and walls within reach ing coughs and sneezes. setting; and when to transfer out to commu- should be disinfected regularly. Social distancing: nity hospitals for more advanced medical 4. Disinfect group cells and dorms: - Keep people separate to avoid close care. Please keep an eye on the people in Facility administration should institute a contact. your unit who are sick in their cells. If they policy of at least twice daily disinfection Environmental cleanliness: develop shortness of breath or worsen in of floors, walls, doorknobs, handrails, and -Regularly disinfect high contact hard any way, they need access to the clinic for all other hard surfaces in common areas of surfaces that may harbor virus. further medical evaluation. Others on the group cells, unit day rooms, dormitories and These are the behaviors that will slow unit who recognize the seriousness of their bathrooms. Or at least make disinfectant down the spread of coronavirus infection in condition must help them obtain access to available to prisoners to do so themselves. your facility. They are no different from the the facility medical clinic. 5. Disinfect single cells: Facilities new behaviors that everyone is being urged Facility Cleanliness should make disinfectant available to pris- to do. It is harder in a prison, but even more oners to disinfect their single cells at least important there because so many people are Environmental cleanliness is crucial twice a day. together living and working in a partially to prevent rapid disease spread with so 6. Doors propped open: Where doors closed environment. We can do this, and we many people living and working together in can be safely propped open without com- will get through it together. a prison. Facility administration should take responsibility for organizing environmen- tal cleanliness activities including making $41,850 Settlement in Heart Attack needed soap and disinfectant available at no cost. But if they do not do so, it will be up Death at California Jail to prisoners to do what needs to be done by Kevin Bliss to protect themselves and each other, and the officers and staff who work with them. he surviving family of Kevin Lee seeking a larger amount. 1. Hand sanitizer available: Hand TMcLaughlin, who died of a heart attack McLaughlin was arrested on January sanitizer stations should be available in California’s San Luis Obispo County Jail 23, 2017, for felony assault with a deadly throughout the public spaces in a facility (SLOCJ) in April 2017, attempted to with- weapon after he pushed a chair at his elderly and in dormitories. Work with facility ad- draw from a $41,850 settlement negotiated mother. With a history of arrests at SLOCJ, ministration to try to get this implemented. in its wrongful death lawsuit, which claimed the 60-year-old was listed as a high-risk 2. Masks permitted: Masks should be deliberate indifference to McLaughlin’s detainee due to his high blood pressure, permitted for people who are sick while in emergency medical needs resulting in his advanced heart disease, history of alcohol their cells or, when movement is necessary, death. But a judge has prevented them from abuse, and reliance on psychotropic medica-

April 2020 6 Prison Legal News tion for anxiety and depression. The eight remaining deaths resulted from said the negotiation was already signed and On January 26, 2017, SLOCJ Dr. other medical conditions. approved by the County Board of Supervisors Kristopher Howalt prescribed McLaughlin In 2018, McLaughlin’s family filed a and so the county intended to ask the court to a 1,200 mg daily dose of Ibuprofen, increas- wrongful death claim against SLOCJ, alleg- enforce the agreement. On February 6, 2020 ing that to 1,600 mg daily on February ing that McLaughlin suffered “classic heart County Judge Ginger Garret granted the 14, 2017. At the time of his death nearly attack symptoms” which were intentionally county’s motion with a ruling that found no two months later, McLaughlin was still on ignored. It further alleged mental torture, provision in the agreement for withdrawal by Ibuprofen despite a 2005 warning from abuse of power, negligent hiring, supervision either party after it had signed. See: McLaugh- the federal Food and Drug Administration and training, inadequate staffing, dissemina- lin v. County of San Luis Obispo, U.S.D.C. (CD (FDA) that the drug elevates heart attack tion of false information, conspiracy and CA), Case No. 18 CV-0275. risk and a 2015 FDA warning that it should fraudulent record keeping. The family asked be avoided altogether by people with high for unspecified damages for loss of support, Source: sanluisobispo.com, calcoastnews.com, blood pressure like McLaughlin. emotional distress and funeral expenses. newtimesslo.com McLaughlin went to jail2.3. medical staff xA civil7.1 county grand jury investigation complaining of shoulder pain early April 13, did not find SLOCJ in violation of the 2017. The report from the visit stated that state’s Title 15 inmate welfare requirements, he told the nurse, “I’m clammy — I need but it did fault the jail for a lack of oversight. to go to the hospital.” It also stated he said It also recommended a top-down review of National “he may have slept on his arm wrong and Sheriff ’s Office policies in the county jail. felt better when he took deep breaths.” A Ian Parkinson, San Luis Obispo County Federal Legal nurse gave him some aspirin and sent him Sheriff, said it was the state’s laws that back to his dorm where, an hour later, a overburdened the jail with detainees who Services guard noticed his irregular breathing. The have serious medical or mental issues. guard left and came back with a nurse only McLaughlin’s family initially agreed to find McLaughlin unresponsive. to the $41,850 settlement, but decided to  Federal After the nurse unsuccessfully attempt- withdraw the offer. In announcing that de- Appellate ed CPR with a defibrillator, McLaughlin cision on October 22, 2019, family attorney was pronounced dead at 3:54 am. Due to James McKiernan said Dorothy McLaugh- Representation disciplinary action taken against San Luis lin, Kevin McLaughlin’s 85-year-old all Circuits and Obispo County’s medical examiner, the mother, would “continue on with this gruel- Supreme Court autopsy was performed by the Santa Cruz ing court process to see that justice is served  Admitted to all Federal County Sheriff-Coroner’s Office. It was the for her dead son and others in the county Circuits and Supreme Court eleventh such death at SLOCJ in a four- jail whose serious medical complaints are  Over 150 Appeals Filed and year period beginning in 2014. Two of those disregarded by jail medical personnel.” represented were drug overdoses, and one was a suicide. Attorney for the County, Nina Negranti,  Federal 2255 Are Phone Companies Taking Money Habeas Petitions from You and Your Loved Ones?  Representation HRDC and PLN are gathering information about  Pro Se review and the business practices of telephone companies Assistance that connect prisoners with their friends and  Over 200 Habeas filed and family members on the outside. Represented Does the phone company at a jail or prison at which you have been incarcerated overcharge We do not do prison law suits or by disconnecting calls? Do they charge excessive state cases. fees to fund accounts? Do they take money left . over in the account if it is not used within a certain period of time? Helping you successfully navigate the federal criminal justice system in We want details on the ways in which prison the United States for over 24 years. and jail phone companies take money from customers. Please contact us, or have the per- www.federalappealslawyer.com son whose money was taken contact us, by 2392 N. Decatur Rd, Decatur, GA email or postal mail: 30033 [email protected]@humanrightsdefensecenter.org Voice: 404-633-3797

Prison Legal News Attn: Kathy Carrie Moses Moses Wilkinson PO BoxBox 1151 1151 Lake WorthWorth, Beach, Florida FL 33460 33460

Prison Legal News 7 April 2020 From the Editor by Paul Wright

xtraordinary times call for ex- Another aggravating factor sure to the risk of infection as low as possible. Etraordinary measures. This is one of make whatever happens much worse than Our Seattle office is likely to be shut the very few times in our 30 year history it should be is the privatization of prison down any hour now as the epidemic hits where we have changed a cover story mid- health care, with large portions of it under Washington hard. production after the magazine has already the control of corporate health companies HRDC urgently needs donations as we been laid out, but that is what we are doing whose entire business model depends on are getting hit with unexpected expenses now. Our original cover story this month extracting as much money from the gov- from the epidemic and I expect that to was going to be on prison contraband. As ernment as possible while delivering as worsen. We are working harder than ever the month has gone on, the news about little health care as possible. Faced with a and longer hours than ever to keep our COVID-19 has gotten steadily more dire. pandemic potentially infecting hundreds magazines on schedule and responding to For long time readers of PLN, my editorial of thousands of prisoners in crowded all media inquiries in a timely manner. We style has generally to wait and see what is facilities with aging ventilation systems, are processing all subscription and book actually happening because most of the are these corporations going to put public orders as quickly as we always have. This is time the initial media reports are wrong health before corporate profits? I wouldn’t a time when I would strongly recommend or exaggerated. When it comes to prison bet on it. buying your own copy of the Prisoners Self epidemics though we don’t have much in Prisons have canceled visitation, claim- Help Litigation Manual or Protecting Your the way of actual hard news right now, but ing it will reduce the virus’ entry into prisons, Health and Safety. I fear that is coming along shortly and it yet nothing is said about the 1 million people If you have been reading someone else’s isn’t going to be good. who work in prisons and jails every day as copy of PLN or CLN, this is a good time to As this issue of PLN is going to press guards, secretaries, food workers, etc. If the buy your own subscription. If you can make the media is awash in news about the disease spreads as predicted among prison a donation, please do so. If you believe in a coronavirus as it sweeps the globe. The populations, are the employees going to show free and independent prisoner rights media, biggest constant seems to be that, globally, up for work? Historically, prison employees then step up and support it. prisons and jails will be hard hit by whatever are not the bravest, most dedicated nor best For readers who are also interested in eventually transpires. Iran has freed 85,000 paid public servants. What happens to the criminal law and policing issues, please con- prisoners as a result of the virus while American gulag if no one shows up to watch sider subscribing to Criminal Legal News, prisoners in Italy have rebelled and taken the caged? Is this the moment for massive the companion publication to Prison Legal over prisons as a result of not receiving decarceration as is taking place in Iran? Does News, which we also publish. Together, adequate medical care. Given the current the American political and ruling class have PLN and CLN give readers a total overview and historical medical neglect American the ability to use a global pandemic as an of the criminal justice system from begin- prisoners are subjected to, and the fact that opportunity to significantly reduce its prison ning to end. U.S. prisons and jails have been a vector for and jail population? And how will prisoners HRDC continues it efforts to stop every deadly disease to hit the U.S. in the — not passive actors, as events in Italy have the financial exploitation of prisoners past 40 years, such as AIDS/HIV, HCV, shown – respond? and their families. We are seeking class MRSA, Legionnaires disease, drug resistant We will report on this issue on an action representatives for two lawsuits. TB, etc., it is unlikely that the government ongoing basis in PLN. If you are in prison The first involves anyone released from will respond to coronavirus any better than or jail and being affected by COVID-19 CDCR who was given a JPay debit card it did to the others. please drop us a line and let us know what’s within the past three years and who was happening where you’re being held. charged fees to access their money. In the This is also impacting our operations. second, GTL and Securus are operating a GO HOME TO YOUR LOVED ONES! As executive director of HRDC, my main scheme where they charge people $14.95 priorities are safeguarding the safety of for accepting a one-time collect call from The Law Offices of Julia Bella Parole - Post-conviction - Appeals our 17 employees and maintaining our a prisoner. Furthermore, GTL and Se- operational capacity to advocate on behalf curus have a practice of taking people’s Call or Write or Email: of prisoners and their families and keep money from their prison phone account (832) 757-9799 905 Richmond Parkway providing timely, accurate information if the account is “inactive” for more than Richmond, Texas 77469 as we have for the past 30 years. As this 30 days. Anyone who was billed $14.95 [email protected] issue of PLN is going to press our offices for a collect call or who had money taken

Working zealously for you in Florida remain open with a skeleton from their prison phone account should and your family! crew of employees coming in to answer contact us at: HRDC, Attention SPP, PO the phones, process mail from prisoners Box 1151, Lake Worth, FL 33460, (561) and process and ship book orders. The 360-2523 or [email protected]. bulk of our legal and editorial team is Enjoy this issue of PLN and please working remotely from home to keep encourage others to subscribe.

April 2020 8 Prison Legal News $33,000 Settlement For Pro Se Arizona Prisoner Assaulted by Guard by Matt Clarke

n October 2019, Arizona settled was on his knees while asking, “Who’s the hospital two days earlier. Ifor $33,000 a pro se federal lawsuit punk now?” He slammed Folta’s head into Folta filed a pro se civil rights lawsuit brought by a state prisoner who alleged he a steel dinner cart, and punched him while in federal court pursuant to 42 U.S.C. § was assaulted by an Arizona Department he was on the ground. 1983. He alleged violations of the Eighth of Corrections (DOC) guard while hand- Burke wrote Folta a disciplinary report Amendment prohibition against cruel and cuffed behind his back. for assaulting him. Folta complained that unusual punishment when Burke assaulted According to court documents, DOC he did not assault Burke but rather was him. He also alleged injuries, including prisoner Shawn Michael Folta was incarcer- assaulted by the guard. A report of a staff permanent scarring, a bruised right kidney, ated at the ASPC-Eyman Complex/SMU assault investigation by the DOC’s Office of a right eyebrow cut requiring stitches, a 1 Unit when guard Dustin Burke delivered Inspector General listed Folta as the suspect bruised left side of the face, bruised and a food tray to his cell that was missing its and Burke as the victim before summarizing scraped knees and bruised wrists. He sub- broccoli portion. Folta requested another that Folta assaulted Burke and stating that mitted photographs and a hospital report tray, Burke refused and a heated verbal al- no one witnessed the assault, and no one to support his claims. He also alleged that tercation ensued in which Burke allegedly except other prisoners witnessed the heated guard Richard Basso and Sergeant Russell threatened to “fuck him up.” verbal altercation between them (despite at Contreras failed to stop the assault. Folta asked to see a sergeant and Burke least three other guards being nearby in the In October 2019, Arizona settled later returned to his cell, allegedly to escort housing area). When interviewed, the other the lawsuit for $33,000. By that time, the him to the sergeant. After handcuffing Folta guards denied any knowledge of what took Arizona Attorney General’s Office was behind his back, Burke led him to a blind place. The investigator did note that there no longer representing Burke, who had spot not covered by surveillance cameras was no discoloration on Burke’s jaw where retained private counsel. See: Folta v. Van where he allegedly attacked Folta from Folta had allegedly head butted him, which Winkle, U.S.D.C. (D. Ariz.), Case No. behind, kneed him in the face when Folta allegedly required medical attention at a 2:14-CV-01562-PGR-ESW

Mark Morales THE AMERICAN PRISON WRITING ARCHIVE Attorney at Law Calling for Essays by Incarcerated Americans, Representation for Prison Workers, and Prison Volunteers Texas Parole Review he American Prison Writing Archive (APWA) is an in- Tprogress, internet-based, non-profit archive of first-hand Texas Monthly testimony to the living and working conditions experienced by Super Lawyer incarcerated people, prison employees, and prison volunteers. & Anyone who lives, works, or volunteers inside American prisons can contribute non-fiction essays, based on first-hand experi- Former Assistant District ence: 5,000 word limit (15 double-spaced pages); a signed Attorney APWA permission-questionnaire must be included in order to post work on the APWA. All posted work Fighting For Your Release on Parole will be accessible to anyone in the world with Internet access. Hand-written contributions are welcome. There are no reading www.markmorales.com fees. We will read all work submitted. For more information and to request the permissions-questionnaire, write to: APWA, c/o Hamilton College, 198 College Hill Road, Clinton, NY 13323- Write or call with your inquiries to: 1218; or go to https://apw.dhinitiative.org/ Do not send added Mark Morales, Attorney - PLN 824 S Austin Ave. Georgetown, TX 78626 stamps. Sincerely—The APWA Editors. (512) 635-9835 Our office does not assist with Appeals, Writ of Habeas Corpus, Commutation of Sentence or any other post-conviction matter

Prison Legal News 9 April 2020 New York City Paid McKinsey & Company Millions for Failed Program to Reduce Jail Violence by Douglas Ankney

December 10, 2019 report from hired. But top city officials expanded McK- prisoners that had been selected by HUB AProPublica said the city of New York insey’s contract to more than $6 million to with more docile, less violence-prone paid management consulting firm Mc­ assist Ponte with implementing the plan. prisoners selected from a list provided by Kinsey & Company $27.5 million to reduce By July 2015, eight Restart housing McKinsey. Instead of mixing troublesome violence at jails on Rikers Island. But an in- units were in place at the George Motchan prisoners with docile prisoners throughout vestigation by the publication revealed that Detention Center, one of the 10 jails on the Restart units, the problematic prison- McKinsey manipulated reform efforts to Rikers. The Restart units housed 250 pris- ers remained in the regular units while the give an appearance of success, while the data oners and served as the proving ground for calmer, gentler prisoners filled the Restart actually showed violence only increased. the centerpiece of McKinsey’s work — an units. McKinsey was hired in 2014 after me- algorithm called the Housing Unit Balancer Greg Kuczinski, deputy corrections dia reports of an alarming rise in violence (HUB). commissioner at the time, asked, “If you at Rikers. In less than two years, serious HUB was designed to predict each started with ideal inmates ... how is that prisoner violence and use of force by guards prisoner’s propensity for violence and then going to translate into real change when you had both increased by 50% and the U.S. calculate how to distribute prisoners across throw it into the general population?” That Attorney’s Office had threatened to take housing units to reduce the risk for violence. question was answered in 2017 when the legal action to force reforms. McKinsey provided data to show that in city terminated its contract with McKinsey, That September, McKinsey was given the first few months only one incident of and Mayor Bill de Blasio announced that a $1.8 million contract to determine the violence occurred in the Restart units, while Rikers would be closed by 2026 due, in causes of violence at Rikers and propose units without HUB had 32 violent epi- part, to the 20% increase in violence during solutions. But McKinsey had no experience sodes over the same period. Ponte thereby the14-Point Plan period. with managing corrections facilities, and it expanded the Restart program to facilities McKinsey is also under federal inves- pitched a “proprietary workplace survey” at Rikers. tigation for violating regulations in relation to then-Corrections Commissioner Joseph Touting the apparent success of the to its consulting with firms undergoing Ponte, spotlighting how it helped increase Restart units, the city agreed to a contract bankruptcy. In July 2019, McKinsey came productivity at a strip mine by 50%. extension in November 2015 and com- under fire when it was discovered that the Nevertheless, by March 2015 Mc­ mitted to paying McKinsey another $7.5 company consulted for ICE, offering plans Kinsey and corrections officials had settled million. Then in October 2016, DOC Chief on saving money by cutting back on im- on a “14-Point Plan” to curb jail violence. of Staff Jeff Thamkittikasem announced migrant detainees’ food, shelter conditions, The plan’s provisions ranged from adding that violence in the Restart units was “down and medical care while speeding up the educational opportunities for prisoners by over 70% and assaults on staff are down process for deportations. Documents reveal to improving staff training. According to by 82% when compared to other similar McKinsey’s consultants complained when Elizabeth Crowley, former chairperson of units.” The city again extended McKinsey’s ICE officials rejected the plans because they the City Council committee that oversees contract, bringing the bill to $27.5 million. violated due process and endangered the the state Department of Correction, the However, records reveal that from the lives of detainees. plan’s provisions were things the DOC had beginning, jail officials were cherry-picking come up with before McKinsey was even prisoners for the Restart units by replacing Sources: propublica.org, nytimes.com

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April 2020 10 Prison Legal News Illinois Prison Guilty of Censoring Free Speech Over Facebook Posts by Kevin Bliss

n Illinois federal district court Campbell and Calloway to silence his and protection of his free speech rights and, Aheld on September 9, 2019, that Larry his daughter’s freedom of speech. since he was not an attorney, he could not Harris was retaliated against when he was Flannery and Adkins sat on the disci- litigate for the protection of his daughter’s. punished and transferred to a less-desirable plinary board that refused to hear Harris’ This, though, did not affect the foun- prison because of what his daughter, Amanda evidence and based their decision solely dation of the retaliation claim. The order Carrasco, posted on her Facebook account. on Campbell’s statement. Peterson was stated, “Defendants remain potentially Harris filed a § 1983 complaint against the grievance officer who would not fully liable for retaliation, however, even if their officials of Danville Correctional Center investigate Harris’ grievance. belief as to the Plaintiff ’s involvement in on March 27, 2017. He alleged that the Harris requested $71,000 for his illegal the protected activity was mistaken.” The warden, Victor Calloway, had Harris placed segregation, permanent housing at Shawnee citations reflected that punishment was en- in segregation in retaliation for statements Correctional Center, employment as an in- acted due to the Facebook postings, clearly his daughter had posted stating that a guard dustry welder, and whatever punitive damages making this a retaliatory move not affected at the institution was stealing canteen from the jury felt justified. He then filed for sum- by qualified immunity. prisoners’ orders, purposely overcharging, mary judgment as did the defendants, who The Court held that the defendants and stealing taxpayer dollars. sought to strike Harris’ summary judgment. retaliated against Harris’ right to complain Harris said that Lt. Charles Campbell Judge Michael Mihm of the U.S. against prison conditions. The Court granted wrote him a disciplinary report for threats District Court held that Harris did exert Harris’ motion for summary judgment, denied and intimidation. He was transferred to some control over his daughter’s Facebook the defendant’s motion for summary judg- Big Muddy River Correctional Center on account as could be seen when Carrasco ment and motion to strike, and remanded the a bad-adjustment transfer. He named Neil changed the entry to black out the guard’s case for jury trial on damages. See: Harris v. Flannery, Felicia Adkins, and John Peterson name after Harris spoke with her. None- Calloway, U.S.D.C. (Central District, Illinois), as co-defendants “acting in conspiracy” with theless, Harris was not engaged in the Case No. 2:2017-cv-2075.

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Prison Legal News 11 April 2020 NY State Prisons Finally Stop Using Faulty Drug Testing Equipment; Class Action Lawsuit Filed by Victims by Anthony W. Accurso

adezda Steele-Warrick, a pris- in 2018 to supply its 52 prisons with its to any potentially effected inmates.” Noner at Albion Correctional Facility, “Indiko Plus urinalysis analyzers,” whose But for many people, the damage can’t was on the right track. After her 2015 brochure claimed to “provide true opera- be undone. Michael Kearney had been clean conviction for assault, she had been a model tional reliability.” from his crack cocaine addiction for two prisoner, obtaining her GED, securing a Prisoners began complaining soon years when he tested positive for opioids. A spot in preferred housing, and working after the new machines came into use. week before he was to be released, he was as a teacher’s assistant and exercise coach. Prisoners’ Legal Services of New York, a sentenced to 120 days in solitary instead. She even earned her way into a family nonprofit that assists prisoners, received After missing his March 6 release date, he reunification program, which allowed her complaints from 158 prisoners saying that lost out on a construction job he had lined husband and son to stay with her overnight despite not having used drugs, they tested up for his release. He was finally freed in in private settings. She’d passed random positive and suffered harsh punishments October. drug screenings throughout her nearly as a result. “If you’re going to arrest somebody and four years in prison, and the reunification According to Thomas Mailey, a spokes- put them in the box and treat them like a program rules required testing just before person for DCCS, the prisons stopped locked-up dog, get the right results,” said and after such visits. using the testing devices immediately after Kearney. See: Steele Warrick v. Microgenics During a day off from teaching classes determining they were unreliable, though Corporation, U.S.D.C. (E.D. N.Y.), Case in April 2019, Steele-Warrick was reading the agency did not elaborate on how it No. 1:19-cv-06558. a book in her cell when guards informed made this conclusion. He also said they her that her second drug test came back “immediately reversed any actions taken as Additional sources: nytimes.com, courthouse- positive. At her disciplinary hearing, her a result of these tests, and restored privileges news.com husband testified that he did not see her use any drugs during their visit. She was Massachusetts Supreme Court Orders found guilty of the violation and spent 11 days in a disciplinary Keeplock cell. She DOC to Free Terminally Ill Prisoners After didn’t have access to hygiene items except during the one hour per day she was allowed DOJ Investigates Mistreatment out of her cell. by Bill Barton She was denied visitation with her family until her release in May 2019. n January 28, 2020, the Massachu- vides immediate relief to 73-year-old Joseph It turns out that she almost certainly Osetts Supreme Judicial Court (SJC) Buckman, who was convicted of his wife’s had not used drugs because the testing voided several regulations used by the state 1997 murder and now suffers metastatic lung equipment created by Microgenics Cor- Department of Correction (DOC) to justify cancer. Greenberg’s other client in the case, poration and Thermo Fisher Scientific was denying 29 petitions by prisoners for medi- Peter Cruz, died at age 61 of renal disease suspected of being faulty. So faulty, in fact, cal parole, also known as “compassionate before the ruling was handed down. that the prison ceased using the devices release.” The ruling came in a case by one Greenberg, who represents the majority only a year into a five-year contract. Steele- of a number of prisoners who alleged prison of prisoners denied medical parole, pointed Warrick has alleged that even before she got officials wrongfully rejected their applica- to projections in DOC’s own master plan a false positive result, guards told her that tions for medical parole. that by 2020 some 900 state prisoners would they “believed something was wrong with The SJC ruling followed the start of an face “medical needs so serious as to require the machines.” investigation by the civil rights unit of the U.S. long-term care for chronic illness, disability, In November, 2019, six months after Attorney’s Office in Boston that is focused on and the activities of daily life, meaning self- her release, Steele-Warrick was named as abuse of elderly and ill prisoners, and abuse toileting, walking, and feeding.” the lead plaintiff in a class action lawsuit of solitary confinement, in the state’s prisons. She had earlier informed federal inves- filed against the two companies “on behalf The ruling came two years after the state leg- tigators in the civil rights probe that DOC of hundreds of current and former incar- islature provided for the release of terminally had retaliated against two of her clients who cerated New Yorkers who were unjustly ill or permanently incapacitated prisoners. requested medical parole. After that, she punished for false positive drug test re- DOC and Governor Charlie Baker said, federal investigators “were interested sults” The lawsuit was filed by Emery Celli “have embraced a policy of what we call in talking with everybody.” Brinckerhoff & Abady LLP and Prisoners’ delay, deny until they die,” said Ruth Green- One of those two – a wheelchair-reli- Legal Services of New York. berg, an attorney for a number of plaintiffs, ant prisoner in his 50s recovering from liver The prison system had entered into who specializes in post-conviction releases. cancer – had lost his wheelchair-accessible a $1.6 million contract with Microgenics The Supreme Judicial Court ruling pro- cell and been sent to segregation after he April 2020 12 Prison Legal News refused to crawl into a new cell. The other though it insists that it “actively maintains at SBCC, Joseph Sampson, was charged prisoner, who had one lung and kidney facilities to meet stringent state and federal with assault and battery with serious bodily disease that left him dependent on a walker guidelines,” said spokesman Jason Dobson. harm on a person over age 60 when he al- and absorbent undergarments, was accused He would not comment on specifics of legedly punched 86-year-old prisoner Paul by DOC of being involved in a fight. the U.S. Attorney’s probe but promised that Smith three times. Sampson was arraigned “The governor should rein in the rogue the agency would “continue to fully cooper- in December 2018, posted bail, and placed DOC, enforce the law he signed, and save the ate with this ongoing investigation.” The U.S. on paid administrative leave. state money for better use,” Greenberg said. Department of Justice (DOJ) and the U.S. Elizabeth Matos, executive director of The law made Massachusetts one of the Attorney in Boston also declined to comment. Prisoners’ Legal Services of Massachusetts, last states to allow extremely ill prisoners Another Boston-based attorney, Pa- said that “officers often lack training and lack to apply for some type of compassionate tricia DeJuneas, represents a 27-year-old the experience to deal with that population, release. Now, under the SJC ruling, DOC prisoner who spent seven months in solitary and that can lead to a lot of problems.” will no longer be able to deny an appli- confinement at Souza-Baranowski Correc- Patricia Quintilian, a Northampton cation simply because it is incomplete. tional Center (SBCC) in Shirley. Following lawyer who represents a 56-year-old prisoner Furthermore, the burden of establishing a his complaint that a guard sexually assaulted with liver cancer, reported an incident where medical release plan will no longer fall on him, DeJuneas said her client’s health her client was handcuffed so tightly during the prisoner, with the responsibility instead quickly deteriorated during his time in one of her visits that his hands were swelling. given to DOC staff. The ruling also forces solitude and that he begged for release. “I was outraged,” she said. “The un- DOC to share copies with prisoners of any “Unfortunately, the (DOC) fails to represented inmates get treated worse. documents relevant to a decision on their protect the prisoners in its care and routinely Whatever the DOJ decides, they’re fighting application for medical release. takes the word of correction officers over this huge mammoth thing. [Prison officials] Calling it a “clean sweep” for prisoners, prisoners, even when all the evidence is to are not going to want to fix things.” See: attorney Jeffrey Harris – who authored a the contrary,” DeJuneas said. “Individual Buckman v. Commissioner of Correction, 138 supporting brief in the case – said that “the complaints are ignored, or worse, DOC staff N.E.3d 996 (MA 2020). burdens that are created in the law really retaliates against those prisoners who dare to must fall to the DOC and not to people complain...The DOJ investigation is really the Additional sources: bostonglobe.com, boston- who are sick and dying.” only shot to get out what’s been going on.” herald.com, bu.edu, commonwealthmagazine. DOC is reviewing the court ruling, In late 2018, 35-year-old prison guard org, wgbh.org

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Prison Legal News 13 April 2020 All 50 States Report Prison Understaffing by Brian Sonenstein, Shadowproof

very state in the nation has re- and often back-to-back shifts. Terrible conditions in Colorado’s Eported prison staffing shortages since The focus on staffing needs over dec- prisons are attributed to understaffing, 2017, according to research by Shadowproof. arceration creates resistance to efforts to according to a CorrectionsOne report from This is concerning because “staff short- reduce correctional spending. All too often, January 2019. The state paid $19.7 million ages” are historically used to push for greater the only conceivable remedy for this situa- in overtime to corrections officers in 2018. investments in prison systems, oftentimes tion seems to be throwing even more money “Despite offering incentives like sign- riding reform waves like the one the United at corrections departments, in no small part on bonuses, the pay is only $41,000 a year. States is experiencing currently. thanks to the power of guard unions. The [Colorado] Department of Corrections Officials claim investments are part The rhetoric is so constrained that only requested more money to increase pay and of the modernization and improvement of further investments in carceral capacity are hire more officers over the years, but re- carceral systems. Yet, as evidenced by the seen as the solution. quests have been denied because lawmakers recurrence of reform movements every few “It’s getting so bad in Florida’s prisons want criminal justice reform first.” decades, violence and abuse persist, and the that legislators are not only receiving dire New Jersey paid $38 million in overtime staffing issues never truly abate. warnings from Florida Department of Cor- in 2018 while corrections officials complain In the first month of 2020, journalists rections Secretary Mark Inch. They also have about high turnover and fewer recruits. called attention to so-called staffing crises heard from a cadre of state prison wardens— In Rhode Island, 23 corrections offi- in several states. Such issues were raised in a much rarer occurrence in the state capitol,” cers made over $100,000 or more a year in the vast majority of other states in 2019. the Tampa Bay Times reported on January overtime compensation. The department as Mississippi garnered national recogni- 3. “The wardens are urging state senators to a whole paid out $30.4 million in overtime tion for the deaths and atrocious conditions address desperate conditions with adequate in 2018. This was attributed to a “hiring at Parchman. Staff levels were among the funding. Those conditions include ignored freeze that diminished the ranks.” first excuses for such problems. routine maintenance, low salaries, routine Arizona officer vacancy is expected “Almost half of the roughly 1,300 cor- 12-hour overtime shifts, poor working con- to reach 25 percent by 2021. At the same rections positions in three major facilities ditions and gang violence.” time, “62% of all the overtime paid out in Mississippi remain unfilled,” CBS News In October, the Florida Phoenix reported by the state in 2017-18 came from one reported on January 23, pointing to a lawsuit the state paid $77 million to prison staff, “an department, the Department of Correc- blaming “the recent outbreaks of violence on exploding price tag stemming from the in- tions. More than $40 million were spent the ‘culmination of years of severe understaff- ability to hire and keep correctional officers on overtime, more than every other state ing and neglect at Mississippi’s prisons.’” at the state’s Department of Corrections.” agency combined.” South Carolina prisons are rife with Alabama’s prison officials evacuated In Wisconsin, prison officials com- violence, neglect, and inhumane conditions. most of one of the state’s most atrocious plained that it was difficult to hire and retain An incident at Lee Correctional Institution prisons, and the department faces a federal workers, and that staff struggle with low mo- sparked the 2018 national prison strike. inquiry. Again, these conditions are at- rale and should be paid more. But Wisconsin In media and political circles, this was tributed to the fact that the prisons have Department of Corrections “spent 500% of attributed to understaffing and contraband. “suffered for many years from chronic its overtime budget for the current two-year Prison officials readily blame understaffing understaffing and overcrowding.” budget period after just one year.” for enabling the flow of contraband into “At Holman, in particular, the Justice The president of the local guards’ union facilities despite the regular arrest of cor- Department found that the prison’s staff in Michigan said facilities were “anywhere rection officers for that exact offense. of authorized correctional officers was less from 30 to 40 officers short, which results in South Carolina’s The State reported in than a fifth of what it should be,” declared daily, mandatory shifts of overtime,” which April 2019 that prison leaders said under- the Delaware Republic on January 29. came close to $70 million in 2017. staffing was a “long-standing problem,” Meanwhile, Alabama prison staff made The guards’ union in Pennsylvania adding, “From providing medical care to over $26.6 million in overtime payments in contended the ratio of prisoners to staff was mitigating violence to rehabilitating in- 2016. One CO made almost as much as the 100-to-1. “In many instances, officers are mates inside prisons, the staffing crisis is governor and, with a base salary of nearly being left alone with 100 or more inmates a weight around the department’s ankles, $39,000, he brought home almost $118,000 at any given time. No officer should ever be resulting in high staff turnover and a dan- in 2017 thanks to overtime. left alone. This must be addressed.” gerous work environment for those who In 2017, the Ohio prison system paid Meanwhile, Pennsylvania’s Depart- remain on the job.” corrections officers and other staff more ment of Corrections is on track to spend In nearly every state, understaffing -ac than any other state agency: $61.7 million. $108 million in overtime by the end of companies millions upon millions of dollars This was nearly $49 million more in over- June, “even as the state prison population in overtime payments to guards working time compensation than the Department of has declined at a historic rate,” according to extra shifts. Overtime is mandatory in many Public Safety, which took the second-most Corrections Secretary John Wetzel. prison systems with guards working long amount in the state. “North Carolina paid prison officers April 2020 14 Prison Legal News more than $45 million in overtime last year, New York state prisons aren’t short- not, the rhetorical framing of prison crises about 10 times more than it did in 2011, data staffed, but that hasn’t stopped opportunistic as primarily staff crises narrows the avail- show,” reported to the Charlotte Observer. lawmakers and union officials from claiming able remedies. “Maryland’s prisons are facing what otherwise. It also didn’t stop the state from Predictably, lawmakers, law enforcement, union officials and state lawmakers are call- spending $221 million on overtime in 2017. and even many prisoner advocates call for ing a ‘staffing crisis’­— a shortage of about Indiana was perhaps the lone exception more guards. They demand more generous 1,000 officers, about 20% of positions,” the to the rule. While state prison officials have salaries and benefits, which they argue will at- Baltimore Sun reported. The vacancies are on not declared there’s an understanding is- tract less-barbaric guards. Greater investments top of the 929 correctional officer positions sue, county jails have raised the alarm. This in technology should be made, new bed space Governor Larry Hogan’s administration is partially due to recent criminal justice or updated facilities must be built, and care of eliminated as the prison population became reforms in the state that sent people to all kinds must be entrenched further into the smaller, according to legislative analysts. county jails that would have otherwise gone prison system, they argue. The state paid $129 million in overtime to prison in previous years. In the end, staffing and recruitment to prison guards in 2019 and expects to pay Sometimes staffing issues encourage always get more airtime than decriminal- $150 million in overtime this year. contracts with private prison companies ization, sentencing reform, decarceration The Illinois Department of Corrections and county jails, both of which have their and clemency. used 977,742 hours of overtime at a cost own staffing issues. A deluge of arrests, the layering of nearly $43 million in fiscal year 2018. With low staffing levels, a relatively few charges, the coercion of pleas, the high rate California spent $340 million on overtime guards and medical staff in many states can of convictions, and long sentences are seen compensation in 2015. make more than $100,000 a year including as almost a completely separate issue. Wisconsin has fought excessive vacan- overtime. Presumably, if staffing levels are cies by “handing out $2,000 bonuses to where they should be, there’s less overtime Brian Sonenstein is the Publishing Editor at those who take jobs at some of the most but far more in employee salaries and Shadowproof and a columnist at Prison Protest. under-staffed prisons” while spending $50.6 benefits. How is it financially sustainable million on overtime in 2018. to increase either on top of the mount- This article was originally published by Oklahoma spent $15 million on over- ing health care and other costs of caging Shadowproof.com on February 12, 2020; it is time in the face of staff shortages, and even people? Will this check ever bounce? reprinted with permission with minor edits. tried to recruit teenagers out of high school. Whether this is a deliberate choice or Copyright FDL Media Group, 2020

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Prison Legal News 15 April 2020 Tenth Circuit Holds BOP’s Change in Policy and Delivery of Censored Issues at ADX Super Max Prison Moots PLN’s Lawsuit by Matt Clarke

n December 13, 2019, the Tenth judgment alleging the lawsuit was mooted correction provides a secure foundation for OCircuit Court of Appeals upheld a by the supplement coupled with a declara- mootness so long as it seems genuine.” district court’s dismissal of a federal lawsuit tion by the warden agreeing with Fox that PLN questioned the sincerity of the brought by PLN against the federal Bureau the previous rejections had been improper. changes. PLN Editor Paul Wright noted of Prisons (BOP) over censorship of the Over PLN’s opposition, the court granted that PLN had previously challenged the magazine at the United States Penitentiary, the BOP summary judgment and dismissed BOP’s censorship of its magazines until a Administrative Maximum Facility (ADX) the lawsuit as moot. last-minute change of policy mooted that in Florence, Colorado. PLN appealed with the assistance of lawsuit. Thus, this was the “second time they BOP regulations permitted ADX D.C. attorneys Matthews Shapanka, Peter claimed the suit was moot by capitulating at prisoners to receive publications without Swanson, Terra Fulham, and Alyson Sandler the last minute and delivering the censored prior approval unless they were prohibited at the Washington, D.C. firm of Covington publications years after they were published.” by statute or “detrimental to the [facility’s] Burling and Denver attorney Steven Zans- Despite the ruling, one should remem- good order, or discipline,” as determined by berg at Balalrd Spahr and HRDC staff ber that it was prompted by PLN forcing the warden. (28 U.S.C. § 540.70-.72.) The attorneys Sabarish Neelakanta and Ma- the BOP once again to change its censor- regulations required the warden to notify the simba Mutamba. The Tenth Circuit held that ship policies—a victory by any reasonable prisoner and the publisher of the rejection. PLN’s claims became moot when the ADX measure. Thanks to the efforts of our legal Between January 2010 and April 2014, “took intervening administrative actions.” team, ADX prisoners can once again receive ADX staff rejected 11 issues of PLN, which The court noted that voluntary ces- and read PLN. See: Prison Legal News v. contained the name of an ADX or BOP sation of a challenged policy or practice Federal Bureau of Prisons, 944 F.3d 868 prisoner or staff member. PLN filed a federal does not necessarily result in mootness, (10th Cir. 2019). civil rights lawsuit alleging the rejection for but courts afford “more solicitude” to “name-alone content,” as applied to PLN, government officials and “government self- Additional source: denverpost.com violated its First and Fifth Amendment rights and the federal Administrative Proce- dures Act (APA). The lawsuit requested only Continuing Problems at Texas Jail Roil declaratory and injunctive relief. In February 2016, the ADX changed County’s Relationship with GEO Group its institutional supplement, requiring ad- by Matt Clarke ditional personnel — including the legal department — to review incoming pub- s previously reported in PLN, is responsible for its maintenance. But no lications. In March 2017, then-Warden AFlorida-based GEO Group has had county employees are onsite because GEO Jack Fox examined the rejected PLN a litany of problems at the jail it operates Group is responsible for jail operations – a publications with the legal department. for Liberty County, Texas. During a rocky distinction that apparently left each party He concluded that the name-alone content 57-day stretch in mid-2019, there were believing the other was liable for the jail’s rejections were improper. On August 14, prisoner escapes and suicides, discovery of many maintenance issues, which remained 2017, the district court denied the BOP’s contraband, guard theft of prisoners’ trust unresolved when TCJS arrived for an April motion for summary judgment for moot- fund monies and maintenance problems 22, 2019, inspection. The problems inspec- ness based upon the ADX supplement and that resulted in two failed inspections by tors found resulted in four violations: warden’s decision to deliver the censored the Texas Commission on Jail Standards • Keeping prisoners in holding cells PLN publications. (TCJS). That led fed up county commis- over 48 hours in violation of time-limit On December 21, 2017, the ADX is- sioners to seek a capacity reduction in their standards; sued an updated institutional supplement own jail – which would require GEO group • Incomplete intake forms for screening specifically stating that a publication “may to relocate prisoners and detainees at its prisoners with mental health issues or those not be rejected solely because it discusses own expense – while also requesting county who are potentially suicidal; an ADX or [BOP] inmate, or BOP staff staff to draft a Request for Proposal (RFP) • Incomplete medical files for previous member” and requiring that incoming to replace the privately-owned jail operator. state mental health treatment, and publications be given “an individualized “It is concerning to us,” admitted • Preventative maintenance lapses, assessment.” The supplement also required County Judge Jay Knight. “The county is some resulting in unsafe conditions, in- prompt notification to the publisher of the not responsible for the day-to-day operations cluding damaged light fixtures, missing rejection with a detailed explanation of the of the jail, it’s GEO alone, but by statute, vandal-resistant screws, exposed electrical reason for the rejection. (county Sheriff Bobby Rader) is over the jail.” wiring, burned and melted light covers, The BOP filed a motion for summary The county owns the jail facility and loose lock panels, exposed lock mecha- April 2020 16 Prison Legal News nisms, damaged intercoms and a telephone the jail passed another re-inspection and On August 20, 2019, two prisoners, partition with a dangerous exposed metal was removed from TCJS’s list of noncom- Clay Sterling Harvey, 44, and Chance edge, as well as missing floor tiles in the pliant jails. Marshall Hunt, 28, escaped from the jail. bathrooms, showers and kitchen. “The GEO folks knew what we were They were recaptured hours later about 50 TCJS inspectors returned on June 28, up against and they stepped up to the plate,” miles away. 2019, only to find most of the previously Judge Knight said. On September 12, 2019, the corpse of discovered issues had not been resolved. County Commissioner Greg Arthur Cristian David Sarmiento, 35, was discovered They also noted additional problems with a joined him to publicly laud the firm, which hanging by a bed sheet in his cell, where he prisoner’s prescription medication, another with $2.33 billion in 2018 revenues is the was being held for Immigration and Customs prisoner’s receipt of physician-prescribed nation’s largest private prison operator. Enforcement officials after an August 4, 2019, medication, and copious amounts of con- Soon after it passed inspection, however, arrest for aggravated assault while free on traband in plain sight in prisoner housing the jail lost its top two GEO Group employ- bond on a driving-while-intoxicated charge. areas. When that visit ended, TCJS cited ees – the chief, who resigned, and the warden, Sheriff Rader has turned over the investiga- the jail for six violations – the original four, who left on extended sick leave. The jail’s tion into the death to the Texas Rangers. plus two more for new problems found. September 2019 Licensed Jailer Turnover In executive session September 2019, At a meeting August 1, 2019, county Report disclosed a 10% turnover rate for the the Liberty County Commissioners Court commissioners asked TCJS Executive Di- 72 guards GEO Group employs there, among questioned the jail’s new interim warden, rector Brandon Woods to threaten the jail the highest rates of the state’s 254 counties. Jackie Edwards, who said the jail is under- with a Remedial Order to reduce capacity The jail has had a history of escapes, staffed by five guards — vacant positions from 285 to 144 beds if the jail was still suicides and staff sexually assaulting prison- he wants to fill with a new training class. out-of-compliance on September 1, 2019. ers (PLN, March 2017, p. 9; July 2014, p. “The pay is low, and they have rookies That effectively forced GEO Group to find 47). More problems arose in 2019: at most positions,” noted Sheriff Rader. new housing for 69 prisoners and detainees On July 16, 2019, a guard at the jail, “They are down five employees, which is not out of the jail’s population of 213. At the 23-year-old Mayra Gallegos-Balderas, was bad, but with the ratio of guards to inmates, same time, the commission asked staff to arrested and charged with theft of a total they should be okay.” draft an RFP to replace GEO. of $1,478 of prisoners’ property, which was Judge Knight then extended the dead- upgraded from a misdemeanor to a felony Source: chron.com, bluebonnetnews.com, line to November 1, 2019, by which time because she was a public servant. 12newsnow.com, dfw.cbslocal.com

NEW FRIENDS, HIGHER EDUCATION, AND EMPLOYMENT & HOUSING PLN Needs Your Photos, Videos, UPON RELEASE THROUGH WRITEAPRISONER.COM PROFILES Verdicts and Settlements! Contact WriteAPrisoner.com & tart Looking Forward We are expanding the multimedia section on PLN’s website, and need AS SEEN ON To Mail Call! more prison and jail-related content! We know many of our readers SCNN, 20/20, Fox News, have pictures and videos related to prison and criminal justice topics, Dr. Phil, O Magazine, and we’d like to post them on our site. We are seeking original content E! True Hollywood, WriteAPrisoner.com... and hundreds more! Simply the largest, highest ranked, & only – photos or video clips that you have taken yourself. most visited website of its kind!* Pen-pal Profiles are affordably priced at $50 for the first year, $40 for renewing year Please note that we are not seeking articles, editorials, poems or other Features a comprehensive search that allows viewers to find your profile by age, written works; only photos and videos. They can be taken inside or outside race, location, keywords, & more - 32 search options in all of prison, but must relate to prisons, jails or criminal justice-related topics. By Your new friends can email their first message to you along with a photo Advertises non-stop on every major search engine with thousands of websites sending us multimedia content, you are granting us permission to post it linking back to us on our website. Please send all submissions via email to: Offers free Reintegration Profiles for inmates seeking employment and housing upon release and education during incarceration [email protected] Translated into 51 languages & geared for international search engines Viewers can "subscribe" to your profile to be notified when your profile is updated, Please confirm in your email that the photos or videos are your original content, blog is added, artwork is posted, poetry is added, your release is near & much more which you produced. Also please provide some context, such as where and Pen-pals have the option of helping you with a broad range of topics using WriteAPrisoner.com’s free Self-Help Series when they were taken. Your name will not be posted online or otherwise dis- closed. Please spread the word that PLN needs photos and videos for our website. ______GetGet StartedStarted Today!oday! We also need verdicts and settlements in cases won by the plaintiff. Note Friends & family can submit your entire 250 word profile, photo, and that we are only seeking verdicts, final judgments or settlements – not payment for you online by visiting complaints or interim orders in cases that are still pending. If you’ve pre- www.writeaprisoner.com/post vailed in court against prison or jail staff, please send us a copy of the verdict, R

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Prison Legal News 17 April 2020 Former Captain at Louisiana Private Prison Sentenced for Conspiracy to Violate Ban on Cruel and Unusual Punishment by Bill Barton

oderick Douglas, 38, of Monroe, brought them to an area in the RCC that have their eyes treated. All five guards RLouisiana, was sentenced to serve 60 lacked security cameras, put them on their filed false reports attempting to hide their months in prison for his role in a con- knees facing a wall, and cuffed their hands complicity. spiracy with five other guards at Richwood behind their backs. Holding a can of pep- “Conspiring to cover up physical Correctional Center (RCC) to violate the per spray in one hand, Douglas asked one assault against an inmate is in blatant viola- Constitutional prohibition against cruel and man if he was a gang member, and when tion of federal law and the Department of unusual punishment. the man again said no, Douglas “sprayed Justice will hold violators accountable,” said Douglas was sentenced June 5, 2019, the inmate directly in the eyes.” According Dreiband. “The Civil Rights Division will by U.S. District Judge Terry A. Doughty to the statement, “Co-defendants Demario continue to enforce the laws that prohibit of the Western District of Louisiana, for Shaffer, Quintail Credit, and David Parker this type of misconduct.” See: United States his actions in the October 2016 incident each took a turn spraying the remaining v. Douglas, U.S.D.C. (W.D. La), Case No. at RCC, a privately run federal prison near inmates in the eyes, while Christopher 3:18-cr-00085-01. Monroe. Loring and another officer, D.R., remained “Correctional officers deserve our -re in the room.” Sources: justice.gov, know.cpn, abcnews. spect for the jobs they do, but we must also The injured prisoners were taken to go.com, hannapub.com hold them accountable when they willfully break the law and cover up the abuse of in- mates,” U.S. Attorney David C. Joseph said. More States Restore “The defendant in this case ignored his role as a caretaker for prisoners and violated the Felony Voting Rights rights of those he was sworn to protect. My by David M. Reutter office is committed to upholding the laws of our land and the rights of all.” n 2019, Colorado, Louisiana, New prison. On the other end of the spectrum, Assistant Attorney General Eric IJersey, and Nevada enacted legislation Iowa is the only state to totally ban voting Dreiband, who joined Joseph in making to restore voting rights to felons who have by convicted felons for life, though there is the announcement, said, “This blatant been released from prison but are still un- process by which they can ask the governor abuse of power will not be tolerated by the der such supervision, the latest of 24 states to restore their rights on a case-by-case Department of Justice. Today’s sentencing to make similar moves since 1997. Still, a basis. Other states ban felons from voting demonstrates the commitment of the Civil 2016 estimate by the nonprofit Sentencing for a certain amount of time after release. Rights Division to vigorously prosecute Project pegged the number of Americans There are 20 states that ban voting by those who inflict cruel and unusual pun- disenfranchised by such laws at about 6.1 felons still on parole or probation, includ- ishment against inmates under their care.” million. ing Minnesota. But because of extreme As part of his guilty plea in February, “When we start carving people out just discrepancies in the lengths of their proba- Douglas admitted in a signed statement because of a crime they committed that had tion sentences – some stretching for decades that he sprayed pepper spray directly into nothing to do with voting, we start stripping – four former state prisoners sued in Oc- the eyes of two kneeling, handcuffed pris- them of their humanity,” said New Jersey tober 2019 to force the state legislature to oners, and then handed the can to other state Rep. Shavonda Sumter, the sponsor drop the ban on voting until probation is guards. Four other guards pleaded guilty of legislation that restored voting rights to completed. to a cover-up: Sergeant Demario Shaffer, 80,000 formerly incarcerated felons. “It’s like being invisible,” said Elizer 34, of Delhi received 15 months in prison; In announcing Nevada’s move to re- Harris, one of the four. “It doesn’t make David Parker, 28, of Tallulah got 21 months, enfranchise its 77,000 released felons in our communities safer to relegate people and former Lieutenant Christopher Lor- July 2019, Attorney General Aaron Ford to the corners.” ing received 46 months. Charges against agreed that voting is a vital part of a former The 35-year-old has never had the right Quintail Credit were dropped because he prisoner’s successful re-entry into the larger to vote, having been convicted as a juvenile died before sentencing. society. The shift to restore voting rights is in a trial that was later deemed rife with Douglas’ statement was the major de- part of the reaction to the tough-on-crime errors. When that sentence was reduced, he tailed account of the events at RCC “on or policies of the 1980s and 1990s, which was freed in 2016 and now works for the about Oct. 30, 2016.” It said guards rounded resulted in mass incarceration that left the state chapter of the American Civil Liber- up five inmates whom they suspected of U.S. with the largest prison population in ties Union (ACLU), which filed the suit belonging to gangs. Following extensive the world. on behalf of him, his three co-defendants questioning, none of the prisoners admit- Every state, except Maine and Ver- and some 50,000 Minnesota felons still on ted to gang-related activity. The guards mont, strips felons of their voting rights in probation. April 2020 18 Prison Legal News “It is an investment in helping people That law was partially voided in Oc- Project Director Nicole Porter noted that connect with their community,” agreed tober 2019 by U.S. District Judge Robert New Jersey’s prison system has the nation’s Peter Bartz-Gallagher, communications Hinkle, who ruled that former felons highest rate of racial disparity, incarcerat- director for Secretary of State Steve Simon “genuinely unable to pay” legal fines and ing nearly 12 African Americans for every (D), who is the defendant in the case. “It fees could not be denied the right to vote. white person. leads to a stronger democracy and makes A three-judge panel of the Atlanta-based “We’re acknowledging that historically communities safer. This isn’t a niche issue. 11th Circuit U.S. District Court of Appeals this policy is rooted in deep racism, and It affects a lot of people who are trying to upheld Hinkle’s ruling in February 2020. we’re saying, ‘OK, so let’s get rid of 70% rebuild their lives.” Governor Ron DeSantis has asked the full of it’?” said Alexander Shalom of the state “The vast majority of people disen- court to review the decision, and 10 states chapter of the ACLU. franchised live in our communities, own have filed briefs in support of his request. “We will not be ‘1844 no more’ until we homes, and pay taxes,” said Sarah Shannon, Kentucky’s Democratic governor, totally disentangle voting from our criminal an associate professor of sociology at the Andy Beshear, signed an executive order justice system,” agreed Ryan Haygood, the University of Georgia. “They’re not behind restoring voting rights to 140,000 released Democracy and Justice Fellow at the New bars. So, what is it stopping us from allow- nonviolent felons upon taking office in Jersey Institute for Social Justice. (1844 ing these folks from fully participating in January 2019. Before that, like Iowa, is the year New Jersey excluded criminal our democracy?” Kentucky automatically disenfranchised convicts from its voting pool and restricted Florida voters restored voting rights to convicted felons for life. the franchise to white men.) about 1.2 million convicted felons, except “They deserve to participate in our “Because we connect voting to the those convicted of murder and sex offenses, great democracy,” Beshear argued during criminal justice system, we literally in fact those on probation or parole and those who his inauguration speech. link our political process with those racial had not paid their fees, restitution and fines, His executive order could be undone disparities, with that racial discrimination,” in a November 2018 ballot measure. But it by his successor, so Beshear has asked the Haygood continued. “So, the next phase is was unpopular with the state’s Republican- state legislature to codify it. Even so, about the push to connect incarcerated people dominated legislature, which immediately 100,000 Kentuckians convicted of violent with the right to vote, as they do in Maine passed a law delaying the restoration until crimes remain permanently barred from and Vermont.” the former convict paid all fines, fees, and voting, just like every convicted felon in New Jersey Gov. Phil Murphy signed restitution imposed as part of the sentence. Iowa. Though that state’s Republican gov- an executive order that in March 2020 re- (See PLN, October 2019, p.58.) The Florida ernor, Kim Reynolds, pledged to “remove stored voting rights to released state felons ACLU wrote the constitutional amend- unnecessary burdens for Iowans looking at the same time he approved legislation ment, which excluded vast numbers of for a second chance” with a new, simpler to expunge the criminal records of those convicted felons from being able to vote application for restoration of voting rights convicted of certain low-level offenses based on their offenses and whether they in 2019, Reynolds has granted just 300 once they remain out of the criminal justice had completed the terms of their sentence, requests in her three years in office. system for 10 years. including probation and parole and paying While many advocates cheer the fines and fees. HRDC opposed Amend- changes that restored voting to some felons, Sources: Associated Press, sparkstrib.com, ment Four due to its exclusionary and others see a need to alter the focus to racial pewtrusts.org, newyorktimes.com, theappeal. discriminatory nature. biases underlying the problem. Sentencing org, npr.org, floridapolitics.com

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Prison Legal News 19 April 2020 Fund to Pay Wrongfully Convicted Prisoners in Michigan Is Broke Once Again by David M. Reutter

ith the 2016 passage if its unable to receive their court-ordered com- Ray McCann, who served 20 months for a WWrongful Imprisonment Act, Michi- pensation. The state’s Attorney General, perjury conviction in a homicide investiga- gan became one of 33 states with legislation Dana Nessel, was “deeply concerned” about tion for which he was exonerated in 2017 creating a fund to compensate wrongfully the low funding level, said her spokes- —after another man confessed to the crime convicted people, paying them $50,000 per woman, Kelly Rossman-McKinney. in 2015 — and awarded $40,000. year of their incarceration. But by early 2020 “The current balance in the fund is so As of March 2019, Michigan had 28 the fund didn’t even have enough money to low that a single case or two could deplete pending cases seeking over $24 million in pay off existing claims. it,” she added. compensation and legal fees for wrongful One of those left out is Nathaniel The exoneration of David Cavity is convictions. While release for an exoneree is Hatchett, 39. Arrested at age 17 for one such case. He was awarded $1.3 mil- exhilarating, picking up the pieces to restart sexual assault, he spent 10 years in prison lion as compensation for 26 years served on life is tough. before DNA evidence proved he did not three counts of felony murder he did not “It’s hard enough for me, but a lot of commit the crime, and the charges were commit. Another case is that of Richard these guys have nothing, and they have dismissed in 2008. A Michigan Court of Phillips, 73. After his release in 2017, he nobody to help them,” said Aaron Salter, Claims ordered the state to pay Hatchett became the longest-serving prisoner to be 36, who was freed from prison on August $500,000 by January 16, 2019. But there exonerated, passing a term of 46 years for 16, 2019, after serving 15 years for a mur- were so many cases ahead of his that now a 1971 Wayne County murder he did not der he did not commit. “They had to fight the money still isn’t available in the com- commit. Some of that time was served for all through prison, fight to prove their pensation fund. a separate armed robbery conviction, but innocence — and then the state won’t pay “It was good to get a judgment, but it’s a judge awarded Phillips $1.5 million for them? It’s too much. At least give a guy not worth the paper it’s written on since 30 years of wrongful incarceration on the the first $50,000 to let them get back on they refuse to pay him,” said Hatchett’s murder charges when they were finally their feet.” attorney Wolfgang Mueller. “My client is dismissed in 2018. Lawmakers stepped up in March 2019 hurting. He’s unemployed. They need to There are several other wrongfully and budgeted $10 million to help the fund give him his money.” imprisoned people awaiting compensation pay off some of those exonerees waiting. Though the state has put $13 million already awarded. Those include Neal Red- The state’s House of Representatives also into the compensation fund, its balance dick, awarded $780,000 for serving nearly passed legislation to refill the fund again, stood at just $323,800 as of March 4, 2019, 16 years on a criminal sexual conduct charge adding a quarterly reporting requirement leaving some exonerees, like Hatchett, for which he was exonerated. Another is to ensure it isn’t depleted anymore, as well as an exception to the state’s statute of limitations on claims that are unpaid simply because the state hasn’t made the money available. “The most fundamental role of gov- ernment is to safeguard one’s right to life, liberty and property,” said Rep. Steven Johnson (R-Wayland), who sponsored the most recent legislation. “The worst thing that could happen would be to not safeguard those rights, but to violate those rights, too.” The state Senate approved its own version of the legislation in February 2020, sending it back to the House for a recon- ciliation vote before heading to the desk of Gov. Gretchen Whitmire (D), who has said she will sign it into law.

Sources: Detroit News, Detroit Free Press, mlive.com, interlochenpublicradio.com, algonaradio.com, freep.com, legislature. mi.gov April 2020 20 Prison Legal News Prison Plays Go on the Road, Teach Prisoners Life Skills by Dale Chappell

he Colorado Department of Cor- “People are looking for new ways to project and make it come to life,” Hamilton Trections (DOC) teamed up with the engage the system and to transform it from said. “We see major changes not only within University of Denver’s Prison Arts Initiative the inside out,” Wendy Jason, managing the group in their ability to work through and took some prison plays on the road last director for the Justice Arts Coalition, said conflict ... but we also see shifts start to December. It’s the first time a prison play about these programs. begin within the whole prison culture.” has gone on tour. “There is something that happens for About 40 prisoners from the Denver people when they have to work on a large Sources: nytimes.com, foxnews.com, cpr.org Women’s Correctional Facility traveled to the Newman Center for the Perform- ing Arts at the college’s campus to put on Charles Dickens’ A Christmas Carol for three sold-out shows. “I think in our society, we tend to have a very specific stereotype of who is in prison,” Worldwide Real Estate Ashley Hamilton, founder of the college’s program, said. “My experience these last 10 Professional years have really shown me that the majority We Manage, Buy and Sell Throughout the US and parts of the Carribean. Contact us to see how we can help. If we are not in www.sweetsuites.us of people who are inside are really ready to your market we will see how we can be. HELP HAS ARRIVED make a major change ... and I think that the arts are one way they can do that.” Contact us at [email protected] In another prisoner production under Hamilton’s direction, 30 prisoners from Sterling Correctional Facility, a higher security men’s prison, took the classic One We Buy, Sell, and Manage Real Estate Flew Over the Cuckoo’s Nest on tour to an- other prison. The play is about a psychiatric Properties ward run by strict staff and is not unlike real prison, Hamilton noted. She was surprised the DOC allowed the prisoners to put on a play about how abusive the prison system is. “We’re learning how to talk to each other, relate to each other in a way that is not prison-y, I guess you could say,” Brett Phillips, who is serving a 38-year sentence for murder, said. Dean William, the executive direc- tor of the DOC, said bringing the arts into prison was part of a strategy to make life inside as much like real life outside as possible. “There’s a few of us leading these systems who realize that something’s TALK TO US wrong,” he said. “We’ve made prison a (04) 298 3985 2092 +76 209 1092 4095 place of starkness, idleness, a place with- [email protected] TO US out purpose. Then we’re confused where (786) 292-0428 people get out and they don’t make it. I Sweet Suites LLC think that’s on us.” Licensed RE Broker In California, a podcast called “Ear P.O. Box 12432 Hustle,” about life in San Quentin State Prison and created by prisoners, gets 30 Miami, FL 33101 million downloads. The state spends $8 [email protected] million a year on creative arts projects in all of its prisons. Prison Legal News 21 April 2020 Former Prisoners Find Career Success and Help Others to Achieve the Same by Kevin Bliss

x-felons are gaining more oppor- started Flikshop. Understanding that created a new line of non-GMO, organic Etunities to rebuild their lives after release one of the highlights of a prisoner’s day bread called Dave’s Killer Bread, which without having the stigma of incarcera- was getting something at mail call, and was so successful that it is now offered in tion hanging over their heads. With such realizing that social media was replacing all 50 states and Canada. He also started measures as Ban the Box, Second Chance written correspondence, Flikshop allowed the Dave’s Killer Bread Foundation, which Employment, and self-startups, people with family and friends to convert social media focuses on expanding employment oppor- criminal convictions are getting a leg up on snapshots into postcards that were then tunities for convicted felons and educating employment, a major factor in recidivism mailed to correctional facilities across businesses on why hiring ex-offenders is reduction. the country. good practice. The ABA Journal highlighted three Bullock has attracted investors such Jobe, another convicted felon, de- such individuals in its July 2019 edition. as justice reform advocate John Legend’s veloped a cost-comparable plant fiber The first, David Figueroa, grew up on Unlocked Futures. His success has landed packaging product that could replace en- the streets of Chicago. After two stints in him in such magazines as The Washington vironmentally hazardous polystyrene foam. prison, Figueroa decided he wanted some- Post and Forbes, as well as being featured on His company, Vericool, is so successful that thing different. At age 29 he began work at NPR. Bullock says the majority of his em- he had $40 million in backlogged orders. a construction site. He also took several life ployees have been incarcerated. He prides Both Dahl and Jobe say that at least skills classes being offered at a community- himself on giving ex-offenders a second one-quarter of their employees have spent based organization. From there, he pooled chance. Moreover, he visits prisons to teach time in prison. Jobe says for him it is per- his savings and in 2014 started his own entrepreneurship, savings and finance. sonal. “Your future shouldn’t be based on business - Second Renovations. Forbes magazine has featured Dave your past,” he stated. Figueroa says he makes an effort to Dahl and Darrell Jobe in separate stories. hire convicted felons. He starts them off at Dahl got out of prison and helped his Sources: daveskillerbread.com, forbes.com, $12 an hour and provides them with power brother to expand their father’s bakery. He abajournal.com tools necessary for the job. He teaches construction skills to his employees and helps them to develop good work habits. Audit: Privatizing Florida’s “I’m really hard on my guys for the first 30 days because a lot of them don’t have any Prison Health Care Was Costly work experience,” he said. “Sometimes it’s and Deadly Mistake very hard to get these guys to commit and understand this is not a game.” by David M. Reutter Teresa Hodge was already an entre- preneur and had a supportive family before hen former Florida Gov. Rick lawsuit that challenged the conditions of incarceration. She was arrested for mail WScott took office in 2011, he pushed confinement, and the provision of medical fraud and money laundering and spent six to privatize health care for Florida prison- care was a large feature of that suit. It took a years at Alderson Federal Prison Camp. ers. He promised the move would save while, but FDOC turned things around and She said the most memorable thing she saw taxpayers millions of dollars and it did, at had in place a very adequate medical system. were so many women returning to prison, least until 2014. An audit ordered by the Then Scott, the former CEO of Columbia/ their high hopes of success after release state legislature found that since those HCA, a giant health care company that was dimmed by the hardships they faced. With initial savings, privatization has cost many fined $1.7 billion for defrauding Medicare the help of daughter Laurin (a graduate millions more. and Medicaid while Scott was in charge, student at Johns Hopkins University), they “The contracts the [Florida Depart- became Florida’s governor. His agenda created Mission: Launch, Inc., a nonprofit ment of Corrections (FDOC)] entered into was to privatize as much of government as organization geared at teaching recently between 2012 and 2015, while they saved possible, arguing it would achieve savings released women financial literacy, technol- substantial amounts of money, resulted and upgrade services. ogy, and entrepreneurship. Started in 2012, in substantial reductions in service,” said With a prison system that holds about it has since expanded to include men and to Karl Becker, senior vice president at CGL 100,000 prisoners and a $2.2 billion budget, teach leadership training and help acquiring Companies and one of the audit’s authors. lawmakers were game to privatization. Yet capital for new businesses. “Those savings you achieved during that the move to was puzzling for FDOC, at Marcus Bullock, after spending time, you are probably paying for now” the legislature’s direction, had attempted seven years in prison for carjacking and through lawsuits and increased costs. from 2001 to 2006 to privatize its Region weapons’ charges, got out and ultimately FDOC was the subject of a class-action 4 health care. That effort with Wexford April 2020 22 Prison Legal News Health Sources failed due to the usual issues model,” the audit found. It requires FDOC state $46.2 million annually. It noted that with privatization: “reductions in staffing, to pay all incurred expenses and provides FDOC “has the internal capability and dramatic decreases in episodes of outside an 11.5% administrative fee to Centurion expertise to manage inmate health care care, and the number of prisoner grievances as profit. Pharmacy services are not part of delivery.” A university model of health about the poor quality of health service the contract. care management, which is used by Texas, care,” according to the audit. Overall, improvements have been Georgia, and New Jersey, could save tax- Nonetheless, the legislature directed seen with Centurion. “The situation has payers $40 million a year, but FDOC FDOC in 2011 to privatize its entire stabilized currently,” Becker said. “There’s managers who have approached the state’s medical care system and issue contracts a general consensus Centurion is doing a universities have been unable to generate that achieved a 7% savings on current good job compared to the last two con- interest. Continuing the outsourcing model costs. FDOC awarded four-year contracts tracts.” The audit noted prisoner health could achieve up to $5.5 million in savings to Wexford for $237.9 million for Region care costs have gone up an average of 9% if competitive bids were submitted, but 4 and to Corizon for $1.1 billion to service annually, but it said that is “attributable Centurion was the only company to submit Regions 1-3. to misalignment between contract fund- a bid the last time the contract was up for “While both contracts achieved re- ing and service requirements in the initial negotiation. quired savings levels (and in fact surpassed outsourcing initiatives.” FDOC has also FDOC Secretary Mark Inch said the the seven percent savings requirement), been subject to litigation over mental audit is “pretty accurate.” He has said the the vendors in many cases initially reduced health services, Hepatitis C treatment, and “status quo is not sustainable,” and he has spending by maintaining lower health care hernia surgeries, which accounted for $39 asked the Legislature for $113 million to staffing levels,” the audit stated. Serious million in costs. help increase pay for guards, fill vacan- performance issues ensued. The auditors found FDOC’s spends cies, and reduce overtime. The long term Prisoners started dying at record levels about $6,511 annually on prisoner health effects of mass incarceration are having with death rates increasing from 35 to 40 a care, which was low among the nation’s detrimental impacts in all areas of FDOC’s year to over 400 a year. Negative publicity prison systems but comparable to most operations. Inch said it is up to legislators to led Corizon to terminate its contract in large prison systems. That equates to $566.9 determine its future direction. The attention May 2016. It was replaced by Centurion of million or 21% of FDOC’s budget. A to date is focused on saving money with Florida. Wexford’s contract was terminated continuing contributor to rising costs for little attention or interest in the prisoner in 2017 by FDOC, and Centurion took health care was attributed to a 78% increase death rate increasing over 1,000 percent over Region 4, making it FDOC’s sole in prisoners who are 50 or over. Geriatric since health care was originally privatized. health services vendor. prisoners’ medical costs are three times that Prisoners are indeed an expendable popula- The current three-year contract runs to of younger prisoners. tion in Florida. 2022 and is capped at $421million per year. In commissioning the audit, the Leg- That contract is a “cost-plus” model, which islature required a comparison of other Sources: Health Care Study: Florida Depart- “does not encourage efficiency and appears models of delivery. The audit found going ment of Corrections, November 13, 2019, to be the most expensive service delivery back to an in-source model could save the Miami Herald

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Prison Legal News 23 April 2020 California Prison Officials Put Hold on Policy That Led to “Gladiator Fights” by Michael Fortino, Ph.D.

n September 2019, California prison of the California prisons that the gang “Prisoners are smuggling out the video Iadministrators and officials agreed to put members themselves agreed to condemn for the public even though it guarantees a hold on a policy known as “incremental CDCR’s “divide-and-conquer” mentality, retaliation, like lockdowns, being thrown release” after complaints from prisoners driving the prisoners to negotiate truces. into a yard for fights, solitary, and possible and their relatives that it had been used to In 2012, leaders of various ethnic gangs in increased time, in the hope that the outside promote a “divide-and-conquer” strategy the Pelican Bay Segregated Housing Unit knows what’s going on and helps them at state prisons by orchestrating “gladiator drafted an “Agreement to End Hostilities.” put a stop to these escalations of violence,” fights” among prisoners, with guards even But the prison system seemed to ignore Terpstra said, adding that prisoners “have betting on contestants like a spectator the code and continued to increase tension by little to lose at this point.” sport in the Roman empire. This has been ratcheting up an environment that encour- In August 2019, CDCR Secretary an ongoing issue at prisons in general and aged “survival of the fittest.” In accordance Ralph Diaz visited Soledad, where he was CDCR in particular for the past 30 years with “policy,” prison officials implemented a confronted by prisoners pleading for him and PLN has reported on it repeatedly in “modified program” – institutional-speak for to discontinue the practice of “incremental that time period. a lockdown affecting only some prisoners release.” Diaz refused. His spokesperson, According to the California Depart- in a facility. Privileges such as commissary Terry Thornton, insisted that “CDCR is ment of Corrections and Rehabilitation and visitation were rescinded following any charged with providing a safe and secure (CDCR), “incremental release” is a method incident deemed worthy of punishment. environment for everyone who lives, works for desegregating prisoners by mandat- “Modified program” allowed the prison and visits its institutions.” ing the simultaneous release of rival gang to vacillate between open recreation access “Furthermore, the rehabilitation of members onto the prison recreational and long dehumanizing lockdowns, during individuals entrusted in the department’s yard – even though staff members are which prisoners would face inhospitable care is also a priority,” he added. fully aware that the consequences could conditions, including freezing concrete The very day after Diaz’s visit, a riot be a violent confrontation. The resulting cells or cells so hot the walls would sweat. exploded at Soledad involving two hundred “gladiator prisons” allegedly include the Prisoners would be deprived of access to prisoners in rival Latino gangs – only one of California State Prison in Corcoran, the commissary items, including toothpaste which is a party to the 2012 Agreement to Correctional Training Facility in Soledad and even toilet paper, and therefore become End Hostilities – leaving eight hospitalized and the Pleasant Valley State Prison, among totally dependent upon their jailers. and fifty injured. Prison officials held the com- others throughout the state. After a September 2018 brawl at batants in lockdown for the next twelve days, The idea is not new, having first made Corcoran, some 350 prisoners in rival gangs moving 50 of them into solitary confinement. an appearance in 1990 in the Corcoran were placed on lockdown – 23 hours a day Some family members began to band Secure Housing Unit, where guards staged isolation - for five months. In January 2019, together in protest outside of various fights between black and Latino gangs, tak- some 270 of them went on a hunger strike California prisons following visitation ing voyeuristic pleasure in watching from in protest of their treatment. Protest out- restrictions in which many had been kept, the sidelines and betting on the victor. To side the prison followed in February 2019, sometimes months at a time, from seeing end the fighting, guards used pepper spray, staged by family members and loved ones. their brothers, husbands, and loved-ones. block guns (air-powered non-lethal rifles Also in February 2019, a pair of smug- “To keep putting them out in the yard that shoot rectangular immobilizing wooden gled cellphone videos captured rival gangs to kill each other, essentially, is irrespon- blocks), lethal mini-14 rifles and 9-millime- clashing on two consecutive days at Soledad sible of CDCR,” said Alice, the wife of a ter handguns loaded with deadly rounds. prison in gladiator-style combat, while prison prisoner serving a life sentence at Soledad, From 1989 to 1994, seven prisoners guards stood by. According to Brooke Terps- who declined to give her last name for fear were shot dead and 43 more were injured. tra, a prisoner advocate with the Incarcerated of retaliation against her husband. When several guards turned whistleblower, Workers Organizing Committee (IWOC), A ballot initiative known as Proposi- the story became national news and charges similar fights were staged at Corcoran and tion 57 was introduced in 2016 to permit ensued. Eight guards were tried but subse- Pleasant Valley. The goal, Terpstra said, is to prisoners to earn credits for good behavior, quently acquitted because a jury accepted provide guards an excuse to keep prisoners in including a reduction in sentence. But this their alibi: They had simply followed policy. lockdown, where they are easier to manage privilege is revoked if a prisoner is involved “Policy” in that case allowed guards to use in CDCR facilities plagued by mold, leaking in any form of violent act, regardless of the deadly force to stop fights and riots. What roofs and faulty electrical systems. An April circumstance. Isolation from family mem- did not emerge clearly from the trial was 2019 lawsuit filed by Corcoran prisoners bers, and extinguished hope of ever seeing a the role guards and staff played in fueling details widespread problems, including mag- reduced sentence, have served only to foster the deadly conflict in the first place. gots in food and rodent droppings on top of and heighten more hostility and violence, Tensions grew so high within many dining tables during meal times. prisoner advocates say, further strengthening April 2020 24 Prison Legal News bonds between same-gang members who are and proceeded to instigate fights. “justify the very existence of prison itself,” forced to rely upon each other for protection. The practice of “gladiator prison” is according to Truthout.org. Of course, pris- According to media accounts, outbreaks premised on a culture where prison officials oners could refuse to fight each other and of “gladiator activity” had been spurred by a take pleasure in fighting prisoners like dogs focus on their collective conditions and try gang calling itself the “Bulldogs.” This group and only intervening after the damage is to improve them. intentionally ignored all previously executed done, often with deadly force. It seems convict-to-convict peace agreements. The that that these socially engineered gladi- Source: usatoday.com, theappeal.org, truthout. Bulldogs reportedly arrived on a compound ator fights may be intended to ultimately org, shadowproof.com, visaliatimesdelta.com $1 Million Paid by Snohomish County Jail to Settle Detainee’s Opioid Withdrawal Death Lawsuit by Douglas Ankney

n October 21, 2019, Snohomish Handwritten “Progress Notes” by but her request was denied. OCounty, Washington, agreed to pay medical staff listed Kronberger’s weight as On January 12, a jail guard denied $1 million to settle a lawsuit related to the 97 pounds. The following day, staff evalu- Kronberger’s request for a wheelchair. Two death of Lindsay Kronberger. Kronberger ated Kronberger, observing that her blood guards half carried, half dragged her to her had been a detainee at the Snohomish pressure was low and her heart rate elevated. cell because she couldn’t stand or walk. County Jail (“SCJ”) before she died in By January 5, Kronberger’s blood pressure Later that day, Kronberger nearly passed January 2014 of causes related to dehydra- had fallen to 90/50 and her heart rate was out as she tried to get some juice. Maine tion and opioid withdrawal. The suit was at 144. reported she last saw Kronberger sleeping brought by Kronberger’s husband, John According to the suit, these vital signs in her bed at 9:30 p.m. T. Gohranson, and by her father, Dale R. suggested dehydration and shock that Early on the morning of January 13, a Kronberger (“Plaintiffs”). may have required medical intervention to jail deputy observed Kronberger face down The suit alleged that on January 3, prevent serious injury or death. Instead, on in the toilet. Efforts to resuscitate her failed, 2014, the 24-year-old Kronberger was January 6, Kronberger was released from the and she died without regaining conscious- booked into the SCJ. SCJ after being medically cleared by a nurse. ness. An autopsy revealed she weighed just Kronberger self-reported she was ad- Kronberger was booked back into 89 pounds and had lost 8 pounds over the dicted to heroin and answered “yes” when the SCJ only hours later. Powell placed nine days she was detained in the SCJ. asked if she had withdrawal problems. She Kronberger on detox watch for heroin Surveillance video released during dis- told Registered Nurse (“RN”) Joy Maine withdrawal and assigned her to the MHU. covery revealed a jail sergeant and a deputy that she had used heroin earlier that On the evening of January 7, a nurse gave laughing about and mimicking Kronberg- morning. Maine placed Kronberger in the Kronberger a medication to control nausea, er’s condition. More than a dozen people Medical Housing Unit (“MHU”) and put but nothing in the medical records indicates died at the SCJ between 2010 and 2014. her on detox watch for heroin withdrawal. how much or how often Kronberger was The Plaintiffs were represented by Brewe Addicts undergoing withdrawal ex- vomiting. Kronberger continued to report Layman, P.S., and by Cogdill Nichols Rein perience symptoms that include vomiting that she was vomiting and had diarrhea. Wartelle Andrews. See: Gohranson v. Sno- and diarrhea. While withdrawal is not fatal, By January 11, her blood pressure was homish County, No. C16-1124 (2019). excessive vomiting and diarrhea can lead to 80/40 yet no physician ever examined Kro- dehydration, which can be, and in this case was. nberger. She requested to go to the hospital, Additional source: seattletimes.com

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Prison Legal News 25 April 2020 Massachusetts Prison Retaliates Against Prisoners for Assault on Guards; Court Grants Preliminary Injunction in Class Action by Kevin Bliss

fter a January 10, 2020, prisoner noted that “the major reform” effort in the ing that the facility’s “north side has been Ariot left three guards injured at Mas- law focused on abuse of solitary confine- converted into a ‘super max’ prison where sachusetts’ Souza-Baranowski Correctional ment, while “the prisoners who attacked inmates are deprived of all property” and Center (SBCC), prisoners and their loved the correctional officers were in general “are now locked in their cells for at least ones said prisoners were subjected to retalia- population.” 23.75 hours per day, without access to tion, losing their property, being tased, locked “And my understanding is they were programming, media, legal materials, or down 23 hours a day and denied access to part of a gang,” he added. “And so I think writing materials.” phones and visits. Attorneys and prisoners’ that much more has to do with the DOC On February 2, 2020, Eldridge led rights groups also claimed they had been (Department of Corrections) management a group of state legislators to SBCC in a unable to contact some of their clients inside than anything we passed in the criminal surprise visit to investigate the suit’s claims. the Lancaster maximum-security prison. justice reform law.” Afterward he said he wants to have “a big- “Assaults have been widely reported,” The legislator also accused DOC of ger discussion about how do you improve said Elizabeth Matos, executive director of paying no more than lip service to the law’s conditions both for the correction officers Prisoners Legal Services of Massachusetts. reforms. and the prisoners.” She added that “a number of people” “Essentially, none of these reforms have “There are some who believe that it’s a who were beaten by guards then endured been implemented,” Eldridge continued. continued sort of tough on crime approach,” further physical abuse after they quizzed “So I’ve visited three prisons so far, and they he said. “But I think you actually need to guards for a motive behind their behavior. haven’t been implemented. I’ve sat down treat prisoners better. Quite honestly, this is “When one of their officers is assaulted, with the Baker-Polito administration [GOP a disagreement over a vision for what should the entire prison will pay,” Matos said, re- Governor Charlie Baker and Lt. Governor be happening in our prisons.” porting what some of SBCC’s nearly 1,000 Karyn Polito] and asked: When is that go- On February 20, 2020, the second day prisoners had relayed from their guards. ing to happen? Because — at least my view of a two-day hearing of the case before Suf- Three guards in Unit N1 were sur- is — the way you reduce tension in prison is folk Superior Court Judge Beverly Canone, rounded and assaulted during the January providing more programming, more visita- SBCC prisoner Robert Silva-Prentice testi- melee. Massachusetts Correction Officers tion, and more rights to prisoners.” fied that his notes from the hearing’s first Federated Union (COFU) President Derek Pushing back against Eldridge’s day had been confiscated by guards, who O’Connor said one guard had to “fight his charges, DOC issued a statement claiming did not return them in time to prepare for way out,” while another suffered a broken its facilities “meet or exceed the require- the second day. DOC officials countered jaw and the last required surgery. ments of Massachusetts law, including in their testimony that Silva-Prentis had SBCC Superintendent Steven Ken- the maximum security Souza-Baranowski actually suffered no harm because his pa- neway immediately put the prison on Correctional Center, which houses the perwork was eventually returned. But Judge lockdown. That stretched for 11 days until most violent and dangerous offenders in Cannone was not having it. January 21, 2020, during which time the the state,” the statement said. “The court does not credit this testi- prison’s remaining guards, in revenge for “The inmates at SBCC are volatile and mony,” she ruled. the attack on their coworkers, subjected dangerous, as evident from the January 10 Attorney Patricia DeJuneas said that inmates to cruel and unusual punishment, attack,” agreed Kenneway, who said there her client, Silva-Prentice – who is one of a class-action lawsuit filed January 31, were some 300 assaults at the prison in 2019. the three named defendants in the class- 2020, alleges. The lawsuit was filed by the In addition to the lockdown, he had action suit – “put himself at risk by speaking Massachusetts Association of Criminal about 100 prisoners moved to other state publicly about the abuses he suffered at the Defense lawyers and the Committee for facilities. Though Kenneway and his guards hands of armed tactical team members.” Public Counsel Services. identified 23 “enemy combatants” who had In a decision issued February 28, 2020, COFU released a statement placing participated in the riot at SBCC, Worcester Cannone granted plaintiffs a preliminary partial blame for the riot on the state’s County District Attorney Joseph Early on injunction of SBCC policies that restricted Criminal Justice Reform Act (CJRA), a 2018 February 20, 2020, indicted a total of 16 prisoners from keeping legal paperwork in law dealing with use of solitary confinement prisoners on assault charges related to the their cells and limited their opportunities and compassionate release. That law gives incident. Early said the men would be ar- for attorney phone calls and visits, even prisoners more freedom of movement, which raigned on the charges at a later date. during business hours. guards say undermines prison order. But state The Massachusetts Association of “The implementation of the restric- legislators expressed disbelief that CJRA was Criminal Defense Lawyers and the Com- tions at issue represents an exaggerated responsible for the riot. mittee for Public Counsel Services filed the response to the serious security concerns State Sen. Jamie Eldridge, who co- class-action suit against SBCC on behalf of here,” Cannone chided DOC. “The court chairs the legislature’s Judiciary Committee, three named prisoner defendants, claim- can think of no greater public interest than April 2020 26 Prison Legal News the protection of individuals’ sacred consti- al, Suffolk County Superior Court (MA), Sources: WBUR.org, boston25news.com, tutional rights.” See: Larocque et v. Turco et Case No. 20-00295. nbcboston.com, bostonglobe.com Kim Kardashian West Declares War on Mass Incarceration by Ed Lyon ationally known actress, fash- Marie Johnson, who received a 25-year “represent the millions of people im- Nionista and activist Kim Kardashian prison term on a first-time non-violent pacted by this broken justice system,” West has two new loves. One of them is drug offense. She became so passionate she stated. the law and the other is a burning desire about Johnson, a great grandmother, The documentary revolves around four to help society’s lowest esteemed class, its that she went to visit President Donald cases. One features a sex trafficking victim convicted criminals. Trump at the White House. President and another a battered woman who finally Kardashian, the wife of rapper Kanye Trump favorably responded to Kar- killed the family member who was victim- West, has recently completed a one-year dashian’s entreaty and granted Johnson izing her. It is scheduled for broadcast on legal study and apprenticeship. Later this clemency in 2018. She had served 21 April 5, 2020. year she will take what is called the “baby years in prison. Visits to the prisons to interview the bar.” If she clears that hurdle, Kardashian In a direct attack on mass incarceration, four subjects are intricately woven into will be able to enter into another three years Kardashian has partnered with Oxygen in the story-type format of the documentary. of studying the law and then be able to take order to produce a two-hour-long docu- Interviews with those prisoners’ families, the regular state bar exam. mentary titled Kim Kardashian West: The friends, public officials and attorneys will Her particular area of concern is the Justice Project. be incorporated as well. The documentary mass incarceration of U.S. citizens, which She not only acts in the starring is intended to offer a well-rounded, infor- numbers around 2.2 million people and role but is the executive producer as mative view of the criminal justice system is proportionally higher than any other well. She has repeatedly characterized and raise concerns about America’s mass country in the world. the U.S. justice system as “broken.” incarceration problem. One of the recent causes she suc- Kardashian is hoping to “put faces cessfully tackled was the case of Alice to the numbers and statistics,” which Source: variety.com, bustle.com

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Prison Legal News 27 April 2020 Florida Lowers Minimum Age for Prison Guards But Fails to End Staff Shortages by David M. Reutter

new law that reduces the mini- FDOC is attempting to retain staff graduates to make a career in corrections re- Amum age to be a Florida prison guard by offering hiring bonuses to guards, who mains to be seen. Puckett says his association has not helped resolve “critically low” start at $33,500 annually, and by offering supports the pay raises, but the “jury is still staffing levels. Effective July 1, 2019, the tuition reimbursement programs. It also out” on the change in work hours. Reducing minimum age to be a guard was reduced proposes to increase the pay by $1,500 to the prison population and closing facilities from 19 to 18. guards with two to four years’ experience to better use existing staff is not something Florida has struggled for over a decade and $4,000 to existing guards with five or that appears to be up for consideration. in retaining staff to oversee its more than more years’ experience. 96,000 prisoners. In 2012, the Florida De- Whether that will compel high school Source: orlandoweekly.com partment of Corrections went from 8-hour to 12-hour shifts in a move to reduce the number of guard positions. That move $1 Million Settlement in Atlanta Detainee’s pushed many veteran career guards to retire, Death From Untreated Diabetes as they were vested in the Florida pension plan after ten years of service. by David M. Reutter The aftermath has seen a revolving door for guards. Hiring guards and getting $1 million settlement was cell … where the lights had not worked for through the correctional training program A reached in May 2019 in a lawsuit al- several years.” That move was made contrary to certify them is not a problem. Retaining leging the Atlanta City Detention Center to ACDC policy that required a supervisor them for even two years is the issue. For (ACDC) left a pretrial detainee in an unlit to approve such a move. Bryant continued many, the low pay is a severe deterrent, confinement cell to die from untreated to refuse diabetic treatment and was not especially when the same certification earns diabetes. offered mental health treatment or other a higher wage at a local jail. When Wickie Yvonne Bryant, 55, medical care. “Staffing at the department has reached was booked into ACDC on September 14, She did not eat her breakfast on the critically low levels, and many of the staff 2015, it was noted that she suffered from morning of October 12. The civil rights currently employed are extremely inexperi- schizophrenia, bipolar disorder, diabetes, complaint alleged that it appeared to the enced,” Florida Department of Corrections and hypertension. She said that she was detainee who delivered and picked up Bry- (FDOC) officials wrote in a legislative taking medication for all three diagnoses. ant’s lunch tray that she lacked “the strength budget request filed in September 2019. The An intake test revealed an “extremely to get up from her bed, where she was lying, lack of staff and inexperience often result elevated blood-glucose level” of 353 mg/ without any clothes on, to return the food in prisoners being locked in their dormi- dl, but she refused to take insulin, saying it tray.” No guard or medical staff checked on tories and deprived of recreation or other made her sick. her condition. programming opportunities. Inexperienced She was subsequently prescribed The next morning Bryant left her staff are regularly placed in acting super- Metformin, an oral diabetic medication. breakfast tray untouched, and staff reported visory positions to oversee, often alone, a Yet, from her intake until October 5, 2015, that she was unresponsive that day. They dormitory or housing area. Bryant refused her “diabetic treatment,” said they believed she was sleeping. While To address the staffing issues, FDOC which meant blood testing and medication. there were feces and water on the floor has proposed going back to 8-hour shifts. She submitted a request on September 20 in front of her cell, no one “investigated That would require hiring 292 new full-time advising officials about her medical and whether Ms. Bryant had bowel issues or if guards at a cost of $29 million. FDOC mental health treatment at several medical she was physically ill.” says going back to three daily shifts would facilities. Throughout the day, Bryant was “un- reduce staff fatigue, misconduct, and lower Despite laying out her history of care responsive and lying in the same position,” the cost of “unbudgeted overtime dollars.” regimen, ADCD’s medical staff never but no one conducted an investigation or Despite an annual budget of over $2 billion requested that information, nor did they opened the cell to check on her well-being. FDOC runs an annual deficit that it pays offer mental health care. Her refusal to take Finally, around 7:24 p.m., three guards real- off with the following year’s budget. medication for two straight days required ized “Bryant was completely unresponsive While FDOC’s plan worked in the staff, per ACDC policy, to inform a doctor and her body was already stiff.” past, going back to it may be a tough task to to examine Bryant. That, however, never The medical examiner arrived in less complete. “To do that, you need to bring in happened. than an hour. “I asked if she was taking more staff and keep them over the long run,” Then, on October 5, guard Marian medications while in jail and what her said Matt Puckett, executive director of the Bullard-Whitaker moved “Bryant from her history was,” wrote Fulton County Medi- Florida Police Benevolent Association. fully, functional, lit cell . . . to a dark, unlit cal Examiner Office investigator Betty April 2020 28 Prison Legal News Honey. “No one could tell me about her got to evaluate it, and diabetes is clearly history or if meds were given while she something that has to be evaluated. If Stamps has been there.” you don’t give them insulin, they’re go- An autopsy found that Bryant died ing to die.” for CA$H ! from diabetic ketoacidosis. Since 2008, The City of Atlanta approved the Great Goods will buy your stamps ! 11 men and one woman have died in $995,000 settlement with Bryant’s estate on 70% of face value: complete, new and perfect books of 20 stamps. Georgia jails and prisons from diabetic May 22, 2019. The estate was represented by 60% global forever and high denomination ketoacidosis. “Unfortunately, that statis- the Pope, McGlamry, Kilpatrick, Morrison, stamps. tic is not surprising to me,” said Sarah and Norwood law firm. See: Sims v. City of 50% any partials,singles and strips. No quantity of stamps too big. Fech-Baughman, director of litigation Atlanta, USDC, N.D. Georgia, Case no. -Please inquire for a complete list of rates- for the American Diabetes Associa- 1:17-cv-000519 GREAT GOODS tion (ADA), “and is in line with what PO BOX 888 LAKE WORTH , FL. 33460 I would expect, based on what we hear Additional source: ajc.com www.easycashforstamps.com [email protected] from folks.”

Diabetes is such a pervasive problem in prisons that the ADA has written policies to guide prisoner care. It calls for “all levels of custody” to have access to medication and dosing consistent with their usual treatment CATHOLIC PRIEST AND CHILD SEX ABUSER plans. It further says staff must be trained to recognize and respond to acute health issues. “I know it’s not easy working in a jail,” said Dr. Bruce Bode, an Atlanta diabetes specialist and Emory School of SCOUT LEADER AND CHILD SEX ABUSER Medicine faculty member. “(Prisoners) can tell you anything and everything they want. But if it’s a medical issue, you’ve

TEAM COACH AND CHILD SEX ABUSER If You Write to Prison Legal News We receive many, many letters from prisoners – around 1,000 a month, every month. If you contact us, please note that we are unable to respond to the vast majority of letters we receive. If a person of trust violated you, In almost all cases we cannot help find an we’re here to hold them accountable. attorney, intervene in criminal or civil cases, contact prison officials regarding grievances or disciplinary issues, etc. We cannot assist with If you were a victim of childhood sexual abuse, you are not alone. wrongful convictions, and recommend contacting For decades, large organizations like the Catholic Church, the Boy organizations that specialize in such cases – see the resource list on page 68 (though we can help Scouts of America and others turned a blind eye toward child sex abuse. obtain compensation after a wrongful conviction has been reversed based on innocence claims). In February, the Boy Scouts of America filed for bankruptcy. Victims of Please do not send us documents that you need to childhood sexual abuse within the Boy Scouts will soon have a deadline have returned. Although we welcome copies of to file a claim. There is still time to seek justice against your abuser and verdicts and settlements, do not send copies of complaints or lawsuits that have not yet resulted in the organization that protected them, but you must act now. a favorable outcome. Also, if you contact us, please ensure letters are legible and to the point – we regularly receive 10- to 15-page letters, and do not have the staff time SEND MAIL TO: or resources to review lengthy correspondence. If PCVA Law, ATTN: Dept DC-PLN we need more information, we will write back. 911 Pacific Ave, Ste 200 While we wish we could respond to everyone who Tacoma, WA 98402 contacts us, we are unable to do so; please do not be disappointed if you do not receive a reply. ATTORNEY ADVERTISING

Prison Legal News 29 April 2020 Artificial Intelligence for Surveillance Spreading to Prisons Around the Globe by Jayson Hawkins

rtificial Intelligence, long thought behaviors, notably those in Norway and and stopped dozens of suicides. Ato be the wave of the future, has be- Germany, have done so not through inten- “Taking your life in a penal institution- come a present reality in prisons around the sive surveillance or control but by returning -that’s a huge news story, because we’re globe. Facilities in Hong Kong and China agency and dignity to the human beings in there to maintain their health and well- have already established themselves on the their care. being,” stated Bill Partridge, the Oxford, cutting edge of “smart” incarceration. Facilities in the United States have Alabama police chief. “It [the AI technol- The former has outfitted prisoners with so far been reluctant to implement com- ogy] saves taxpayers copious amounts of wristbands similar to Fitbits that track loca- puter-aided surveillance, but AI is being money and it also helps the family because tion and other data, like heart rates. Other used across the United States to monitor they don’t have to deal with that situa- programs slated to begin soon include drug- phone calls from prisoners, including tion” he added. The number of suicides in detecting robots and surveillance systems data tracking of call recipients and voice prisons and jails continues to grow and tasked with flagging abnormal behavior. printing calls. The technology operates on the companies are not providing verifiable Yancheng prison in mainland China, speech recognition and semantic analysis evidence to investigate their claims. Price meanwhile, has completed construction of to search through a database of key words. gouging and exploiting prisoners and their its surveillance system that features hidden In order to keep up with regional differ- families is however easily verifiable and, in sensors and cameras in each cell. This data ences and changes in prison slang, the the U.S. at least, it is prisoners and their is uploaded daily to a computer that “gen- tech providers embed investigators into families who are footing the surveillance erates a comprehensive report, including correctional units. bill on telephone usage. behavior analysis, on each prisoner using When analysis of a phone call detects LEO Technologies has no fixed price different AI functions such as facial iden- suspicious language, the company contacts for its services, but its annual fees typically tification and movement analysis.” law enforcement. One company, LEO run in excess of $500,000 per unit with a Tiandy Technologies, the company Technologies, claims that in just two years 1,000-prisoner capacity. that created the Chinese system, has of operation it has uncovered countless claimed its product will eliminate escapes, contraband smuggling schemes, prevented Sources: abcnews.go.com, msr.com, slate.com, but it will do more than just monitor every serious incidents of violence from occurring, scmp.com, psmag.com move prisoners make. An inspection by party officials in December 2018 concluded that employees of the facility had not fully Suicide Rate of BOP Guards Keeps understood “its political nature in the new Increasing, Sets New Record era.” It also determined that guards had violated rules, thus casting doubt on their by Dale Chappell personal ethics and political loyalty. The implied threat was that no one was he suicide rate among guards in the trying to diagnose why guards keep killing invisible to the new surveillance system, and Tfederal Bureau of Prisons (BOP) keeps themselves. no action would go unscrutinized. The idea increasing, reaching a record high in 2019 “Corrections is extremely difficult of surveilling prison employees and holding for the most suicides in a single year: 14. and emotionally demanding work,” said them accountable to legal and professional Top brass at both state and federal Amy Lerman, the lead author of the study standards is a truly revolutionary idea. prisons have known for years that the sui- and professor of public policy and politi- Critics have raised concerns about cide rate of prison guards is much higher cal science at the university. “We are just subjecting American prisons to the all- than the general public. It even rivals that beginning to understand the huge range seeing Chinese panopticon model. The of Vietnam War veterans. But the challenge of mental and physical health issues that utter lack of privacy while living 24/7 under has always been what to do about it. can result from exposure to violence and the unblinking gaze of cameras could be A recent study by University of California untreated toxic stress in the workplace.” detrimental to rehabilitation, as would a Berkeley’s Goldman School of Public Policy The Office of the Inspector General reduction in human interaction if recording gathered data from over 8,000 prison guards (OIG) released a report on November 22, equipment were used to replace guards. Yet and parole officers in California and found 2019, the same day that the fourteenth this has been the explicit goal of American that the problem has many facets. However, suicide set a new BOP record. It found that and English prisons since British social the big three factors were: dangerously low the BOP will remain understaffed almost theorist Jeremy Bentham first invented the staffing levels, high levels of violence and 12 percent for at least the next year at all panopticon prison in the 1780s. threats of violence, and ineffective workplace of its 122 prisons. Prison systems that have succeeded programs to combat the problem. Current BOP Director Kathleen in reducing violence and curbing antisocial The study was a first of its kind in Hawk Sawyer testified before the Senate April 2020 30 Prison Legal News Judiciary Committee in November about worried about privacy and the stigma of being system that brutalizes and dehumainizes the problem. She said guards “are tired seen as “weak” by their coworkers. the prisoners in its captivity may do the because they are stretched” thin. When interviewed by ABC News in same to its employees and has a corrosive Sawyer said that the explosion in the October, Fausey said, “We’re on course for effect on their humanity and mental health. prison population over the last 30 years an all-time record of suicide of staff.” A For decades politicians have built stark, combined with retirements exceeding new month later, he was proved right. minimalistic prisons designed to physically hires had created a severe staffing shortage. A California prison guards’ union and psychologically torture the prisoners She further cited budget problems, govern- tracked the suicide rate of guards and found confined in them 24/7 without noting that ment shutdowns, and the hiring freeze put that in 2012, the rate was four times higher it may have a negative effect on the guards in place by the Trump Administration as than the state’s general population. employed in them 40 hours or more a week. adding to the problem. When California prison guard Scott But the guards are free to seek employ- The president of the guards’ union, Jones went to work on July 8, 2011, he never ment elsewhere and especially with other Shane Fausey, noted that lack of staffing is came home. A day later, his body was found economic opportunities many decide that a huge concern. “I’ve never seen our staff- with a note: “The job made me do it.” He working in sweltering prisons with no air ing numbers so abysmal in my [30-year] left behind a wife and son. conditioning in the summer and little heat career,” he said. “We’re down about 10,000 Janelle, Scott’s wife, sued the state, in the winter, that are sometimes decrepit positions,” he explained, “and that’s not claiming that he was harassed to death by and falling apart, understaffed and danger- including the number of new facilities that his coworkers after he threatened suicide. ous, often in remote, rural places far from have come on line.” She received $73,000, well less than the any entertainment or population centers, Fausey provided an example of 105 $100,000.00 average salary of a California may simply not be worth the low pay and officers at one prison who had to work man- prison guard risk to their physical safety and mental datory double shifts for 10 days straight. “We are just beginning to understand health. What happens if the government “All of that extra pressure and stress on a the huge range of mental and physical builds a bunch of prisons in remote areas, highly stressful profession to begin with,” health issues that can result from exposure fills them with prisoners and then can’t he said, is “a recipe for a really bad storm.” to violence and untreated toxic stress in staff them? The working conditions don’t help. the workplace,” professor Lerman said. Prisons tend to be stark places cut off from “Agencies around that country are starting Sources: abcnews.go.com, govexec.com, nypost. sunlight. And the shift into hyper-vigilance to look for ways to better support person- com, huffpost.com, news.berkeley.edu. mode when guards come to work floods the nel — for the good of their employees and body with adrenaline and stress hormones. their families, the incarcerated population, When they do get time off, guards often and the system as a whole.” rely on unhealthy coping mechanisms, like In a statement, the BOP said that it overeating or drug and alcohol abuse. offers assistance programs to its jailers, but CALIFORNIA HABEAS

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Prison Legal News 31 April 2020 What’s It Like Inside? Early Snapshots from Prisons During the Coronavirus Pandemic by Ken Silverstein

s we are putting together the predicts a Florida prisoner. “I just believe and cold bars in the dining hall, a prisoner AApril issue of PLN, the situation with it’s inevitable, and when it happens it will in Texas said. “We’re all packed in together, the novel coronavirus is changing by the spread like wildfire.” (We are not naming so I don’t know what that’s supposed to hour, if not the minute. In the United States, prisoners in this story. Some comments accomplish.” the number of cases has climbed from 213 have been lightly edited for length, clarity “They haven’t said anything about on March 8 to 173.041 on March 31 — and and anonymity.) quarantining prisoners if they show symp- that’s sure to be an undercount since testing The American carceral system holds toms of COVID-19,” he added. “We’re is barely off the ground. U.S. deaths as of over 2 million people in prisons, jails and not looking forward to it though. Inmates March 31 had risen to 3,433, according to detention centers. “They do not live under die here one or two a month already. I can’t The New York Times. quarantine,” Dr. Amanda Klonsky, a scholar imagine how things are going to be when It’s impossible to know how severe of education and mass incarceration who people start getting ill. There are a lot of the coronavirus outbreak will be, but if works with the Petey Greene Program, elderly prisoners and prisoners with other ever there was a country primed for an wrote in The New York Times on March health problems.” epidemic, the U.S. is it. We have a serious 16. “Jails experience a daily influx of cor- Another challenge: cleaning products shortage of hospital beds and ventilators. rectional staff, vendors, health care workers, to prevent the spread of the virus, a prisoner With no universal healthcare and a good educators and visitors — all of whom carry said. “They have a crew of prisoners who go chunk of the population without paid sick viral conditions at the prison back to their to each housing area and common area with leave or money to pay for treatment, it’s safe homes and communities and return the next a sprayer loaded with bleach water. They to say things will get a lot worse — even day packing the germs from back home.” spray down tables, telephones, and common with elected officials finally starting to act, Health experts have described prisons areas. They ceased doing this on Thursday some two months after the first case was as potential “incubators” for coronavirus the 12th of March. They are not spraying confirmed in the U.S. because it spreads most quickly in closed down anything with bleach anymore.” Schools, bars, restaurants, movie the- environments. And “social distancing” of 6 A prisoner in Florida said prisoners had aters and many workplaces are finally being feet – what is being uniformly called for in received a memo that said there would be shut down across the country. On March 19, the outside world — is almost impossible enhanced cleaning and wiping of surfaces. California Governor Gavin Newsom an- for prisoners. Furthermore, prison medical “However, no extra chemicals have been nounced extraordinary measures directing care, much of it provided by profit-max- issued and staff is not doing anything to all 40 million California state residents to imizing private firms, is notoriously poor carry that directive out,” the person said. “If stay at home, the first mandatory restric- and prison staff coming into facilities could we don’t do it of its our own accord, it’s not tions announced in the United States. New bring in coronavirus with them. happening. In other words, things appear York Governor Andrew Cuomo followed On March 13, the Bureau of Prisons, normal.” suit the following day, signing an executive which oversees 122 prisons, posted an “ac- The lack of communication with the order “mandating that 100% of the work- tion plan” at bop.gov, including modified outside is on many minds. Prisoners worry force must stay home, excluding essential operations; screening of staff and prisoners; about their loved ones and contact with services.” As of March 23, about one- a 30-day suspension of social visits and visitors and instructors. quarter of all Americans were effectively visits by volunteers. Legal visits would also “The BOP has decided that visitors, living under quarantine. Even President be suspended with a “case-by-case accom- volunteers, and non-essentials contractors Donald Trump, who first called coronavi- modation” on the local level. An update are not to be permitted in the institutions rus a “hoax” before declaring it a national on March 19 said prisoner transfers might for the next 30 days,” a prisoner said. “I am emergency March 13, now says it may be need to occur to “better manage” bed space housed so far from my family, that I get months before it’s under control though the and to prevent overcrowding “beyond avail- visits about once every two or three years. economy should be open by May. able resources.” So visits aren’t a big concern for me. But I Initially there were few reported cases We have heard from state and federal regularly got to see my religious volunteer, at prisons or jails but then in mid-March prisoners and family members who are and I’m enrolled in a college class which reports emerged of two dozen guards and clearly concerned.The recommendation to is taught by an outside instructor. I don’t staff being infected in California, Michigan practice “social distancing” is a hurdle. know when we’ll get to see the volunteer.” and Pennsylvania. Then on March 26, the “Guys sleep 3 feet away on either side Added a prisoner in the Southeast: Associated Press reported that 75 prisoners of me,” said a prisoner in Florida. “There is “They have ceased all volunteers from enter- and guards at Rikers Island had tested no social distancing in here, and all routines ing this place. Only staff enters, and rather positive. are normal.” than screening, they self-screen. I was told “This virus thing is concerning and Dining halls do not promote social by a guard there’s a sign that lists symptoms we await its arrival inside the fences,” distancing. “They have quit using the hot with instructions to not enter if they exhibit April 2020 32 Prison Legal News any of them. I believe it’s inevitable that we though is hearing from my friends and go to lockdown and since we live only 3 feet family what life is like outside. They were Stop Prison Profiteering: apart, a wildfire of virus will pass through already struggling for various reasons, and I here. (Thanks to God and exercise, I’m felt like I should be out there helping them. Seeking Debit Card Plaintiffs healthy) They say kitchen is prepping to do But I hear things about how grocery stores The Human Rights Defense Center is nothing but bag meals. Stay tuned.” are empty and people are scared. There are currently suing NUMI in U.S. District A volunteer teacher at a prison in thousands of BOP prisoners who are low Court in Portland, Oregon over its Vermont said the volunteer program has or minimum custody, and we could be out been shut down because of the threat of benefiting our communities. Instead, we’re release debit card practices in that coronavirus. She believes elderly prison- sitting in here like ducks, waiting for the red state. We are interested in litigating ers should be released as soon as possible, tide to come in.” other cases against NUMI and other especially those over the age of 60. “Many Advocates around the country have debit card companies, including have pre-existing health conditions, such been pressing political leaders and prison JPay, Keefe, EZ Card, Futura Card as HIV, Hep B & C, severe asthma and officials to release prisoners with health Services, Access Corrections, Release other respiratory disease, and cancers or conditions, the elderly and those facing Pay and TouchPay, that exploit pris- heart disease,” she said. “People inside are minor charges. Some releases have taken oners and arrestees in this manner. malnourished, they are often cold at night place but the process is proceeding at a If you have been charged fees to up in Vermont; there is not consistent access snail’s pace. Even after the outbreak at Rik- access your own funds on a debit to sinks and soap. I am not sure what the ers Island, only 40 prisoners had been freed card after being released from prison solution is if the state would like to keep as of March 22. or jail within the last 18 months, we them in custody. Could they put them on PLN has reported extensively on house arrest? I don’t have all the answers, medical issues in prisons and jails in the want to hear from you. but there is a serious crisis at hand and U.S. for 30 years. A constant has been Please contact Kathy Moses at kmo- people in prison deserve dignity.” detention facilities being incubators of ses@humanrightsdefensecenter. One prisoner witnessed a prison- disease and sickness. Given the historically org, or call (561) 360-2523, or write guard trainee who was “visibly sick” callous disregard by prison and jail officials, to: HRDC, SPP Debit Cards, P.O. Box – runny nose, watery eyes, coughing government and elected officials to prior 1151, Lake Worth Beach, FL 33460. and hacking. He was touring with other epidemics — HIV, HCV, Legionnaires trainees. Prisoners yelled for his removal disease, MRSA, diabetes, tuberculosis and but were told to shut up. When the group many other illnesses — there’s no reason to headed to the infirmary, a nurse took his think their performance will be any better temperature. “She made him put on a mask this time. It is important to note that the and ordered him to be removed from the people running detention facilities in the unit and told him to get to the hospital for U.S. are not medical professionals and have corona testing.” The next day, a staff mem- a dismal track record of doing anything ber was escorted off the unit after hacking, beyond caging people. The widespread coughing and having a high temperature. privatization of prison and jail healthcare “There is no telling how many people that also make it much likelier that corporate the trainee and that staffer were around bottom lines will come before the health when they were sneezing and coughing,” and safety of prisoners and staff, this person added. Please write PLN and tell us how coro- Said a prisoner in New England: “They navirus is affecting your prison. have shut this place down and we are eating separate from other units, yet we can still go to rec and the library together. Let’s see how long that lasts. No visitation for at COLLEGE DEGREES FROM PRISON Nolo’s Plain-English least 30 days, including lawyer visits, and no Earn an Associate’s, Bachelor’s, Masters, or Law Dictionary medical trips. They are still allowing people Doctoral Degree in Christian Counseling. Ordination services also available to be released to halfway houses, though.” $29.99 Tuition as Low as $12.95 per month “People are going to work here but Order from they want us to be 6 feet apart, yet we Scholarships available. To see if you qualify, are sitting on top of each other at chow,” send a self-addressed, stamped envelope Prison Legal News to P.O. Box 530212 Debary, FL 32753. a prisoner in the Southeast noted. “They POP.O. Box Box 1151 1151 Lake Worth Worth, Beach, FL 33460 FL 33460 really need to just shut things down. And INTERNATIONAL CHRISTIAN how can they have the dentist going? 561-360-2523 People breathing on each other. I am a COLLEGE & SEMINARY Add $6 shipping for orders under $50 little scared, I really am. ” ICCSCAMPUS.ORG He added: “What has me worried www.prisonlegalnews.org Prison Legal News 33 April 2020 Prosecutors Sue Firm for Selling Bureau of Prisons Adulterated Food, Spices by David M. Reutter

he Bureau of Prisons (BOP) sued pended FlavorPros from conducting that had a “best buy” date of October 2019. Ta vendor and its owner for scamming business with federal agencies. It lifted the When the label was peeled back, it “was over 80 prisons of $530,000 by selling suspension after an agreement was reached identified as a FlavorPros product with a diluted spices and food products. to assure food products were pure, but ‘best buy’ date of July 2018” and a different The suit, filed November 1, 2019, was FlavorPros failed to deliver on 15 contracts lot number. brought under the False Claims Act (FCA), and has not been awarded contracts since. The BOP sought treble damages under also known as “Lincoln’s Law,” for violations An end-around “to circumvent Flavor- the FCA and civil penalties under that law. of the Federal Food, Drug, and Cosmetic Pros’ agreement with DOJ for heightened Brach denied blame and said the dilutions Act (FDCA). The FDCA considers food compliance requirements with providing food were not her company’s fault. “I’m not to be adulterated if any substance is substi- supplies to the BOP” was alleged to follow. guilty at all,” she said. See: United States v. tuted, or any substance has been added or Enter Artisan Foods, LLC, a company FlavorPros, U.S.D.C (D. South Carolina), mixed or packed “to increase its bulk weight, registered to Brach’s son, Richard Brach. Case No. 8:19-cv-03118. or reduce its quality or strength, or make it The DOJ alleged Artisan Foods delivered appear better or of greater value than it is.” creamy Italian dressing to FMC Rochester Additional source: citypages.com BOP said part of its mission is to provide its 185,000 prisoners “healthy, nutritrionally-sound, and appetizing Prisons and Jails Are Vulnerable meals that meet the needs of the general population and those at nutritional risk. To to COVID-19 Outbreaks purchase the food necessary to create the Prison health is community health nearly 3.3 million meals per week, BOP utilizes a quarterly bid process that involves by Nicole Wetsman, The Verge each prison posting a request for quotation (RFQ). The winning vendor provides the Note: This story was originally published multiple entry points, and those that enter lowest bid. March 7. tend to spread fast. Outbreaks of the flu Charlene Brach submitted bids as regularly occur in these facilities, and during FlavorPros, LLC, and does business as his week, a person incarcerated in the H1N1 epidemic in 2009, many jails and Richards and Daniels, LLC. She underbid TKing County Jail in downtown Seattle prisons dealt with high numbers of cases. other vendors and was awarded contracts was taken to the hospital after they were “We know the coronavirus spreads in South Carolina and across the country suspected of having the new coronavirus. quickly in closed spaces, like cruise ships, to provide spices for prisoner consumption. The county says there are no cases currently nursing homes — and jails and prisons,” The RFQ and contract required the spices in the jail, but the new virus remains a huge Winkelman says. Many people who are to be “[p]ure — no additives, extenders, concern for correctional facilities, particu- incarcerated also have chronic conditions, foreign matter, or flow agents.” larly in outbreak hotspots like King County. like diabetes or HIV, which makes them “Brach stated she added up to 25% With 85 confirmed cases of COVID-19, vulnerable to severe forms of COVID-19. filler material to spices sold to BOP,” the the illness caused by the virus, the county is One way to reduce the impact of the complaint alleged. home to the largest known hotspot of cases virus on jails and prisons, Winkelman says, She did not “rely on a formula for de- of the new coronavirus in the United States. is to avoid holding people for low-level of- termining the amount of filler to use, but It’s only a matter of time before the fenses. In Iran, officials temporarily released adds filler and flow agents based on her eyes novel coronavirus enters a U.S. jail or pris- tens of thousands of people determined to and experience.” A May 4, 2017, invoice ons, says Tyler Winkelman, co-director of not be a risk to the public from prisons in an showed FlavorPros billed FCI Edgefield the Health, Homelessness, and Criminal effort to stop the spread of the virus. People $2,856 for basil, black pepper, chili powder, Justice Lab at the Hennepin Healthcare who aren’t a risk to public safety shouldn’t ginger, oregano, garlic powder, thyme, and Research Institute in Minneapolis. “All be held in a jail just because they’re not able cinnamon. prisons and jails should anticipate that the to pay a bond, he says. “We are increasing The DOJ conducted testing and deter- coronavirus will enter their facility, and they their health risk by keeping them,” he says. mined the cinnamon contained an average need to have plans for monitoring and treat- “This is a time to make sure we have as few of 66% additives, the garlic powder averaged ing anyone who has symptoms,” he says. people at risk as possible.” 64% additives, and the black pepper averaged People regularly cycle in and out of In Sonoma County, California, the jail additives of 57%. Dextrin, maltodextrin, jails and prisons, people who work in them is screening people at booking for symp- starch, and flour were the key additives. leave and return daily, and visitors regularly toms and asking them about their travel Based on those findings, DOJ sus- stream through. Viruses of all kinds have history and contact with people who may be April 2020 34 Prison Legal News sick. Those types of screenings are critical, wrote. Many facilities struggled to do so not meet during outbreaks, people might Winkelman says. “It is essential that cor- during the outbreaks of H1N1, he said, be held for longer than necessary. It might rectional staff are working with officials to because jails typically house people based be challenging for people on probation to make sure no one ill is entering a facility.” on the level of security they need — not meet with supervisors or fulfill community Some jails and prisons in the US may their health status. supervision requirements if there are restric- be prepared to screen, monitor, and treat Standard public health interventions, tions on movement in an area. “It may also people suspected of having COVID-19. like flu shots, are even more important mean that there would be less programing But others are far from equipped to handle during disease outbreaks — if fewer people and movement within a facility. Likely, at it. Health care centers in correctional facili- get the flu, they can stay out of health care some point, visiting would be shut down,” ties are often substandard and understaffed, facilities and leave more resources available Winkelman says. “That can increase isolation which may mean people held in them aren’t for those who really need it. “We don’t want and anxiety during a period of incarceration.” monitored regularly enough. “Symptoms there to be outbreaks of multiple illnesses Vulnerable communities like people need to be addressed quickly, not once a at once,” Winkelman says. Many jails and held in prisons and jails are often most week or twice a week,” Winkelman says. prisons, though, don’t regularly provide flu at risk during public health emergencies Isolating people suspected of having the shots. Over half of US jails did not receive — they have fewer protections from an virus could also be a challenge in some H1N1 vaccines when they became available. outbreak, and may face more significant facilities — the Hennepin County jail has Under 10 percent of people in Maine cor- fallout from any disruptions in daily life. four isolation rooms and set up some spaces rectional facilities received flu shots in 2011, But protecting communities from infec- for quarantines, but other places might not which contributed to outbreaks. tious diseases means protecting everyone, have the same capabilities, he says. People in jails and prisons also may not including those who aren’t as able to protect Homer Venters, former chief medical be able to regularly wash their hands, which themselves. “Jail and prison health care officer of the New York City jail system, may promote the spread of disease. Hand is public health. It’s community health,” wrote in The Hill that jails and prisons need sanitizer, which contains alcohol, is usually Winkelman says. to prepare now. “[They] need to have a plan considered contraband. in place to identify and house together COVID-19 outbreaks in and around This article was originally published by The people with suspected and diagnosed CO- jails and prisons don’t just have health im- Verge (theverge.org) on March 7, 2020; re- VID-19 and those who are at high risk of pacts for people within the justice system. If printed with permission. Copyright, 2020 serious illness if they become infected,” he public health officials recommend that courts Vox Media, Inc.

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Prison Legal News 35 April 2020 $1.25 Million Corizon Settlement in Mentally Ill Michigan Prisoner’s Dehydration Death by David M. Reutter

he Michigan Department of Cor- the combination of psychotropic drugs. October 12, 2017, due to complications Trections and its medical vendor, Corizon Around 4 p.m. on June 22, one of the from her treatment in MDOC. Health, agreed in October 2019 to pay untrained prisoners assigned to provide Her estate, which was represented $1.25 million to settle a lawsuit involving one-on-one supervision of Martin reported by Fieger, Fieger, Kenney & Harrington the death of a mentally ill prisoner who died to guards that Martin “not moving or re- Law, agreed to a $1.25 million settlement, of dehydration after guards turned off the sponding, and that the aide could not see which the court approved on October 3, water in her confinement cell. or hear [Martin] breathing.” 2019. The law firm received $87,877.42 Darlene Martin, 66, was sent to prison Guards delayed providing CPR, but in costs and $387,374.19 in attorney fees. for retail fraud. She was placed in the Martin was revived. After transport to a Martin’s son Robert received $707,161.35 Women’s Huron Valley Correctional Facil- hospital, “she was diagnosed with hypoxic and her two sisters each received $20,000. ity (WHV) in December 2013. Beginning respiratory failure, severe dehydration, (she Prisoners routinely die of dehydration in in June 2014, she began complaining other had a water deficit of eleven liters), liver fail- the MDOC as PLN regularly reports. See: prisoners were harassing her and wanting ure, and renal failure.” She suffered “severe Martin v. Michigan Department of Cor- to perform oral sex on her. anoxic brain injury and associated compli- rections, U.S.D.C. (E.D. Mich.), Case no. Shortly afterward, she began exhibit- cations around the clock.” Martin died on 2:17-cv-11845. ing signs of mental illness. On June 10, 2014, she was placed in solitary con- finement “as punishment for exhibiting Another Settlement in Sexual Assault Case signs of mental illness, specifically curs- ing and yelling,” the complaint alleged. at Pennsylvania Lackawanna County Prison Between June 10 and June 22, Mar- by David M. Reutter tin was “hog tied while naked, subjected to excessive force, deprived of food and ennsylvanian’s Lackawanna County of sexual assault and groping by guards water, forced to stand, sit, and lay in, Ppaid $1.1 million to settle yet another upon prisoners. It alleges the misconduct while naked, her own feces and/or urine” lawsuit alleging several Lackawanna Coun- occurred from 1998 to 2015. The allega- by guards or while observed by them. ty Prison (LCP) guards sexually assaulted tions include claims that the prisoners MDOC records reflect that Martin female prisoners. That brings the total for were given extra privileges such as food, was at risk of heat-related illness and that lawsuits the county has agreed to settle over cigarettes, and candy in exchange for expos- she was unable to comply with her mental the last three years to $2.4 million, most of ing themselves or providing sexual favors health treatment plan, causing medical of- which was paid by its insurance company. to guards. In some instances, the prisoners ficials to administer psychotropic drugs via PLN has reported on the sexual assault were threatened with the loss of recreation injection. scandal and the previous settlements. In or shower privileges if they refused the Martin’s continued erratic and disrup- those cases, two settlements of $750,000 sexual overtures. tive behavior upset guards, especially her act and $500,000 were reached in 2016. They Some prisoners on work release were of spilling toilet water on her blanket. The alleged that guard Joseph Black sexually as- given alcoholic beverages and taken to latter caused guards to turn the water off saulted two women while held at LCP. He places to have sex. The sexual favors did not in her cell. Martin quit eating and drink- pleaded guilty in 2015 to indecent exposure always end upon released.The complaint ing, but on several occasions said she was and other offenses and was sentenced to alleges that guards would threaten to have “thirsty.” Yet, she was not provided even a 45 months to eight years in state prison. former prisoners on supervision violated cup of cup of water for fear she would spill A $60,000 settlement was reached in June and returned to jail if they did not consent it on the floor. 2018 related to former guard Jeffrey T. Staff to sex with the “stalking” guard. Martin, on the evening of June 21, sexually assaulting a prisoner. [See PLN, Former LCP guards Mark A. Johnson, 2014, “was observed desperately trying to December 2018, p. 26.] John Schnipes, and James J. Walsh are suck/drink water from the disconnected The latest settlement was reached in awaiting trial on criminal charges related sink in her cell.” The complaint alleged early June 2019 is a global deal covering to sexually assaulting female prisoners. PLN she was on a combination of Zyprexa and two lawsuits based on the claims of three will report on this as developments in this Ativan, which “is not recommended and is women, who were represented by attorney flagrant human rights scandal continue to associated with excessive sedation, severe Matthew Comerford. The complaint filed unfold. See: Fox v. Lackawanna County, hypotension, and even death.” by Fox and Thompkins also includes the U.S.D.C. (M.D. Pa.), Case no. 3:16-cv- For over a week, no one took Martin’s vital unsettled claims of former LCP prisoners 1511. signs, even at times when she was lying naked Allison Demy and Joanne Perri. face down on her bed as they injected her with That complaint details an open culture Additional source: The Times-Tribune April 2020 36 Prison Legal News Introducing the latest in the Citebook Series from Prison Legal News Publishing The Habeas Citebook: Prosecutorial Misconduct By Alissa Hull Edited by Richard Resch

The Habeas Citebook: Prosecutorial Misconduct is part of the series of books by Prison Legal News Publishing designed to help pro se prisoner litigants and their attorneys identify, raise and litigate viable claims for potential habeas corpus relief. This easy-to-use book is an essential resource for anyone with a potential claim based upon prosecutorial misconduct. It provides citations to over 1,700 helpful and instructive cases on the topic from the federal courts, all 50 states, and Washington, D.C. It’ll save litigants hundreds of hours of research in identifying relevant issues, targeting potentially successful strategies to challenge their conviction, and locating supporting case law.

The Habeas Citebook: Prosecutorial Misconduct is an excellent resource for anyone seriously interested in making a claim of prosecutorial misconduct to their conviction. The book explains complex procedural and substantive issues concerning prosecutorial misconduct in a way that will enable you to identify and argue potentially meritorious claims. The deck is already stacked against prisoners who represent themselves in habeas. This book will help you level the playing field in your quest for justice. —Brandon Sample, Esq., Federal criminal defense lawyer, author, and criminal justice reform activist

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Prison Legal News PO Box 1151 • Lake Worth Beach, FL 33460 Dedicated to Protecting Human Rights Tel 561-360-2523 • www.prisonlegalnews.org Prison Legal News 37 April 2020 As Coronavirus Spreads, New York Governor Exploits Prison Labor to Produce Hand Sanitizer by Michael Fortino, Ph.D.

n March 9, with fears of corona- er, top attorneys for the New York-based that source without putting out a contract Ovirus spreading, Governor Andrew Legal Aid Society, said, “This is nothing less for bid. New York Assemblyman Nick Perry Cuomo of New York held a press confer- than slave labor and it must end.” called the prison labor system a “last vestige ence to announce the debut of a new hand CorCraft currently generates tens of of slavery.” sanitizer called NYS Clean. It will be pro- millions of dollars in sales and is a “preferred duced by state prisoners paid approximately source” in New York. That means that any Sources: nbcnewyork.com, usatoday.com, 16 cents per hour through CorCraft Prod- state agency may purchase products from timestelegram.com ucts, a division of Correctional Industries. The prison-based manufacturer uses prison labor to produce myriad products — Ninth Circuit Reverses Suit Over Fees mattresses, pillows, textiles, glass cleaners, floor cleaners, degreasers, laundry deter- Charged Prepaid Debit Cards Given gents and other consumer and industrial To Released Prisoners products. Cuomo described NYS Clean’s fragrance to be “like a floral bouquet” as he by Bob Williams pulled back a curtain at the press confer- ence to reveal plastic bottles filled with the n March 16, 2020, the Ninth egon against Numi and its partner, Central new product. OCircuit reversed and remanded a lower National Bank and Trust Company, alleg- “New York can make a one-gallon court decision dismissing a suit brought by ing violations of the (1) Electronic Funds bottle for $6.10 and a seven-ounce bottle a released prisoner over the fees charged Transfers Act (EFTA); (2) Oregon Unfair for $1.12 which is much cheaper than the to use the release funds placed on a debit Trade Practices Act; (3) Fifth Amendment open market,” Cuomo said during the card. The Human Rights Defense Center Takings Clause; and (4) conversion and product launch. represented the plaintiff in this case. unjust enrichment under Oregon state law. Projections released during the press Danica Brown was arrested in Port- In the legal wrangling that ensued, Brown conference suggested that prisoners could land, Oregon on November 25, 2014, for filed two amended complaints with leave to generate about 100,000 gallons of the participating in a public protest. She was file a third denied. Ultimately, the District product per day. The announcement was carrying $30.97 in cash at the time. She was Court dismissed the EFTA claim for failure made in the wake of shortages of hand released about seven hours later, with the to state a claim, denied her leave to reinstate sanitizers and price-gouging scams. One charges eventually dropped. Instead of re- the claim, and granted summary judgment online seller advertised a 12-ounce bottle leasing her cash back to her, the Multnomah on the takings and state law claims. of hand sanitizer for $704. County Jail gave her a Numi Financial On appeal, the Ninth Circuit reviewed Critics questioned whether New York prepaid debit card with a $30.97 balance. the failure to state a claim de novo and was exploiting prisoners in a similar man- On the Numi website, Brown discov- held that Section 1693l-1 of the EFTA ner. “There is price gouging happening ered that to get her funds she could make prohibits charging service fees for general across the state in a public-health crisis, so a transfer to her bank but declined to do use prepaid cards used within the last 12 I applauded the governor for acting very so, not wanting to release her bank account months. Rejecting Numi’s claim that these quickly,” said state Senator Zellnor Myrie information. She also discovered a monthly cards are not marketed to the general public of Brooklyn, “but I am incredibly concerned fee of $5.95 but assumed it would apply and therefore are exempt from the EFTA, that we’re using a company that pays its only after 30 days. On December 1, 2014, the Court found that upon Brown’s release workers sweat-shop wages.” Brown attempted a $15 purchase with the she was a member of the general public, Corrections Industries reported that it Numi card but was declined for insufficient thus invoking the EFTA, and that Numi pays its inmate labor between 16 cents and funds. Earlier that day, Numi had deducted indirectly marketed the card to her through 65 cents per hour, with the possibility of a the $5.95 monthly service fee, leaving her Multnomah County Jail, which gave her no bonus of up to $1.30 based on productivity. short of the $15. Worse, they then deducted choice in using the card. Prison reform advocates in New York another $0.95 for the declined charge. Reviewing for abuse of discretion, criticize the state, noting that hourly wages On January 1, 2015, Numi deducted the the Court found that Brown should have have not risen since the Governor’s father, remaining $0.07 in partial payment of the been allowed to reinstate her EFTA claims Mario Cuomo, held office in the early monthly service fee. In total, Brown paid under sections 1693i and 1693l-1 in her 1990s. “If you are asking the incarcerated $6.97 to use the $30.97 returned from her third amended complaint. New informa- to save the public from this health crisis, arrest (a 22.5% total fee). tion that would have been included in this give them the dignity of paying a fair wage,” Brown filed a complaint in the United amended complaint was evidence that Myrie said. Tina Luongo and Adrien Hold- States District Court for the District of Or- Numi displayed “large, color posters” in April 2020 38 Prison Legal News each facility “extoll[ing] the benefits” of Law Center, Texas Civil Rights Project, tion Law Clinic. Source: Danica Brown v. the card as a way for released inmates to Working Narratives, and University Of Stored Value Cards, Inc., 18-35735 (9th Cir. access their funds “immediately.” Because California Davis School of Law Immigra- 2020). this demonstrates marketing, the Court rejected Numi’s assertion that Brown’s new EFTA claim failed as a matter of law and Funding and Leadership Failures Result in held the lower court abused its discretion when issuing a blanket denial. Less Criminal Justice Data Finally, reviewing de novo, the Court by Anthony W. Accurso rejected Numi’s claim that the cards are the functional equivalent of cash or check and everal late or missing reports from made available. thus there was no per se taking and reversed Sthe Bureau of Justice Statistics (BJS) Unfortunately, we’re unlikely to see the summary judgment. The Court held highlights a trend toward less reporting and any movement on this front until a new that the cards are not equivalent to cash accountability by the federal government. president takes office. President Trump -ap or checks “because the value of the cards The Crime and Justice Research Alli- pointed Jeffrey Anderson to lead the BJS in quickly and permanently deteriorates.” The ance, a nonprofit group that advocates for late 2017. Anderson’s only prior statistical lower court held that associated fees or hav- more funding for and access to criminal jus- experience was his co-creation in 1992 of ing to go to a bank to get the cash were de tice data, sent a letter on October 18, 2019 a company that tracked football statistics. minimis. The Court noted that the ticking to the Department of Justice expressing Also distressing is a shift in language used clock makes all the difference as the value of concern about the federal government’s fail- by the BJS since his arrival, which reflects Brown’s funds began to deteriorate within ure to post research data critical to assessing the administration’s priorities of empha- five days, while cash in her wallet would not trends in crime, policing and prisons. sizing punitive views on juvenile justice have so deteriorated. This data is critical for nonprofits and issues and minimizing racial disparities in Prison Legal News and the Human legislators when proposing policy initia- policing. Rights Defense Center want to hear from tives based on trends and issues arising in Modern, bipartisan approaches to anyone who has been in similar circum- a criminal justice context. criminal justice reform have centered on stances and received a prepaid debit card “How can lawmakers and policy a “smart on crime” approach. Such an ap- upon release and was charged any associ- experts engineer legislation to address a proach relies on good data to make better, ated fees. problem across several distinct political and more informed decisions. It’s difficult to The Human Right Defense Center and bureaucratic regimes if they have no idea know how we can do better when we’re Public Justice represented Brown on appeal, what they’re dealing with in the first place?” deprived of data critical to making those including Karla Gilbride (argued), Public asked Pacific Standard magazine. decisions. Justice, P.C., Washington, D.C. Several important data sets have yet to An amicus briefs was filed by Hassan be released or were significantly delayed. Sources: psmag.com, prisonpolicy.org, crime- Zavareei, Anna C. Haac, and Tanya S. These include the Survey of Prison Inmates, andjusticeresearchalliance.org Koshy, Tycko & Zavareei LLP, Washing- the BJS Background Checks for Firearms ton, D.C., for Amici Curiae: International Transfers Report Series, and the Deaths in CURE, Equal Justice Under Law, The Custody Reporting Program (DCRP). The Florida Institutional Legal Service Project DCRP data is especially important since The LITT Group, LLC of Florida Legal Service, The Legal Aid its data includes information on suicides Executive Clemency and Pardon Experts Society, National Police Accountabil- of people in custody, a number that was ity Project, Public Counsel, San Francisco increasing at an alarming rate in 2014 — Sentence reduction and other sentence modification through Public Defender’s Office, Southern Poverty the last year for which this data has been executive clemency or a pardon. Please contact our offices or have a family member contact our offices: ARE YOU IN PRISON? The LITT Group, LLC KSK Has been helping in- PO Box 358 mates pass their time since MENTION THIS AD Nellysford, VA 22958 FOR 5 (FIVE) FREE www.LITTfreedom.com 2012. We have the best pho- SAMPLE PHOTOS [email protected] tos at the best prices, Send us WITH YOUR SASE!!! 917-940-8055 a SASE for a FREE CATALOG! 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Prison Legal News 39 April 2020 Virginia Governor Suspends Policy After Eight-Year-Old Strip Searched During Prison Visit by Bill Barton

n December 6, 2109, Governor legal guardian, but they informed her that search, according to her mother. The 8-year- ORalph Northam suspended a Virginia she had to sign the consent form anyway. old already suffered from bipolar disorder, Department of Corrections (DOC) policy The child asked Peerman what being depression and ADHD. “She’s a minor, that authorized strip searches of minors. strip searched meant and Peerman said, “I she’s a girl. She was traumatized,” said her An 8-year-old girl had been subjected told her, that means you have to take all mother. “She gets emotional, she will break to a strip search November 24, 2019, at of your clothes off or you’re not going to down.” Buckingham Correctional Center (BCC) be able to see your dad. That’s when she Regarding Northam’s ruling, Peerman in Dillwyn, before authorities allowed the started crying.” called it a good first step, “It feels good that child to visit her father. Two female guards took Peerman they did it but [the strip search] shouldn’t “I am deeply disturbed by these reports and the child to a bathroom. First, Peer- have been done anyway. There’s no reason — not just as governor but as a pediatrician man was strip searched and told to bend for them to strip search a child.” and a dad,” Northam told a local newspa- over and cough; then, after also being The child’s mother suggested she may per. “I’ve directed the Secretary of Public strip searched and told to bend over and file a lawsuit. “The system is really crazy,” Safety and Homeland Security to suspend cough, the child was slowly handed back she said. “The policy was broken before they this policy while the department conducts her clothes piece by piece, and one of the made her go through a strip search.” an immediate investigation and review of guards asker her, “How old are you, sweet- “Her and her dad have a good rela- their procedures.” heart?” Peerman said, “I just looked at her tionship ... because she gets to go see him Even under then-existing rules, it ap- and I’m like, ‘That’s not even appropriate every weekend,” she added. “But at the pears that the incident in question was not to be asking her right now. Why would same time, she went through something allowable. you ask that when she’s naked?’” that traumatized her. I’m not sending DOC Director of Communications No contraband was discovered on her back there.” Sadly the strip searches Lisa Kinney wrote, “It is deeply troubling either Peerman or the child, nor during a of children in prisons and jails are all too and represents a breach of our protocol. search of Peerman’s car. They were eventu- common around the U.S. and reflect the We sincerely apologize to this child and ally allowed to visit the girl’s father but only dehumanizing nature of the U.S. police her family and will be taking immediate with glass separating them; no contact visit state. disciplinary action against the person re- was allowed. sponsible. Our procedure states that only The child was haunted by the strip Source: pilotonline.com a parent or legal guardian can approve the strip search of a minor; in this case, the adult visitor who signed the consent for The Ongoing Push to End Outrageous the minor to be strip searched wasn’t the minor’s parent or legal guardian. The staff Prison Phone Charges member who authorized the search of the by Anthony W. Accurso minor following a K-9 alert didn’t have the authority to do so. We take this matter roups in several states are to be aware of the $1.75 billion industry very seriously and as mentioned above will Gdrawing increased attention to the that gouges consumers by providing phone be taking immediate disciplinary action high cost of jail and prison phone rates, services to prisoners. against the person responsible.” and pushing to reduce or eliminate such There are few providers for inmate Diamond Peerman, the girlfriend of charges. HRDC, the publisher of PLN, has calling systems, though the two largest pro- the 8-year-old’s incarcerated father, had been a leader in this movement since 1992 viders, Securus and Global Tel*Link, form a accompanied the child on the two-and- and founded the Prison Phone Justice virtual duopoly in the market. Securus has a-half-hour road trip from Hampton to Campaign in 2012 to end the financial contracts with about 3,400 prisons and jails the BCC. exploitation of prisoners and their fami- in the United States, and Global Tel Link At the beginning of the visitation at- lies. It has achieved significant reductions has over 2,400, according to a December tempt, after the K-9 alert, Peerman asked in the cost of prison and jail phone calls. 31, 2019 story from NBC News. whether the child would be subjected to But much more is still needed. PLN has These companies “negotiate” contracts a strip search as well as herself. She said reported extensively on this issue over the with jails and prisons, though smaller facili- prison guards initially said no, but after past 28 years. ties often have little room for negotiating. talking with a captain, that decision was Unless someone has been through the This results in widely varying rates. rescinded. criminal justice system themselves, or tried In Utah alone, 24 counties operate a Peerman told the DOC captain and to stay in contact with a family member or jail facility, and each charges a different other guards that she was not the child’s friend in jail or prison, they are unlikely rate. For a 15-minute local phone call, the April 2020 40 Prison Legal News cheapest county is Box Elder at $1.56. The The D.C. Circuit then duly struck them cars to shotguns and Tasers. most expensive is Millard County at an eye- down. See: Global Tel*Link v. FCC, 866 Peter Wagner of the Prison Policy popping $11.46. “People don’t call home,” F.3d 397 (DC Cir. 2017). Initiative calls these fees a “regressive said Casey Cormani, a Utah state prisoner In the meantime, groups have been tax structure” that charges the poorest housed in Millard County as part of Utah’s working at the local and state level to residences for county services. “Sometimes program to reduce prison overcrowding. change this system, which takes advantage the money is used for good purposes,” said “It’s just too expensive. I feel like this is of a largely poor, “captive market.” Worth Wagner. “But if so, there should be other separating families rather than keeping Rises, a prison reform group, was successful ways to pay for that.” inmates closer to their families.” with its efforts in New York City, and now According to Hodgson, there is a much In 2014, under pressure from HRDC all outbound calls from the city’s jail on easier solution than reform. “Here’s a simple and the Prison Phone Justice Campaign, Rikers Island are free of charge. alternative: Don’t come here. Stay out of the Federal Communications Commission Groups advocating for similar changes jail and leave people in your neighborhood (FCC) capped interstate rates at 21 cents have formed in more than a dozen other alone,” said Hodgson. This is the kind of per minute. The FCC cited statistics that states, but they face another challenge: local attitude that reform groups must work to said prisoners who maintain contact with sheriffs. When county jails contract with change if they are to succeed in their push family and friends are less likely to commit companies like Securus, they receive kick- for a just and equitable system. new crimes after their release. More contact backs based on the total revenue from calls. HRDC executive director Paul Wright between prisoners and the outside world Responding to a proposal in Massachusetts argues that prison and jail officials need to also reduces disciplinary problems, making to reform this system, Bristol County Sher- stop seeing prisoners and their families as such environments safer for prisoners and iff Thomas Hodgson said it would deprive money making centers to be monetized prison staff alike. HRDC’s comments were his jail of $750,000 per year in revenue. and financially exploited. If they want more cited dozens of times in the FCC order. While some jails claim to earmark this money to keep caging people they need to But the FCC stopped short of money for rehabilitation programs, it is raise taxes on everyone to pay for it. regulating intra-state calls from jails and often used for general maintenance. Even if prisons, and all efforts to reintroduce true, it is unfair for rehabilitation efforts to Sources: commonwealthmagazine.org, wxx- such measures at the federal level have be borne on the backs of prisoners’ families. inews.org, sltrib.com, democratandchronicle. been blocked by FCC Chairman Ajit Pai, Much more common are jails using phone com, desmoinesregister.com, politifact.com, who was appointed by President Trump kickbacks to pay for everything from squad NBC News. in 2017 and who has long opposed such regulations. The prison telecoms filed suit to roll back the modest FCC caps on intrastate rates and two days before Disciplinary Self-Help Litigation Manual, oral arguments, Pai instructed FCC Second Edition, by Dan Manville lawyers not to defend the rates. HRDC intervened in the case to defend the order. By the co-author of the Prisoners’ Self- Help Litigation Manual, this book provides detailed information about prisoners’ CORONAVIRUS PANDEMIC rights in disciplinary hearings and how to Are you: enforce those rights in court. • Over the age of 50? Now available from Prison Legal News Publishing. • Have heart disease? $49.95, shipping included • Lung problems? • Diabetes? Order by mail, phone or on-line. • Other immune system issues? By: p check p credit card p money order If so, you may be HIGH RISK Name and qualify for EARLY RELEASE. DOC/BOP Number Contact us to see how we can help. Institution/Agency Motions starting at $3,500.00. Address PINIX & DONOVAN, LLC 1200 E. Capitol Dr., Milwaukee, WI 53211 City State Zip 414-426-5509 Prison Legal News • PO Box 1151, Lake Worth Beach, FL 33460 [email protected] Tel. 561-360-2523 • www.prisonlegalnews.org

Prison Legal News 41 April 2020 Washington State Pays $500,000 to Family of Man Who Died by Suicide by Chad Marks

he family of Morgan Bluehorse, Healthcare officials failed to document his in suicides within the Washington DOC. Twho committed suicide in solitary history of mental illness and risk of suicide, Bluehorse’s family were the only ones who confinement at the age of 29, will receive denying him much-needed psychotropic sued. Like Bluehorse, 19-year-old Chance $500,000 from the Washington state De- medications, and did not do what was nec- Kidder hanged himself from a sprinkler cage. partment of Corrections, in a settlement essary to ensure he would not harm himself, After the spike in suicides in 2014-15, reached November 13. said the lawsuit. the DOC hired an outside consultant and Bluehorse was a 29-year-old man Bluehorse told staff that other pris- made a series of changes based on the con- when he found himself in an isolation cell oners told him that a group of Native sultant’s recommendations. From 2016-18, at Airway Heights Corrections Center in Americans would assault him if they ran six more prisoners died by suicide. spring 2014. into him. This prompted prison guards to Bluehorse had written that the DOC Bluehorse went to prison at the age of place him in the solitary confinement cell. did not care about him. In the end, the 18 in 2004 for a string of burglaries. He was But prison staff circled back shortly after, Department decided to pay out $500,000 sentenced to a term of 15 years. Bluehorse informing Bluehorse that he was returning to his family rather than challenge that had been dealing with mental health issues to the general population. This is when he claim in court. The estate was represented all of his life. “In prison, he was diagnosed penned a small note, writing, “DOC does by attorney Ryan Dreveskracht. See: with bipolar disorder, Post-Traumatic Stress not seem to care about my safety. So my Velasco-Rodas v. State of Washington DOC, Disorder, severe depression, and other only option I feel is to subtract myself from Spokane County Superior Court, Case No. mental illnesses.” the equation.” Bluehorse “took his own life 17-2-02543-1. Bluehorse spent most of his time in instead of going through more abuse,” at- prison locked in a cell by himself. The De- torneys for the family wrote. Additional source: kuow.org partment of Corrections (DOC) chalked Morgan Bluehorse was part of a spike this up to keeping Bluehorse safe from being harmed by others as there was fear that he could be subjected to physical and Former Prisoners Succeeding sexual assault. Despite the fact that there was a history in Hospitality Industry of mental health issues coupled with serious by Ed Lyon attempts of self-harm, staff at the Airway Heights prison put Bluehorse in a solitary egarding employment for newly an average of nine men per class. Of the confinement cell shortly after he arrived at Rreleased prisoners, two stereotypical five successfully completed classes, 29 the prison. The next day, he was hanging jobs often come to mind, washing dishes men were released. Twelve got jobs at from the sprinkler protection cage with a and bussing tables at diners or restau- well-known establishments like Oakland’s sheet tied to this neck. May, 29, 2014, was rants. While those jobs are certainly still Homeroom and the Smoke Berkely bar- Bluehorse’s last day in prison; sadly it was available, more and more prisoners are becue restaurant. also his last day on Earth. taking advantage of hospitality educa- The programs continues under the The family of Bluehorse sued alleging tion and training to become cooks and tutelage of local Marin County chef Huw wrongful death in conjunction with a de- chefs, filling an increasing demand in Thornton and his assistant Adelaar Rogers. liberate indifference to Bluehorse’s serious eateries across the United States and in Graduates receive a Food Handler medical conditions. The lawsuit alleged that Great Britain. Certificate from the Marin County Depart- the defendant knew of his serious mental As is so often the case, California ment of Health. health conditions from the time he was a is leading the way in this area with San Los Angeles, Californian Francisco young child until his death and also his Quentin prison’s Quentin Cooks (QC). A “Frank” Mendoza began his sojourn into heightened risk of suicide. culinary training program begun in 2016, food service in 2010 after his release from For example, in 2012 a prison mental QC was founded by restaurant chefs Lisa state prison. Mendoza learned the ins and health care worker was told by Bluehorse Dombroski and Helaine Helnitzer. QC’s outs of sushi from his nephew who holds that voices were telling him he was “worth- aim is to impart basic to advanced cooking the title of suchero, or sushi master. Together less and I shouldn’t be living.” He reported skills that are required in order to work in a they purchased a used hot dog cart through that his problems escalated when he was in commercial kitchen to prisoners. Teamwork a Craigslist ad, repurposing it into a sushi a segregation cell. “I can’t handle these cells and understanding of interaction with co- cart. During the past nine years, he has alone,” Bluehorse told staff. workers from diverse backgrounds also are opened and now owns three restaurants From 2012 until his death, Bluehorse part of the training. called Sushi Loco — and gainfully employs was transferred from prison to prison. The course lasts for 12 weeks with 120 citizens. April 2020 42 Prison Legal News On the nation’s East Coast, former serve, clear tables and wash dishes, learning Clink group releasees. The Clink project has federal prisoner Candido Ortiz opened all of the aspects of commercial food service expanded to encompass four more prisons his El Sabor del Cafe in Jersey City, New businesses. at present. Jersey, on December 17, 2019. During his Located at the Northeastern Correc- Back home, the U.S. Department time in prison, Ortiz became interested in tional Center in Concord, Massachusetts, of Labor has granted $4.5 million to the food service. Working his way up the ladder, the program is run by former restaurant National Restaurant Association Educa- he earned competency certificates in several owner and current instructor Eddie Jacobs. tional Foundation (NRAEF). With that culinary arts areas and became the prison’s Vegetables and herbs used to prepare meals grant, the NRAEF expects to implement a head cook with 20 assistants preparing are grown at the pre-release minimum secu- program called Hospitality Opportunities meals for a population of 2,500 men. He rity prison. Many former program graduates for People (re)Entering Society (HOPES). was released in 2016 with other prisoners have moved on to lucrative hospitality NRAEF hopes to roll out HOPES over a serving disproportionately long sentences positions, with one of them hosting a Food three-year period in Boston, Massachusetts; for relatively minor drug offenses by order Network show. Chicago, Illinois, and Hampton Roads and of President Obama. Across the Atlantic Ocean in Great Richmond, Virginia. His stepping stone to restaurant own- Britain is a unique restaurant chain. It is NRAEF envisions training prison releas- ership was his successful completion of New appropriately called The Clink with its four ees in much the same way as the programs Jersey’s Reentry Corporation Program. eating establishments located in the Brix- discussed above do with near-guaranteed job Not too far from Ortiz’s cafe is the Fife ton, Cardiff, High Down and Styal prison placement in the four initial locations, eventu- and Drum Restaurant. It is a tiny luncheon- units. A prospective patron must first be ally expanding across the nation. ette consisting of only 12 tables and is open vetted by a security background check and NRAEF Vice President of Commu- from 11:30 a.m. to 12:45 p.m. The price for not mind dining with plastic cutlery and nications Gordon Lambourne stated that a meal is a beyond-reasonable $3.21 with the absence of any alcoholic beverage. The America’s restaurant industry has “one rave reviews for the taste and quality of the prisoner participants earn City and Guild million unfilled jobs.” With 2.5 million fare being the norm. The only catch is that vocation qualification certificates, opening prisoners, America has plenty of people to you have to go to prison to eat there. the door to a workforce as shorthanded as fill them. This particular establishment has been its counterpart is in the U.S. Recidivism in operation for 22 years and is staffed ex- rates that vary between 37 percent and 62 Sources: abc7.com, bbc.com, bostonglobe.com, clusively by state prisoners who cook, bake, percent are down to 15 percent among The latimes.com, newjersey.news12.com Is someone skimming money or otherwise charging you and your loved ones high fees to deposit money into your account? Prison Legal News (PLN) is collecting information about the ways that family members of incarcerated people get cheated by the high cost of sending money to fund inmate accounts. Please write to PLN, and have your people on the outside contact us as well, to let us know specific details about the way that the system is ripping them off, including:

• Fees to deposit money on prisoners’ accounts or delays in receiving Friends and families of prisoners can follow this effort, which no-fee money orders is part of the Nation Inside network, at www.StopPrisonProfiteers.org • Costly fees to use pre-paid debit cards upon release from custody • Fees charged to submit payment for parole supervision, etc. Please direct all related correspondence to [email protected]@humanrightsdefensecenter. org This effort is part of the Human Rights Defense Center’sStop Prison Call (561) 360-2523, or send mail to PLN Profiteering campaign, aimed at exposing business practices that Prison Legal News result in money being diverted away from the friends and family Attn: KathyPanagioti Moses Tsolkas PO BoxBox 1151 members of prisoners. Lake WorthWorth, Beach, Florida FL 33460 33460

Prison Legal News 43 April 2020 California’s New “Progressive” Governor Seeks to Halt Parole for Some Murderers and “Serious” Offenders by Bill Barton

hen convicted Newport Beach months in office, however, he made over ness of their crime. Wsex offender Trenton Veches won four times Brown’s number of requests in Over the next four years, paroles for parole in mid-March 2019, it was granted a comparable period, and at that rate will “lifers” more than tripled, from 8 percent of despite opposition by California Gov. likely match — or even exceed — Brown’s applicants to 30 percent. But the additional Gavin Newsom, who has otherwise dis- peak year for murder case reversals. burden all of these factors have placed on played a progressive criminal justice reform Each year, California holds between parole boards has created “an incredible position, including his controversial death 4,000 and 5,300 parole hearings, accord- backlog and bottleneck,” Romano said. penalty moratorium announced in March. ing to a recent legislative report. In 2020, Yet as explained by Jack Pitney, a pro- But since taking office in January 2019, the that is expected to jump to 7,200 and rise fessor of politics at Claremont McKenna governor has attempted to stop at least 33 again to 8,300 next year. Changes brought College, the chance a parolee commits a parole cases wherein a “serious offender” has by Proposition 57 alone could add up to serious crime is “the thing that keeps gov- been granted release, according to docu- 4,000 new hearings, according to Michael ernors awake at night.” ments provided by the governor’s office. Romano, head of the Three Strikes Project “After the death penalty reprieves, “Parole hearings usually take place in at Stanford Law School. (Newsom) is very sensitive to that risk front of a two-person panel,” explained Approved by voters in 2016, Proposi- and does not want to be the next Michael Newsom’s spokesman, Brian Ferguson. “The tion 57 extends the opportunity for parole Dukakis,” he added, referring to the 1988 governor can’t revoke these paroles but can to felons convicted of nonviolent offenses Democratic presidential nominee who, as ask the state’s 15-member Board of Parole – including sex offenders engaged in pros- governor of Massachusetts, had defended a Hearings (BPH) to review them.” titution or possessing child pornography law that allowed convicted murderer Wil- Newsom has also stopped 46 paroles – while also providing credit to sentences lie Horton to be released from prison for a for murderers using “a different process for rehabilitation, good behavior, and edu- weekend furlough, during which he raped a that allows him to act unilaterally through cation. woman and stabbed her boyfriend. Al Gore executive powers,” Ferguson added. “We believe Prop. 57 says very clearly used the issue to attack Dukakis during “Each case that comes before the gov- that everyone convicted of a nonviolent the Democratic primary and then George ernor is evaluated on its own merits and offense should get early consideration for H.W. Bush used it to attack Dukakis in the receives careful review and consideration,” parole,” said Janice Bellucci, an attorney general election, which he won. he said. who serves as executive director of the A March 2020 incident in Chino The 45-year-old Veches was convicted Alliance for Constitutional Sex Offense underscores the risk Newsom faces. That’s by a jury in a high-profile 2007 case – while Laws. “It’s going to keep (parole boards) when 50-year-old parolee Larry Brennan working as a supervisor in a municipal very busy.” brandished a knife at a Denny’s restaurant. youth recreation program, he “liked to In addition, there are 34,136 Califor- Police chased him on foot into traffic on suck on the toes of young boys” – and nia prisoners serving life sentences with the 60 Freeway, where they tasered Bren- sentenced to two concurrent life-in-prison the possibility of parole, according to the nan after he stabbed himself. The parolee terms. Veches’ mother, Joyce Ormes, said California Department of Corrections did survive. that Newsom’s challenge of her son’s parole and Rehabilitation (CDCR), a number Pitney said Newsom’s efforts to pre- was “heartbreaking,” acknowledging the that dwarfs the nearly 8,500 “lifers” with vent the release of criminals poses little seriousness of his crimes but noting that parole potential in Texas, the state with the downside. the damage caused by violent offenders is second-highest number. “I think he can make a case that he’s greater. CDCR has been under pressure to being consistent: We should be careful of “This thing about grouping all sex of- reduce its prisoner population since a 2011 releasing prisoners and careful about the fenders into one has haunted me,” Ormes ruling by the U.S. Supreme Court found punishments we impose,” he said. said. “I know the governor is new and I such severe overcrowding to constitute Fifteen of the cases Newsom has understand his concerns, but my son won’t “cruel and unusual punishment” for inmates, flagged for reconsideration involve pris- be back [in prison]. He’s probably one of violating a right guaranteed by the Eighth oners with current or past sex offenses, the best candidates for parole.” Amendment to the Constitution. according to CDCR. Sonya Shah, executive Newsom’s parole interventions reflect That same year Jennifer Shaffer took director of a Bay Area nonprofit that works a noticeable increase over those of his over as Executive Director of BPH and with sex offenders, said that “sex crimes predecessor as governor, Jerry Brown. In began a serious effort to bring its procedures are left out of criminal justice reform and 2018, Brown requested that BPH review in line with another pair of Supreme Court often lumped together in public perception seven cases. He also reversed just 28 paroles decisions reached in 2008 that required despite encompassing a ‘spectrum of harms’ for murderers, though at his 2014 peak he parole decisions to be based on the danger to victims.” hit 133 reversals. In Newsom’s first three posed by a prisoner rather than the serious- “We are not willing to have the nuance April 2020 44 Prison Legal News with sexual crime,” Shah said. “The way [sex there. And that was in keeping with my 19, once for taking a man’s backpack and offenders] are painted, they are monsters.” vow of nonviolence.” wallet and the second time for abetting a Newsom also reversed a decision to Thompson’s status as an informant and carjacker’s attempt to escape police. parole Jesus Cecena, who was 17 years old in dropout from the Brotherhood makes him The fourth pardon went to Curtis 1979 when he shot and killed a San Diego a target for murder by the group or its al- Reynolds, 59. Convicted of six drug felo- Police Officer, Archie Buggs. Convicted of lies, and therefore no information has been nies between 1998 and 2003, he had since first-degree murder, Cecena was initially released regarding where he is. He cooper- dedicated himself to volunteering to help sentenced to life without parole, but his ated with the police in the 1980s, leading to others battling addiction. sentence was modified to life with the to a number of prosecutions, in some of possibility of parole following an appellate which he testified in as a prosecution wit- Sources: sfchronicle.com, sanquentinnews.com, ruling that juveniles could not be sentenced ness. That included one instance worthy of latimes.com, mercurynews.com, sacbee.com, to no-parole terms. a scene in a courtroom movie drama, when msn.com, dailyrepublic.com, ktla.com, reuters. Between 1986 and 2012 Cecena was he was snuck into a courthouse through a com, www-cdn.law.stanford.edu denied parole 14 times. In 2014, after he hollowed-out vending machine. disavowed the gang life to become a Chris- On August 7, 2019 Gov. Newsom is- tian and a “model prisoner,” a board finally sued seven pardons. Among those pardoned cleared him for release. Newsom’s decision was 37-year-old Quoc Nguyen, who came marks the fourth time in the last five years to the United States as a child refugee. that the governor’s office has reversed a He was convicted of assault with a deadly parole board’s decision to free the now weapon in 2004, a charge that included an 57-year-old Cecena. enhancement because he was in a street Additionally, Newsom reversed a gang. The Trump administration had sought parole recommendation for Leslie Van to eliminate deportation protections for Houten, the youngest of Charles Manson’s illegal immigrants with criminal records. murderous “family.” Van Houten was 19 at Newsom wrote in his pardon order the time the group slaughtered four people that Nguyen’s possible “impending depor- in Hollywood, including Valley of The Dolls tation” and the possibility that he could be actress Sharon Tate. Now 69, Van Houten separated from his family “further justifies” is serving a life sentence at the California clemency. Nguyen was incarcerated for Institute for Women in Corona. a year and a half and then was on parole “When considering as a whole, I find for almost three years. Since then, he “has the evidence shows that she currently poses demonstrated that he is living an upright an unreasonable danger to society if released life,” the governor’s office wrote. from prison at this time,” Newsom wrote. “He has a stable job to support his The January 2019 decision marked the elderly mother and his girlfriend, who is third time that a California governor has completing nursing school,” a spokeswoman overruled a parole board on Van Houten’s from Newsom’s office said. case; his predecessor, Brown, turned her On October 18, 2019, the governor down twice. Prior to that she made 18 pardoned four more people, including three unsuccessful attempts before securing a whom he hoped to spare from deportation: recommendation for release. Victor Ayala, Arnou Aghamalian and Thear In contrast, Newsom could have Sam. reversed parole for Michael Lynn Thomp- Ayala, a 38-year-old brought illegally son, 67, but instead the governor allowed from El Salvador at age 2 by his parents, had the high-ranking member of the Aryan been sentenced to probation in 2001 at age Brotherhood to be paroled on August 12, 21 for an electronics store robbery. He now 2019, after serving nearly 45 years in prison runs his own carpet cleaning business, the for two murder convictions. Back in April governor’s office said. 2019, when he was tentatively granted Aghamalian, an Iranian refugee who parole, he explained to commissioners entered the U.S. illegally at age 15, was how he refrained from fighting back when pardoned for a 1999 conviction for his part a Mexican Mafia hitman attacked him in in setting an empty car ablaze when he 2015 with a knife. was 22. He is now the proprietor of a solar “There was a window of opportunity. energy company. I saw it. I played it through in my head. I Sam, 41, also entered the U.S. illegally knew what I could do to him,” Thompson as a 4-year-old, brought by refugees fleeing said. “I took the weapon, and put it under- the Khmer Rouge in Cambodia. He had neath me, and I laid down until staff got been convicted twice between ages 18 and Prison Legal News 45 April 2020 Major Outbreak of Legionnaires’ at Coleman Women’s Work Camp by Kevin Bliss

he women’s work camp at Cole- they were not; if they wanted clean water, BOP does not likely have the expertise to Tman Federal Correctional Complex they had to purchase it from the canteen. investigate the outbreak without turning in Sumter County, Florida, reported 18 For the time being the facility was not re- to a consulting firm for assistance. More confirmed cases of Legionnaires’ disease in ceiving any new arrivals, but routing them importantly, it seemingly does not have early February of this year. to other prisons in the state. the will or the interest of safeguarding the The Bureau of Prisons (BOP) said In a statement released February 4, the prisoners in its care and the employees on it was working with the Department of BOP said it had installed two recirculat- its staff. Health (DOH) to identify the source of ing pumps and point-of-use filters for the the infection, manage current cases and take shower heads and sink faucets. But the BOP Sources: miamiherald.com, news4jax.com, necessary precautions. had yet to isolate the source. Krause said the tampabay.com The Miami Herald said officials at the prison would not answer questions about the outbreak, but prisoners and their California Exonerees Not Quite families said the facility had a lot of people complaining about flu-like symptoms. “Ap- Innocent Under the Law parently a large number of women have by Anthony W. Accurso tested positive for Legionnaires’ disease,” wrote Paul Forkner’s daughter, who is in- any prisoners who get their con- erees face serious challenges reintegrating carcerated at Coleman. She said that many Mvictions overturned, especially after into society while struggling to find em- prisoners were not even being treated or serving lengthy prison terms, rightly ex- ployment and meet basic needs. “Such a were being diagnosed with a common cold. pect to be compensated when they prove large sum of money for someone like Glenn The U.S. Centers for Disease Control they never should have been prosecuted. in the difference between adequate food, and Protection said Legionnaires’ disease However, exonerees in California often healthcare, and shelter, and homelessness,” is a lung infection acquired from breathing face a difficult battle for compensation, said Linda Starr, a Santa Clara University water vapor contaminated with Legionella made all the more challenging by home- law professor and executive director of the bacteria. It can cause flu-like symptoms lessness. Northern California Innocence Project. such as coughing, aching muscles and Glenn Payne is one of many persons In some cases, the court recognizes headaches. It is the leading cause of wa- whose conviction was overturned after its error and certifies a person as “factually terborne-disease outbreaks in the United serving prison time for a crime he didn’t innocent” under Penal Code 851.8. Such States and can be fatal if not treated. commit. Payne spent 13 years in prison for was the case with Craig Richard Coley, The National Academies of Sciences, a 1991 child molestation conviction that who was authorized compensation total- Engineering and Medicine said the bac- was overturned because the hair identifica- ing nearly $2 million after serving over 38 terium grow rapidly in warm, stagnant tion evidence linking him to the crime was years in prison on what the Ventura County conditions and can commonly be found in discredited. At age 55, he’s regaining peace District Attorney described in court filings engineered water systems such as cooling of mind as a free man who no longer has as an “extraordinary miscarriage of justice.” towers or building plumbing. Toxicologist to register as a sex offender. A 2013 investigation ordered by the gover- Dr. David Krause stated, “The [DOH] The state of California has laws in nor found “that the detective who originally should be able to look at the epidemio- place to govern claims for compensation investigated the matter mishandled the logical data and tell if it’s associated with for those subjected to wrongful convictions. investigation or framed Mr. Coley.” Coley a single water heater source or whether it’s Payne doesn’t qualify, though, because his was unique because the court’s finding of a cooling tower outside the building that’s lawyers did not submit evidence that he factual innocence bound CalVCB to com- affecting the whole prison.” was innocent of the crime by the end of the pensate him, according to P.C. 851.865 Forkner’s daughter said the entire insti- two-year filing deadline. Such a hurdle can and 1485.55. tution is in disrepair. She stated that much be nearly impossible to overcome, especially Most exonerees aren’t so lucky. Mau- of the ceiling tiles were gone, exposing the in cases like Payne’s where the evidence was rice Caldwell served roughly 20 years on building’s pipe system. Warm, stagnant destroyed prior to his release. a second-degree murder conviction that water conditions existed everywhere in Of the 76 former prisoners who have was overturned in 2011. “Some people try the prison. She was concerned that a large filed for compensation since 2006, the to say just be thankful you [are] free,” said number of prisoners had been diagnosed California Victim Compensation Board Caldwell. “I didn’t get away with a crime, with the infection, but no one in authority (CalVCB) has approved 26 petitions for so why [do] I just want to be thankful would answer any questions. a total of $14.1 million. This is based on a for being free? I’m going to be thankful She also accused the BOP of lying to statutorily authorized amount of $140 per when I get the justice of me being free, my families of prisoners, telling them that the day for wrongful incarceration. actual innocence, the compensation, the prisoners were receiving bottled water when After years behind bars, many exon- truth.” Caldwell has spent the last eight April 2020 46 Prison Legal News years unsuccessfully fighting the state for stuck in a gray zone between the presump- in this nether region between guilt and compensation. tion of innocence accorded to those not yet innocence. Quite simply, if the conviction Obie Anthony was freed in 2011 and convicted, and a presumption of guilt they has been overturned and the prosecution used his compensation to start a foundation must overcome after having their convic- cannot retry the person, then they should to help exonerees. As of May 2019, the tions reversed. be entitled to compensation.” foundation was paying for Caldwell’s hotel, Paula Mitchell of Loyola Law School’s giving him a place to stay while he fights Project for the Innocent said, “It’s not fair Sources: latimes.com, sfchronicle.com, WTVR. the state. Anthony said such exonerees are to leave these people in legal limbo, living com, https://victims.ca.gov Sixth Circuit Holds Ohio Rule Requiring Merit Affidavit Inapplicable in BOP Prisoner’s Tort Action by Matt Clarke

n November 7, 2019, the Sixth Layerenza, and Aaron J, Marks, Gallivan instances when heightened pleading is OCircuit Court of Appeals held that appealed. The Sixth Circuit noted that, if required are listed in Rule 9, but medical an Ohio rule requiring a person alleging the Federal Rules of Civil Procedure do not negligence is not among them. medical negligence to include a medical require such a merit affidavit and those rules The Federal rules are presumptively professional’s affidavit stating the claim are valid under the Constitution and Rules valid under the Constitution and Rules has merit cannot be applied to a federal Enabling Act, then federal rules, not Ohio Enabling Act. There is no challenge to their prisoner’s legal action against the federal Rule 10(D)(2), must be applied. validity in this case. Bureau of Prisons (BOP) under the Federal The Federal Rules do not require an In Shady Grove Orthopedic Assocs., P.A. v. Tort Claims Act (FTCA). affidavit to state a medical negligence Allstate Ins. Co., 559 U.S. 393 (2010), the U.S. While incarcerated at a BOP prison in claim. Rule 8(a) sets out the pleading Supreme Court held that the key issue when Ohio, Dennis Gallivan had surgery. It did not requirements, which only include a short state and federal rules conflict is whether the go well, and he filed a lawsuit in federal court and plain jurisdictional statement, a short federal rule answers the question in dispute. under the FTCA claiming medical negligence. and plain statement of the claim, and an In this case it did, setting out precise pleading He did not include a medical professional’s explanation of the relief sought. “By listing requirements. Therefore, the district court affidavit – a so-called merit affidavit -- stating these elements, Rule 8 implicitly ‘excludes erred when it dismissed the complaint for that the claim had merit. Citing Ohio Civil other requirements that must be satisfied failing to include the merits affidavit. The Rule 10(D)(2), which requires a merit affidavit, for a complaint to state a claim for relief.’” district court’s judgment was vacated and the district court dismissed the case. Likewise, Rule 12 requires only an allega- the case remanded for further proceedings. Aided by Washington, D.C., attorneys tion of facts “sufficient to state a claim to See: Gallivan v. United States, 943 F.3d 214 William T. Marks, Melina M, Meneguin relief that is plausible on its face.” The few (6th Cir. 2019).

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Prison Legal News 47 April 2020 Illinois Prisoner Locked Up Decades Without a Conviction or Sentence by Bill Barton

n October 11, 1982 Terry Allen The John Howard Association, a non- against Allen 5-4, the majority found that Owas arrested and charged with sexual partisan watchdog group, has suggested even though Illinois had detained Allen in assault, after he allegedly forced a woman that many people who are designated SDPs jail without trial, the therapy it was offering he’d just met at the McDonalds where she have a low IQ, often paired with diagnosed him prevented his detention from being un- was employed to drive him in her car to a intellectual or learning disabilities. A recent constitutional. That decision left the burden secluded spot and perform oral sex on him. test, in fact, puts Allen on the borderline of proof on Allen to show that he was cured But in lieu of facing a criminal trial, between low and extremely low IQ. before his release would be possible. (Allen he was offered civil commitment by pros- Speaking about his initial hearing, Al- v. Illinois, 478 U.S. 364, 1986.) ecutors. Allen’s attorney told him if he len said, “I think it was about two hours and To succeed in therapy, SDPs must underwent civil commitment “it would the judge declared me to be a sexually dan- express remorse, apologize, and demon- likely only last six months to a year.” Instead, gerous person. And afterwards, I was told strate empathy for their victim or victims. Allen has remained in prison in Illinois for that I was going to be going to a hospital.” Additionally, they must discuss how they 36 years without a criminal conviction, or a He never saw a hospital, but instead will avoid committing such crimes in the release date specified, and — as of publica- was sent to an Illinois state prison. future. Only 10 SDPs earned conditional tion time — he is still incarcerated. “I talked to a psychologist there, she release from BMRCC between 2012 and In their efforts to have him civilly com- briefed me and told me that sexually dan- 2019 – about the same number who died mitted, prosecutors hired two psychiatrists gerous people had been locked up like 20 in custody. The average length of stay for to determine if Allen met the criteria of and 30 years,” Allen said. all those committed to the program was being a “sexually dangerous person” (SDP). In Illinois, all SDPs are currently 17 years. They then relied on what Allen told those locked up at Big Muddy River Correctional About a quarter of their cases come doctors to move toward civil commitment Center (BMRCC) in the small town of from Sangamon County in central Illinois, instead of a criminal trial. Believing he Ina, roughly 300 miles south of Chicago. where for 30 years the prosecutor was needed to convince the psychiatrists that Although they are housed in their own Sheryl Essenberg. A self-taught expert on he was an SDP in order to avoid being wing, they mix with the prison’s general the state’s SDP statute, she wrote a manual locked up for a lengthy sentence, Allen told population. on it for prosecutors in 2011. Now retired, the psychiatrists that he’d forced a number “Despite technically serving civil she remains proud of putting away so many of women to perform sex acts with him – commitments and not criminal sentences, SDPs. something he now says wasn’t true. SDPs sleep in cells, wear the same outfits “If there is a legal way that I can pre- “I incriminated myself,” said Allen. “I and badges as other inmates, and receive vent a person who is in my mind pretty made incriminating statements that were citations and punishments like criminally clearly going to commit that next offense never true about me. I didn’t feel that I was convicted felons,” said a spokesman for — if I can intervene before he commits that a sexually dangerous person.” the Illinois Department of Corrections next offense with a high degree of certainty No police or court records existed (IDOC). — then I’m gonna do that,” she said. that would have verified the truth of those State records show BMRCC employed In addition to Illinois, Massachusetts, long-ago statements he made, had any- just “one or two staff psychiatrists for the North Dakota and the federal government one checked them out. In fact, one of the entire population” — 171 SDPs as of March all have statutes allowing certain people psychiatrists — who unfortunately is now 7, 2019. The IODC spokesman promised with acknowledged sexually assaultive deceased and therefore unable to testify — that the agency was “actively recruiting behavior to be held in prison without trial wrote in his report that he believed Allen and hiring licensed sex offender treatment for treatment. In May 2019, following a was lying and merely telling doctors what providers.” number of news stories about Allen’s case, they wanted to hear. Shortly after arriving in prison, Allen State Rep. Justin Slaughter, who chairs “[Allen] wanted to be found sexually began researching alternatives. the House Judiciary Criminal Committee, dangerous,” the psychiatrist wrote, most “At that time, I constantly stayed in called Illinois’ law “absolutely ridiculous” likely because of his attorney’s advice and the law library so I could figure out what and pledged to back its repeal. assurances. else I could do, what else I could file,” he “It seems to fly in the face of justice,” Nevertheless, both psychiatrists said. “I wanted to do everything that I agreed state Rep. Will Guzzardi, who is a deemed Allen unstable, exhibiting symp- could to defend myself so that I wouldn’t member of the House Sentencing, Penalties toms of psychosis or schizophrenia, and die there.” and Criminal Procedure Subcommittee. testified in his civil commitment hearing He filed an appeal, which — against “People should not be in our correc- that the “sexually dangerous person” ap- all odds — eventually made its way to the tional system that have not been convicted,” pellation was apropos in his case. Allen Supreme Court of the United States, which Slaughter said. “This is a law that should be presented no defense at the hearing. heard his case on April 30, 1986. Ruling taken off of the books.” April 2020 48 Prison Legal News Spokesperson Jordan Abudayyeh said way to secure the housing he needs, Allen swer to that question. that Gov. J.B. Pritzker “looks forward to remains at BMRCC. reviewing any legislation that may be in- “The state says that an SDP is to be Source: wbez.org, npr.org, pbs.org troduced.” responsible for his own placement. I don’t Over his long prison stay, Allen has see how that could be,” Allen said. “If an filed a number of petitions for his release, SDP is locked up for 20 or 30 years he’s out REACHINGAPRISONER.COM and he has had at least a dozen hearings of contact with the free world out there. He A Family Owned and Operated PRISON PEN PAL WEBSITE seeking to present his case before a jury. doesn’t have any relatives or funds out there Now Open for over 2 years In 2015, a state psychiatrist at one of those to get his own place.” **Two basic ad options 6 months $25 or 1 year $40** hearings again said that Allen wasn’t fit to Back in 1988, along with two dozen ***You get a 350-word Ad with up to 3 pictures as well be released, but Allen’s attorney successfully legislators, experts, and law enforcement as you can add poems and artwork!!!** argued for another psychiatrist to be ap- officials, Heyrman led a governor’s commis- For more info get a free ad (no SASE needed) pointed by the court to testify on his client’s sion that reviewed the Sexually Dangerous **75% response rate. We offer a personalized service behalf. That doctor called the state’s findings Persons Act. They recommended it be that no one else does. ** Reaching A Prisoner, LLC PA License# 6665052 a biased and deceptive “hatchet job.” abolished. P.O. Box 7776 We can also be University of Chicago clinical law pro- “What sense does it make to have Sharpsburg, PA 15215 reached through fessor Mark Heyrman says the career risk (IDOC) do this? Why aren’t (SDPs) in JPay and Corrlinks involved in an SDP release is an inherent the custody of the Advertised worldwide on various websites and Google disincentive for anyone to recommend one. Department of Hu- “If I say ‘no you can’t get out,’ no one man Services that will ever complain,” Heyrman said. “If I runs our seven state say ‘yes,’ it’s almost certain that I will make mental hospitals?” a mistake.” Heyrman said. The jury in that 2015 hearing found Over 30 years Allen fit to be released. The problem? When later, Terry Allen SDPs are granted release, they are listed as still sits in a maxi- sex offenders, who must follow the strict mum security prison, rules of the sex offender registry. With no waiting for an an-

PLN

Prison Legal News 49 April 2020 They Went to Jail. Then They Say They Were Strapped to a Chair for Days. Allegations in a Missouri lawsuit shed light on how some jail officials use restraint chairs, which have been linked to dozens of deaths. by Maurice Chammah, The Marshall Project, published in partnership with the St. Louis Post-Dispatch

hortly after Christmas in 2016, Some states, including Florida and Utah, questions to the county’s lawyer Albert M. SAlbert Okal began acting strangely in have banned the use of such restraints in Spradling, III, who said the sheriff and his the Wayne County Jail. He was “jumping certain state facilities, but some county staff could not answer due to “ongoing or around, seeing things,” his lawyer says. The jails still use them, as do some immigration threatened litigation.” 41-year-old was facing a charge of driving detention facilities. A Marshall Project Five people who say they were de- while intoxicated in southeastern Missouri. review of lawsuits and press reports found tained with Black, and one former guard Okal does not recall why he became the chair linked to 20 jail deaths in the past who worked in the jail at the time, de- so agitated, but his lawyer said Okal does six years, and in 2014, USA Today con- scribed seeing him strapped down during remember how the jail staff responded: nected the device to more than 36 deaths that four-week period. “I would hear him They cuffed his wrists and ankles to a going back to the late 1990s. cry,” said Jennifer Key, who was incarcer- “restraint chair,” where they force-fed Additionally, at least nine other people ated with Black and worked as a “trustee” him, covered his head with a blanket, ad- have sued jails around the country since in the facility, preparing food and doing dressed him with the n-word and refused 2013, citing restraint chairs as part of a laundry. (She has since been released and to let him use the bathroom, leaving him wider claim of abuse; in some cases, they works at an addiction treatment center.) to urinate and defecate on himself. He describe being beaten, tasered or pepper- “One day I heard him scream. Other days remembers being restrained for five days, sprayed while strapped in. Last year, the he’d be lethargic. His body was just giv- his lawyer said. U.S. Department of Justice investigated the ing out.” Last fall, Okal sued Wayne County, the Boyd County Detention Center, a 206-bed The American Bar Association and county sheriff Dean Finch, and a number jail in Catlettsburg, Kentucky, finding that American Correctional Association have of jail staffers, claiming this experience jailers there punished prisoners—some of published standards limiting the use of left him with physical pain and emotional whom had attempted suicide—by placing these devices, which have earned nicknames trauma, as the St. Louis Post-Dispatch previ- them in a chair with “their genitals exposed like the “Devil’s Chair,” the “Be Sweet ously reported. Wayne County jailers have to passers-by.” Chair,” and the “Strap-o-lounger.” The denied placing Okal in the device. Since Okal filed his lawsuit, 10 others Wayne County Jail’s own manual says that Okal’s lawsuit is the latest keyhole into have told The Marshall Project that guards anyone strapped into the device “shall” be the use of restraint chairs within the nation’s at the Wayne County Jail often use the watched continually for two hours and then jails. There are more than 3,000 jails around restraint device. There is even an unofficial given a medical assessment, after which the country, and they are usually run by record, according to several detainees: In they should be checked every 15 minutes. counties with little state or federal oversight, 2014, a man named Stacie Black says he Both Black and Okal say they were never often far from civil rights lawyers, journal- was held in the chair for 28 days following given medical attention, and Black says he ists and other informal watchdogs. Some a suicide attempt. was left alone for hours at a time. states have tasked agencies or non-profits “At the jail, when you talk about the Though most people survive short with inspecting jails. Under Missouri law, chair, my name always comes up,” he said by stints in the restraint chair, some have died grand juries are charged with inspecting phone from the Farmington Correctional from blood clots resulting from inactivity. In jails in their counties. Center in Missouri, where he is now serving 1997, Michael Valent, a 29-year-old Utah Many people arrive at these facilities a 30-year sentence for drug possession. Un- prisoner with schizophrenia, died when a while extremely intoxicated or suffering like Okal, Black said he was allowed to get blood clot entered his lungs after he spent from a mental health crisis, and experts on up for occasional showers, bathroom breaks 16 hours in the device. His death prompted jail operations say these devices—which and 15-minute visits with his mother. But Utah lawmakers to ban its use. “It’s just like allow jailers to cuff or strap someone down it was still grueling. if you’re on an international flight: They by their arms and legs, and sometimes “You ever try to sleep sitting up for a don’t want you to sit for eight hours,” said shoulders and torsos—can be helpful in month at a time?” he said. “I [now] have to Steve Yerger, a private consultant who has stopping them from harming themselves sleep with my head down and rear end up, trained jail staff around the country on how or others. because my back is hurting, and it’s the only to use restraint chairs safely. “There better be But the experts caution that after the way I’ll be comfortable.” a damn good reason for keeping someone imminent threat passes, using the chair Wayne County Sheriff Dean Finch, in a chair for more than five hours.” can be dangerous, leading to deaths by who faces re-election in November, de- The devices can also play a role in overdose and blood clots resulting from clined to comment. After three calls to deaths from a variety of other causes. extended periods in the same position. the jail, The Marshall Project sent a list of “People who are seen as a safety threat April 2020 50 Prison Legal News may actually be having a medical crisis,” for an uncomfortable duration.” the most simple tasks frustrating. “You sit said Homer Venters, former chief medical Black said he made the best of his situ- there and you can’t scratch your nose,” he officer for New York City’s Correctional ation: He was seated near the desk where said. “I’d try to turn and use my shoulder Health Services. “Putting someone in a new arrivals were booked, so he chatted to scratch it.” restraint may cause you to not see the help with everyone he could. “I ain’t never met His friend Breanna Dyer, with whom they need.” He pointed out that low blood a stranger,” he said. “It’s a small community, he was arrested, could hear him from the sugar, alcohol withdrawal and psychotic and I’m from there, so I know all the cops, other end of the jail: “I’d hear him scream- episodes all may lead people to exhibit be- all the jailers.” On Sundays, a local man ing, ‘Get me out of this damn chair!’” havior that makes them appear dangerous would come to the Wayne County jail Sometimes Key, the trustee, would when they are not. and tell jokes and sing country songs on sneak him Kool-Aid and coffee. She was Stacie Black has been arrested numer- a karaoke system. Sometimes he wore an held from June 2014 until March 2015, ous times over the years, usually for drug Elvis costume. Black said he would serenade after violating her probation for an earlier possession; he admits that he was addicted him directly. theft charge, and she remembers Black ask- to methamphetamine. Soon after one arrest, At night, the foot traffic made it impos- ing her whether it was day or night, since in November 2014, he attempted to hang sible to sleep, especially combined with his he could not see a window. She would also himself with a sheet and survived. He says upright position. On one occasion, Black pass messages to Amy Black, his wife, who the jail staff put him in the chair out of a said, a friendly officer uncuffed his hands was also held in the jail. concern that he would try again, but that as and let him sleep on the ground, with his Black’s wife described being placed time went on he was simply told the sheriff feet still strapped in. At mealtimes, he’d get in the chair herself on at least a dozen would not let him out. He claims at one one hand uncuffed, so he could eat from a occasions, while in and out of jail for pro- point he said something to make an officer tray on his lap. bation violations and failures to pay child angry and he was pushed over, causing his “Every time I’d go to see him,” recalled support. (She said she couldn’t afford to legs to stick up in the air. his mother Robin Trainer, “someone would make payments because she was locked “He was mouthy to the employees he pass by me and say, ‘They’ve got him in that up for so long.) A lot of detainees are ad- didn’t respect,” recalled a former Wayne damn chair again!” During their 15-minute dicted to drugs, she said, “and they would County jailer who asked not to be named, visits, her son would tell her he sometimes let people have seizures and puke all over fearing reprisal. Although Black “wasn’t the had to beg in order to use the bathroom. themselves.” ideal inmate,” he added, “he was in the chair As the weeks passed, Black found even In other jails, people have died in the

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Prison Legal News 51 April 2020 Information for advertisers Restraint Chairs (cont.) This story was published on Feb. 7, 2020, by newsletter, or follow The Marshall Project on The Marshall Project (themarshallproject.org), Facebook or Twitter. Reprinted with permis- a nonprofit news organization covering the sion. Copyright, The Marshall Project 2020. device from aspirating on their own vomit. U.S. criminal justice system. Sign up for their Many of those who corroborated Black’s account in interviews with The Marshall Project also said the chair was $110,000 Settlement for Outed used frequently on people who didn’t pose Wisconsin Prisoner Informant an imminent physical threat. “They couldn’t handle peoples’ mouthing. If you cussed by Ed Lyon one time they’d put you in the chair,” said Monica Harris, who served time for failing egular readers of Prison Legal protection. to appear in court after an arrest for driving RNews may remember the April 2019 Wilcox, a member of the Redgranite without a license. article (page 61) chronicling the story of Governing Board (city council), was sus- Black said he does not know why the Wisconsin prison guard Sergeant Robert pended for a day. He subsequently quit his sheriff ’s staff finally let him out of the chair Wilcox. Wilcox placed images of a rat, job at the RCI. after 28 days. He did not attempt suicide signifying an informant, next to the names Prisoner Joseph Benson, one of the again and was released in early 2015 when of five prisoners working for a gang intel- informants outed by Wilcox, filed for relief his charges were dismissed. Later that year, ligence investigator, Captain Jason Wilke. in a federal court under 42 U.S.C., § 1983 he was arrested again for drug possession Wilcox left the altered roster in a desk, in a pro se filing. Attorney Ben H. Elson of and was convicted and sent to prison, where where it was viewed and copied by other Chicago’s People’s Law Office stepped in he remains. prisoners at the Redgranite Correctional and helped obtain an $110,000 settlement After the five days Albert Okal says Institute (RCI). for Benson in July. Another part of the he spent in the chair, others held at the jail The informants’ lives were allegedly settlement provides for Benson’s assign- said the staff used a wheelchair to get him endangered and Captain Wilke and his ment to a prison unit where his safety could to a cellblock, where they told a group of family began receiving threats as well. The presumably be better assured. detainees to clean him up. “He was soaked prisoners were transferred to other prisons Court pleadings and other official in his own urine and feces,” Jeremy Sykes, for their safety. Wilke reported the threats documents relating to prison conditions who was facing assault charges at the time, to law enforcement since prison administra- are always welcomed by PLN. See: Benson wrote in a message from state prison. tive personnel, in violation of policy, refused v. Meisner, U.S.D.C, (E.D. WI), Case No. Detainees helped Okal shower and to do so. He eventually took early medical 2:18-cv-00538. gave him a bunk and clothes, Sykes said. retirement, fearing retaliation by prison of- For several days the group fed him and ficials for having sought law enforcement Additional source: wbay.com gave him water until he could walk on his own, with no help from staff. “They did Muslim Georgia Prisoner Wins the best they could to take great care of Albert,” he said. RLUIPA Reversal in 11th Circuit Okal’s lawyer, Steve Walsh, declined to make him available for an interview due to Over Vegetarian Meals the pending litigation. Walsh said that law- by David M. Reutter suits like Okal’s—and the threat of future lawsuits—often force jails to change their he Eleventh Circuit Court of insufficient “nutritional value,” “lacked practices. “It could be a condition of settle- TAppeals, in an unpublished opin- sufficient calories” and contained only half ment to do something about this chair,” he ion, reversed the dismissal of a Georgia the nutritional value as provided other said. “Maybe dismantle it and put it in the prisoner’s First and Eighth Amendment prisoners. The district court granted the de- junk pile.” damage claims that alleged he was denied fendants’ motion to dismiss the complaint, a vegan diet that conformed to his Muslim finding Robbins failed to state a claim upon Christie Thompson contributed reporting. religious beliefs. which relief could be granted. While held at Valdosta State Prison On appeal, it was noted that Robbins About the author: Maurice Chammah is a staff (VSP) in 2015, prisoner Marquise Ali Rob- was transferred from VSP to Hays State writer whose forthcoming book about the death bins, filed a civil rights action asserting claims Prison. The Eleventh Circuit found this penalty won the 2019 J. Anthony Lukas Work- under the Religious Land Use and Institution- mooted all injunctive relief claims, so it In-Progress Book Award. A former Fulbright alized Persons Act (RLUIPA) and the First affirmed dismissal of the claims under and H.F. Guggenheim fellow, he has reported and Eight Amendments. Robbins alleged that RLUIPA and the First and Eighth Amend- on a range of criminal justice subjects, includ- he opted to receive VSP’s “restricted vegan ment that sought such relief. ing wrongful convictions, jail architecture, meal,” which is intended to be consistent with The court, however, found the First predictive policing and European criminal the dictates of Islamic dietary rules. and Eighth Amendment damage claims justice systems. Robbins asserted his diet contained were improperly dismissed. While the dis- April 2020 52 Prison Legal News trict court was correct that Robbins used He also alleged the nutritionally inadequate claim was also not stated. The Eleventh Cir- labels and conclusions, such as describing diet caused symptoms of deteriorating cuit operated on the same basis and reversed the meals as “meager,” “at times inedible,” health serious enough to warrant interven- the dismissal of the Eighth Amendment “diluted,” and “unwholesome,” he also made tion by medical personnel. claim. It made clear it was not making a non-conclusionary allegations. He alleged The Eleventh Circuit found those al- judgment on that claim, for it found the that the meals lacked enough calories; that legations were sufficient enough to state a subjective prion was met but left the objec- he could not eat the meals served on Sat- plausible claim that prison officials burdened tive prong of that claim to the district court urday because they contained pork in the Robbins’s First Amendment right to exercise to determine in the first instance. form of gelatin in the jelly of his peanut but- his religious belief. The district court and The district court’s order was affirmed ter and jelly sandwiches, and that medical defendants operated on the basis that if the in part and reversed in part. See: Robbins personnel were concerned enough that they complaint was insufficient to state a First v. Robertson, 782 Fed.Appx. 794 (11th Cir. prescribed vitamins and meal supplements. Amendment claim, the Eighth Amendment 2019). $70,000 Settlement For Oregon DOC Prisoner Dying from Flu by Ed Lyon

regon citizen Tina Ferri began Authority’s Dr. Ann Thomas stated that of Corrections. Circuit Court, Washington Oserving a 70-month sentence for felony “any influenza vaccination rate lower than County. Case No. 18-cv-55966. assault and methamphetamine possession 70 percent will still allow the flu to spread While the current coverage on the at the Oregon Department of Corrections’ in a community—and with a less effective Corona virus pandemic somehow implies (ODC) Coffee Creek Correctional Facility vaccine, like [that] year’s shot, the vaccina- that prisoners being at risk of dying from (CCCF) for women in October of 2017. tion rate may still need to be even higher.” the flu is a new or novel risk, this case clearly In March of the following year, an Yet another major problem identified shows it is neither new nor unforeseen. Oregon appeal court reversed her assault is the ODC’s vaccination policy. To obtain conviction, but by then Ferri had died of flu. a flu vaccination, a prisoner must ask for it Sources: oregonlive.com, wweek.com She was 53-years-old and had entered the either in writing or by checking off a box ODC without significant health problems. on a preprinted infirmary services request. Ferri caught the flu shortly after ODC spokesperson Jennifer Black entering the CCCF. That outbreak was initially stated that flu vaccinations were particularly virulent. As the infirmary filled discussed in one of the CCCF’s monthly to capacity, newly infected patients were newsletters during 2017. A review of all quarantined to their assigned cells. Their these newsletters by a Willamette Week re- cellmates were not moved if they were not porter found no such mention. When asked infected, needlessly exposing others and about that, Black responded, “I do believe compounding the contagion problem. it was an oversight.” Even more egregious was the ODC’s The prison is now considering a policy and CCCF’s near total lack of overall of actively offering a yearly flu vaccination preventative measures to guard against to all prisoners and allowing them to refuse a flu outbreak. For the 2017 flu season, as their chosen option. ODC purchased 4,650 vaccines for its As for Tina Ferri, her bout with the flu 14,550-prisoner population. Only 4,550 became so bad she contracted an internal prisoners requested a vaccination, which staph infection. She was finally transferred meant that only 31.27 percent of Oregon’s to a hospital two weeks after she told au- prison population were inoculated against thorities she was ill and three days after the flu for that year. she began coughing up blood. She died on The situation was even more dismal January 15, 2018, shackled to her hospital at the CCCF, where 519 vaccines were bed. purchased for 1,645 prisoners. Only 300 Ferri’s family filed a civil rights and prisoners requested a vaccination,18.23 wrongful death lawsuit against the ODC percent of the prison’s population, were in December 2018. Michael Fuller, the inoculated against the flu that year. attorney representing the family, asked for According to medical experts, the $7.5 million. prisoners had no defense against the virus In July 2019, an out of court settlement as it spread to one person after another was reached in the amount of $70,000. See housed in close proximity. Oregon Health Estate of Tina Ferri v. Oregon Department Prison Legal News 53 April 2020 $1.5 Million Settlement in Georgia Youth’s Rape at Juvenile Detention Center by David M. Reutter

he Georgia Department of Ju- himself, and [to] drown himself in [the] toilet.” were Demetra Ford of Ford Law and Tvenile Justice (DJJ) agreed to a $1.5 “He had been attacked on multiple oc- Leighton Moore of the Moore Law Firm. million settlement in a lawsuit alleging a casions and put in isolation — that’s what The $1.5 million settlement was reached 14-year-old was the target of several beat- they do to kind of ‘protect’ them — but on December 20, 2019. See: N.T. v. Howell, ings and attacks and was raped in a shower sexual assault is really what the settlement U.S.D.C. (N.D. Ga) Case No. 1:2016-cv- by a 17-year-old detainee. is about,” said Thomas “Woody” Sampson 04524. The lawsuit identifies the victim as “N.T.” of Thomas Kennedy Sampson & Tompkins, and relates to conditions of confinement he one of N.T.’s attorneys. His co-counsels Additional source: law.com endured at Augusta Youth Development Campus (AYDC) in 2011. The complaint Opioid Epidemic Keeps Climbing at named 15 officials who worked for DJJ. AYDC is DJJ’s facility to house committed California Prisons, and Claiming Lives youths in its system and who have been iden- tified with mental health problems. of Released Prisoners as Well DJJ was the subject of a U.S. Depart- by Jayson Hawkins ment of Justice report in 1998 that found systematic and pervasive violations of ith opioid overdoses claiming scanners, urine tests, drug-sniffing dogs juveniles’ constitutional rights. Among the Wthe lives of over 68,000 Americans and camera surveillance, yet these added problems were staff shortages, staff use of annually, detention facilities have reported security measures have made little impact. excessive force, a culture of violence and a corresponding rise in drug-related deaths The former finance chairman of the sexual assault, and lack of mental health among those incarcerated or recently guards’ union, Joe Baumann, blamed loop- care. A Memorandum of Understanding released. (See PLN, September 2019, p. holes in the process. The scanners do not required DJJ to make changes, and DJJ was 1.) California’s nearly three dozen penal detect drugs smuggled inside orifices, which removed from supervision in 2009 after it institutions recorded 997 overdoses in he said visitors could remove in a bathroom met its obligations. The complaint alleged 2018, more than double the number just and then pass to prisoners. Other smugglers that after the consent decree ended, “a pat- three years earlier. Forty prisoners died from filled tennis balls with contraband substances tern of pervasive system-wide abuses in DJJ overdoses in California in 2017, a rate three and threw them over the penitentiary fences. facilities across the state returned.” times the average nationwide. Although visits are limited to weekends, em- When N.T. entered AYDC on March Although cancer, heart disease and liver ployees have access to prisoners at all times, 8, 2011, he had a history of psychiatric hos- disease remain the top killers of California and Baumann admitted that occasionally pitalization in 2010 and was on psych drugs. prisoners, overdoses have outpaced suicides ‘‘dirty” guards had facilitated smuggling op- Between March 27 and October 4, 2011, and homicides since 2017 to claim the fourth erations. Corrupt staff are the main conduits, N.T. was assaulted or attacked by other spot. Meanwhile, a November 21, 2019 story in terms of sheer bulk, of drugs introduced detainees multiple times. N.T. reported in Capital & Main said that “Drug overdoses into detention facilities yet they are subjected the attacks to his therapist on November 2, are the single greatest factor contributing to to fewer searches or countermeasures, which 2011. Another detainee, Jade Holder, died Los Angeles’ rising rate of homeless mortali- allows the problem to continue. after being attacked and brutally beaten by ty,” and that many of those dying on the streets “There are so many opportunities, so other youths six days later, after a guard left were recently released prisoners. “Released much money to be made, I don’t think cell unit doors unlocked. prisoners may get clean behind bars…but the there’s one single answer,” agreed Jody Despite that incident, supervision of medications prescribed in jail detox programs Lewen, who established the Prison Univer- the juveniles remained lax. N.T. was one of aren’t normally the kind to adequately wean sity Project to offer higher education at San 13 youths taken to the gym on December them from their opioid cravings,” the story Quentin State Prison. “As long as there are 4, 2011. They were left unsupervised. When said. “With the resultant loss of tolerance, if human beings going in and out, there are N.T. went to use the bathroom, detainee they relapse on the outside one erroneously going to be opportunities.” Devin Scott Ardoin sexually assaulted N.T., judged dose can kill them.” The National Institute on Drug Abuse forcing him to submit to anal and oral sex. The numbers of prison deaths have estimates that two-thirds of the U.S.’s 2.3 N.T. reported the incident, and Ardoin risen despite increases in funds to fight the million prisoners suffer an addiction to drugs was charged with a misdemeanor for the influx of drugs into the state’s lockups. Un- or alcohol. But most of the country’s lock- assault. N.T. was again physically assaulted der a 2018 plan spearheaded by former Gov. ups – about 2,000 state and federal prisons on December 19, 2011. Subsequently, “N.T. Jerry Brown, $13.8 million was spent in and 3,100 county and municipal jails – do repeatedly self-harmed and attempted suicide, California Department of Corrections and not provide any of the three drugs used including attempts to slit his wrists, to hang Rehabilitation (CDCR) facilities on body in Medically Assisted Treatment (MAT), April 2020 54 Prison Legal News despite approval from the federal Food and program – which includes follow-up treat- November 2017 and December 2018. The Drug Administration. Only 120 jails in 32 ment after a prisoner is released – has cut death of a fifth condemned prisoner in states as well as just 10 state prison systems overdose deaths after release by two-thirds, June 2019 was also attributed to a heroin offer even one of the three MAT medica- from 26 to just nine in its first full year. overdose. tions: methadone, buprenorphine or Vivitrol. Some critics question whether substitut- A rise in popularity of fentanyl – a While some politicians believe im- ing one drug for another really solves the synthetic opioid that can be 100 times prisonment forces addicts to abandon their problem or merely prolongs it. more powerful than morphine – is a factor drug use, addiction physician R. Corey “Half my friends are in graveyards,” in California’s burgeoning prisoner over- Waller says that “prisons aren’t the sterile said 58-year-old former Rhode Island doses. Because of its potency, an effective environment people think they are.” prisoner Lloyd Baker, “because when they dose requires a very small amount of the “The pressures to use drugs inside are got out of prison, they used what they did drug, making it easier to smuggle. In April even greater than they are outside,” he added. before they got in – and now they’re gone. 2018, at least a dozen men at Mule Creek “On the outside, you can escape pressures, go I was one of the lucky ones.” State Prison overdosed on fentanyl during to your aunt’s house or something. But when In May 2019, California Gov. Gavin a single weekend. One of them died. you’re in a jail or prison, if you try to ignore Newsom introduced a plan to provide Newsom’s plan, like the one in Rhode the inmate in your yard who wants to sell treatment at most of CDCR’s correctional Island, includes substance abuse treatment you drugs, you’re at risk for physical harm.” facilities to prisoners struggling with ad- for prisoners facing release to help them The problem continues at least two diction. With an estimated two-year cost remain in recovery after they leave prison. years after release, when former prisoners of $233 million, the plan would be the “The way to interrupt the cycle of face a risk of death triple that of the general nation’s largest. addiction and crime that lands people in population. In just the first two weeks, the “The value of this goes way beyond court over and over again is to treat the ad- risk of a fatal overdose is 13 times higher. prisons,” emphasized Dr. Matt Willis, pub- diction,” Dr. Willis said. Another way is to That’s why Rhode Island Gov. Gina lic health officer in Marin County, where decriminalize drugs and treat it as a public Raimondo led the state in 2016 to begin San Quentin State Prison is located. “This health problem the same way that smoking providing all three drugs for MAT to every will save lives and money.” and alcoholism are treated. one of its state prisoners with an opioid County emergency medical crews addiction. Along with addiction counsel- responded to four fatal overdoses of fen- Sources: sfchronicle.com, kqed.org/news, ing, the one-of-a-kind, $2-million-a-year tanyl on San Quentin’s Death Row between sacbee.com, latimes.com, postbulletin.com

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Prison Legal News 55 April 2020 $1.25 Million Jury Award to Rikers Prisoner Over Jail Beating by Ed Lyon

n January 2018, Jose Guadalupe troller to release the remaining funds of Guadalupe v. The City of New York, et al., Isettled a lawsuit for a total of $1,250,000 the damage award to Guadalupe. After U.S.D.C., (S.D. NY), Case No. 15-CV- for a “severe beating” he suffered at the payment of attorney and court fees and 00220. hands of jailers in the city’s notorious Rik- the robbery victims/claimants, Guadalupe ers Island complex. He would eventually realized a total of $523,907.56. See: Jose Additional source: nypost.com net a bit less than half of that amount after paying attorney’s fees and settling claims filed against him by the four people he was Are Prison Law Libraries Adequate? accused of robbing, which was the reason by Dale Chappell for him being incarcerated at Rikers Island to begin with. f you’ve ever had to rely on a prison ern University. “What’s available digitally New York state passed the earliest Son Ilaw library to research for a court filing, doesn’t mean everything that was available of Sam Law (SOSL) after David Berkowitz, you know just how sorely lacking they can in print. Often it’s a real narrowing of what’s aka the Son of Sam, was arrested in 1977 be. And that’s if you were even able to access available” in print. for a spree of random killings. The law was the law library. Many states do not provide And Bounds doesn’t mean unlimited intended to prevent convicted persons from law libraries for prisoners. access to the law library. Courts have rou- reaping a profit by barring them from sell- Over 40 years ago, the U.S. Supreme tinely upheld restrictions on access to law ing book or movie rights about their crimes. Court held in Bounds v. Smith, 430 U.S. libraries for a variety of reasons. In some Critics attacked the law as a violation of the 813 (1977), that “the fundamental consti- prisons, a request must be submitted two First Amendment and in 1991 the Supreme tutional right of access to the courts requires weeks ahead of time to get just a few hours Court declared the statute unconstitutional prison authorities to assist inmates in the in the law library. And some prisons don’t in Simon and Schuster v. New York Crime presentation and filing of meaningful legal even provide a law library but instead a Victims Board, 502 U.S. 105 (1991). papers by providing prisoners with adequate “trained” person (not necessarily a lawyer) However, New York and other states law libraries or adequate assistance from to help prisoners file papers in court. subsequently passed new versions of the persons trained in the law.” Even if a prison improperly restricts a SOSL to get around the Supreme Court But what is an “adequate” law library? prisoner’s access to the law library or pro- decision. New York’s, passed in 2001, bars a This has never been defined by the Supreme vides an inadequate law library, the prisoner convicted person from receiving more than Court, and no clear standard says what a faces an almost impossible task of showing $10,000 from almost any source of income. prison must provide in its law library to that his constitutional right to access the It also requires that victims of a convicted meet the mandate of Bounds. The defen- courts was violated. person’s crimes are notified whenever the dants in Bounds never provided North In Lewis v. Casey, 518 U.S. 343 (1996), convict is set to receive any money above Carolina prisoners with law libraries. the Supreme Court severely limited Bounds, that threshold. Nearly every prison has its own idea requiring that a prisoner must show “actual When Guadalupe won the award, the of what an adequate law library means, and injury” from being denied access to the four robbery victims were notified. The New nearly every one of them has tossed books courts because of a law library problem. York State Office of Victim Services (OVS) and gone digital (except Oklahoma). But Most courts say this means the prisoner filed suit on behalf of the robbery victims, what’s on the computers may not be what must prove that his claim would have been naming the state’s Comptroller as “garnishee the public has access to. Instead, prison meritorious had it been filed and not been in possession” of Guadalupe’s award. administrators’ contract with providers, like dismissed by the court because of denial of The OVS then obtained an order to LexisNexis, to tailor the cases and materials access to the law library or an inadequate hold the award, minus payment of attorney available to prisoners, said Kevin Taylor, an law library. After Lewis was decided a num- and legal fees in the amount of $526,092.44. account manager for LexisNexis. ber of states including Arizona, Georgia, The four victims claimed $50,000 each for Is this legal? Can prisons block access South Dakota and others simply closed their trauma. to cases and materials on prison law library their prison law libraries. Ironically, North Guadalupe did not dispute the amount, computers? “There really is [not] a bright Carolina, the state where Bounds arose so in November of 2018 the Court ordered line in the sand in what you have to have from never did provide law libraries to their a $200,000 reduction in the remaining and what would be nice to have,” says Taylor prisoners. award to be paid out in a $50,000.00 check when asked about what’s required to be on This is a “paradox,” experts say, because to each of Guadalupe’s robbery victims by the law library computers. in order to file a meritorious claim in court, the state Comptroller. “It’s certainly not a level playing a prisoner needs access to an adequate law On November 30, 2018, the New York field,” said David Shapiro, director of the library to research and argue his claim. Attorney General instructed the Comp- MacArthur Justice Center at Northwest- And while courts are supposed to give pro April 2020 56 Prison Legal News se prisoner filings some leeway, they’re too policy in 2015 to allow prisoners from every quick to clear their dockets of these cases. state to ask for help, the school’s law library “The basic thing is that most judges regard received over 610 requests. Staff there said LEARN TO these people as kind of trash not worth that opening its resources to prisoners lets the time of a federal judge,” Judge Richard them make a case for their rights the same PROTECT Posner of the U.S. Court of Appeals for the way anyone else can. Seventh Circuit told The New York Times But in a 2019 report, the John How- after he announced his retirement from ard Association, an Illinois-based prison YOUR the bench in 2017. The result is that only watchdog group, said access to prison law one prisoner, at the district court level, has libraries remains a “pressing, chronic issue.” RIGHTS won a court access claim since Lewis was Thomas O’Bryant, a respected jailhouse decided in 1996, none at the appellate level. lawyer from Florida, explained it perfectly: Another judge has also advocated for “The prosecution has experts available to better access to the courts by prisoners, saying help prepare their cases, medical doctors, YOU HAVE A RIGHT TO that prisoner filings serve as a “check” on the biomedical engineers, psychologists, etc. Adequate medical care dysfunction and abuse in the nation’s prisons. The pro se litigant? He gets a boilerplate Protection from assault “An awful lot of legitimate grievances go un- form to fill out and copies of case law. Humane living conditions resolved because of the difficulty in accessing Good luck.” That sums up much of what Safety from officer abuse the courts and that’s really a tragedy for our constitutes “adequate” in prison law librar- society,” says Donna Leone Hamm, a retired ies across the country. In the prisons which Learn how to defend your Arizona judge who now runs a nonprofit even have them. basic human rights with called Middle Ground Prison Reform. the comprehensive litiga- Georgetown Law School has also Sources: nicic.gov, correctionsone.com, tion guide, Protecting Your opened its library’s doors to help prison- thecrimereport.org, John Howard Assoc., Health and Safety, 2nd edi- ers. In just five months after changing its 2019 Special Report tion, written specifically for prisoners who are unable to PrimeCare Medical Pays Bulk of receive help from a lawyer. Written by Robert E. Toone $252,000 Settlement in Pennsylvania Edited by Dan Manville A Project of the Southern Jail Detainee’s Suicide Poverty Law Center* by David M. Reutter COST $16 total $252,000 settlement was reached the bars of his cell. He then used a shoelace ($10 + $6 shipping/handling) Ain October 2019 in a lawsuit brought by and hanged himself between the half-hour FREE shipping/handling for orders the estate of a pretrial detainee who hanged guard rounds. No one investigated why a from Prison Legal News over $50 himself at Pennsylvania’s Northampton blanket was hung across the bars until a ORDER A COPY County Prison (NCP). guard made rounds at 10:26 a.m. Send a check Kyle A. Flyte, 21, was booked into Flyte was taken to a hospital where he or money order to: NCP on March 5, 2017 and was placed on died on March 13 as a proximate result of Prison Legal News “Level II Suicide Watch” the next day. He injuries from the hanging. His estate, rep- PO BoxBox 1151 2420 was evaluated by PrimeCare Medical psy- resented by attorney John Vivian, Jr., sued LakeWest Worth Brattleboro, Beach, FL VT 33460 05303 chiatrist Kishor Kumar Dedania on March the County of Northampton, its medical 561-360-2523(802) 257-1342 7. Dedania released Flyte from suicide vendor PrimeCare Medical, and Dedania watch and he was moved to a disciplinary in February 2019. Be sure to include your name, confinement cell. The $252,000 settlement was identification number (if any), and The complaint alleged the disciplinary reached on October 11. PrimeCare paid mailing address. We also accept action was based on Flyte not being honest $190,000 and Northampton County VISA and Mastercard. If using a about his drug use prior to entering NCP. paid $62,000. Vivian received $101,000 credit card, please include the While Flyte said he had not used drugs, in attorney fees and $8,553 in costs. type of card (VISA or Mastercard), card number, and expiration date. a drug test for opioids returned a positive Flyte’s two sons each received $47,000 result. Consideration of the effect of isola- to purchase an annuity. Flyte’s father tion on someone with suicidal tendencies was awarded $10,000, and $8,326 went This book does not deal with legal defense against criminal charges or was not considered, nor were the change in to funeral expenses and a monument. challenges to convictions that are on circumstances concerning Flyte’s possibili- Estate attorney Bradford D. Wagner was appeal. Edition last revised in 2009. ties for bail. awarded $5,000. See: Flyte v. County of *Please do not send orders to the On the morning of March 8, Flyte Northampton, U.S.D.C. (E.D. Pa.) Case Southern Poverty Law Center. violated rules by hanging a blanket across no. 5:19-cv-00703. Prison Legal News 57 April 2020 Seventh Circuit Appeals Court Upholds Ruling Against Wisconsin Prisoner’s Medical Negligence Claim by Kevin Bliss

Seventh Circuit Court of Ap- The tape recording of his cell during a pro se motion because the movant had Apeals ruled on October 29, 2019 that this period was not preserved due to spolia- counsel and refusing to allow a movant to there was a rational basis for the jury to tion. Nonetheless, the jury ruled in favor of represent themselves were separate issues. determine that nurse Angela McLean and the defendants. Lewis never made it clear to the courts that guard Joseph Cichanowicz did not violate Lewis filed a pro se motion to set aside he wished to represent himself or personally prisoner James Lewis’ constitutional rights this verdict, claiming the court erred in conduct cross-examination. The Court said by delaying medical assistance, and that denying his motion to represent himself, that Cichanowicz and McLean testified to the United States District Court for the not allowing him to conduct McLean’s their professional judgment, which preclud- Western District of Wisconsin did not err cross-examination, and not determining ed the possibility of deliberate indifference. in its ruling against Lewis. that the manifest weight of the evidence The district court’s ruling was affirmed and Lewis filed suit for deliberate indiffer- did not support the verdict. the case was dismissed. See: Lewis v. McLean, ence and medical malpractice against the The Appeals Court held that denying 941 F.3d 886 (7th Cir. 2019). defendants in 2014. He claimed that on the morning of February 8 of that year he awoke with paralyzing pain. After much time sitting Arizona Prison Water Woes Ease Up in his bunk, unable to move, Lewis finally hit by Jayson Hawkins the call button for assistance. Cichanowicz and McLean came but he water at Douglas Prison, which lose-lose situation as early-summer tem- refused to help Lewis because he would Thas over 2,000 of Arizona’s prisoners, peratures neared 100 degrees. During the not stick his hands out the trap door to be had a “noticeable petroleum odor and taste” initial outage, Arizona Department of cuffed for transport. It was not until an hour and “was burning [prisoners’] skin after Corrections spokesman Andrew Wilder and a half later when Lewis fell to the floor showers and causing diarrhea” in June 2019, assured the public that over 20,000 bottles trying to get to the door that help was sent Jimmy Jenkins of KJZZ-FM reported. of water had been handed out over a three- to take him to the hospital. The problem arose after the facility day period; however, word came through Lewis’ original medical malpractice switched to a different well following a prisoners’ families that the bottles were claim was dismissed, and the defendants leak that caused a water outage earlier in primarily distributed to guards. Prisoners were granted summary judgment. Lewis ap- the month. That outage lasted several days, were left to drink lukewarm that had been pealed and was granted a rehearing with an during which prisoners and staff survived trucked in in large containers. appointment of counsel. He also was given on bottled water and used chemical toilets. “Inmates have been cooperative and the opportunity to bring up his malpractice Toxic drinking water in major cities, in good spirits, and without incident,” said claim if he wished. He did so, but on a pro se and jails, like Flint, Michigan, and Newark, Wilder, not commenting on reports from motion, which the court told him he could New Jersey, has made headlines in recent families of the incarcerated about condi- not do while he had counsel appointed. His years and undermined trust in authorities tions inside the facility. counsel later withdrew this motion. who assured the public that no problems Margaret White, whose son is serving Cichanowicz and McLean both tes- existed. For marginalized populations like time at Douglas, said prisoners had not had tified that they did not consider Lewis’ prisoners, the slow reactions and outright water available for almost two days after inability to move a medical emergency. He denials of officials can extend crises for years the initial outage. Hundreds of people had had a clear airway, was talking and breath- and compound other issues. to use one chemical toilet that was soon ing, and he was not paralyzed since he could Residents of the Wallace Pack Unit in overflowing with sewage. move his extremities. Also, since he was able Texas, the majority of whom are aged and In an effort to restore water to the to reach the call button he should have been have health problems, were told to drink up to facility, the Arizona Department of En- able to reach the trap door to be cuffed. two gallons of water a day to cope with exces- vironmental Quality said that samples Cichanowicz said he had to consider sive summer heat, yet a 2017 report revealed from the reserve well had tested negative the possibility that Lewis would later vol- the water there contained over four times the for coliform bacteria before Douglas was untarily be cuffed or that he had created a level of arsenic allowed by the EPA. A federal switched over to it. The presence of other “setup” for the guards. Hence, he chose to judge responded to an emergency motion in contaminants had not been verified prior wait to see what Lewis would do. 2016 by ordering the Texas Department of to the switch, but the brownish color and The jury was instructed to assume that Criminal Justice to ship clean water to the distinct taste of diesel fuel were clear indi- Lewis could not move between 5:15 a.m., unit, but by that point the prisoners had al- cations that water from the back-up source the time he awoke and sat up in bed, to 7:12 ready consumed “thousands of gallons of the was not fit for consumption. a.m., when he was first able to reach the call arsenic-tainted water for more than ten years.” By the time the storage tank had been button for help. Prisoners at Douglas faced a similar drained and the water lines flushed, the April 2020 58 Prison Legal News leaking pipe connected to the original well running clear and odor free at all units with has found that polluted water was one of the had been repaired and water to the facility no additional issues.” top toxicity issues inside prisons. was restored from its usual source. “Since PLN has reported extensively on the issue then,” Wilder noted, “water has again been of water contamination in prisons and jails and Sources: kjzz.org, theappeal.org Precedential Settlement Eliminates Solitary Confinement on Pennsylvania’s Death Row by David M. Reutter

he Pennsylvania Department of activity a week — to include congregate Additional sources: CNN.com, inquirer.com, TCorrections (PDOC) has agreed to meals and services, law library time, work aclupa.org operate a Capital Case Unit (CCU) “as a assignments, and indoor and outdoor general population unit that exclusively time — and they will not be subject to houses prisoners sentenced to death.” That strip searches or physical restraints unless change in conditions is part of a settlement required by emerging security issues. agreement to a lawsuit that challenged death Prisoners will also be allowed to row prisoners’ conditions of confinement. purchase property available to the gen- The agreement was announced on eral population, and the frosted-over cell November 18, 2019. It resolves a lawsuit windows will be replaced with transparent brought by the ACLU in January 2018, windows. which alleged violations of the Eighth and The agreement provides for attorney Fourteenth Amendments from placing fees and costs to class action attorneys as Introducing Inmate Mingle, the 21st Century ap- death row prisoners in solitary confinement determined by the district court, as well proach to inmate pen-pal services. At Inmate Mingle we do the most to get your profile exposed to people for years or decades on end. as fees for the monitoring stage of the in the free world. To do this, we actively promote on “The use of long-term solitary confine- agreement. The settlement was hailed as social media outlets such as Facebook, Instagram ment on anyone is torture,” said Amy Fettig, a monumental achievement in the fight and Twitter daily. As well as using search engines such as Google and Bing to promote the site. We take deputy director of the ACLU’s National against solitary confinement. our job of finding someone to write letters and cor- Prison Project. “The conditions Pennsyl- “Despite decades spent in inhumane respond with you seriously. We promote you on our vania’s DOC was subjecting people on isolation, our clients have organized and website, which is user friendly and easy to navigate. persevered in this historic achievement for We also offer a mobile app that is available for Apple death row to — spending their entire lives and Android phones so that people on the go can in a tiny, filthy cell without any normal hu- the move went to abolish solitary confine- still find your profile. We would like you to become man contact, congregate religious services, ment in Pennsylvania,” said Bret Grote, a member of the Inmate Mingle circle and give a sufficient access to exercise, sunshine, the legal director of the Abolitionist Law chance to make a connection for you from the inside out! To get a FREE brochure about our services, send outdoors, or environmental and intellectual Center. “They have set a powerful precedent a SASE to the address below, or send us an email re- stimulation — weren’t just deeply uncon- for ending solitary confinement of capital quest (CORRLINKS, JPAY, GETTINGOUT). stitutional; they were horribly inhumane.” case prisoners — and eventually the death Inmate Mingle Under the settlement, death row penalty as a whole — across the country. P.O. Box 23207 prisoners will be able to use the phone on We are proud to represent them.” See: Reid Columbia, SC 29224 a daily basis for 15 minutes, have contact v. Wetzel, USDC, M.D. Pennsylvania, Case [email protected] visits, have at least 42.5 hours of out-of-cell No. 18-CV-0176.

John F. Mizner, Esq. 311 West Sixth Street Erie, Pennsylvania 16507 (814) 454-3889 [email protected] Artist behind the walls? Inspired by prison art? Roll with the big dogs!

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Prison Legal News 59 April 2020 Pennsylvania Board Revokes Psychologist’s License Over Prisoner Suicides by David M. Reutter

he Pennsylvania Board of Psychol- rington at a Board hearing in 2018. “Mr. He was still employed by the prison Togy revoked the license of psychologist Harrington was one of our strongest licensed system when the Board issued its order James Harrington and imposed $62,233 in psychologist managers,” said Secretary John revoking Harrington’s license. The order civil penalties and costs. The revocation was Wetzel. He promoted Harrington to oversee was a consoling, minor victory for victims based on seven suicides over an 18 month psychology staff at several prisons, with pay that did nothing to change their loss. “It period at SCI Cresson, which has closed of $107,052 annually. seems like you can do what you want and since the deaths nearly a decade ago. Harrington described himself as “a get away with it,” said John McClellan, Sr., The December 3, 2019, order said caring administrator who carried out his who described his son’s prison experience three suicides and 17 others who attempted professional deputies and responsibilities as “torment” that was made worse by staff suicide while under Harrington’s care were in a professional manner consistent with who encouraged his suicide. foreseeable and preventable. The order policies of the Department of Corrections found Harrington abdicated his ethical at SCI Cresson.” Source: inquirer.com responsibility to intervene when mentally ill prisoners were placed in solitary confine- GEO Group, Largest Private Prison ment and prevented from leaving their cells for treatment. Contractor, Cranks Up Political The board’s order focused on Har- rington’s role as the top psychologist Contributions During Trump Years responsible for treating the prisoners. It by Michael Fortino, Ph.D. noted his “treatment” of prisoners that included allowing a prisoner with schizoaf- n August 2016, just after an Obama Enforcement (ICE), the $10 billion federal fective disorder to attend a mental health Iadministration decision to stop contract- agency primarily tasked with implementing meeting naked and ordering the prisoner ing with for-profit private prisons sent its Trump’s immigration policy of detaining to sing, “I’m a Little Tea Pot.” stock price tumbling, GEO Group, Inc., the and removing undocumented immigrants. Harrington also approved a behavior country’s largest private prison contractor, Since then, GEO Group has grown modification plan for the prisoner that donated $100,000 to a super PAC aligned to become ICE’s largest vendor, holding placed the prisoner in isolation with only with then-presidential candidate Donald contracts worth $471 million in total. an anti-suicide smock and food loaf while J. Trump. Meanwhile, GEO Group and its subsidiar- removing all bedding, including a mattress, Through a wholly owned subsidiary ies have given $550,000 to the Republican and not providing psychological treatment. called GEO Corrections Holdings, Florida- Senate Leadership Fund, $325,000 to the The order also outlined the case of pris- based GEO Group, Inc. – whose $2.33 billion GOP’s Congressional Leadership Fund, as oner John McClellan, Jr., who threatened in 2018 revenues would have been threatened well as $275,000 to the New Republican to hang himself and who broke his hand had Hillary Clinton won and continued PAC, which supported Scott through his hitting a wall just weeks after arriving at Obama’s policy – then gave another $125,000 successful 2018 Senate campaign in Florida. Cresson. Despite those acts, McClellan was a week before the election to the Trump- The nonprofit Campaign Legal Center not assessed or treated by the psychological aligned super PAC, known as “Rebuilding filed a complaint in 2017 with the Fed- department. America Now” and chaired by Florida’s eral Election Commission (FEC), alleging Then, on May 6, 2011, McClellan’s then-governor and current senator, Rick GEO Group violated 75-year-old federal mood changed, and that night he hung a Scott. When Trump won, GEO Group stock law prohibiting federal contractors from cover over his cell window and committed quickly rose 21%, and it gave an additional making political donations in order to influ- suicide. The Board found his death was “both $250,000 to his inauguration committee. ence federal law and policy in their favor. definitely foreseeable and preventable.” In February 2017, a month after “You can’t let subsidiaries get around As PLN reported (See PLN, March, Trump’s inauguration, then-Attorney what is illegal for the parent corporation 2013, p. 18.), the deaths sparked an inves- General Jeff Sessions announced he to do,” argues Craig Holman, an ethics tigation by the Department of Justice. That was rescinding the Obama policy and advocate at Public Citizen. “Otherwise you report found mentally ill prisoners’ constitu- expanding federal use of private prison just essentially throw out the law.” tional rights were violated by the policy of contractors instead. Two months later, the CLC attorney Brendan Fisher agreed, placing them in solitary confinement. The administration awarded a $110 million, “A contractor can’t dodge the ban by mak- report led to policy changes that include 10-year federal contract to GEO Group for ing a contribution through a wholly-owned diverting prisoners with mental illness to construction and operation of a 1,000-bed subsidiary.” specialized psychiatric units. The head of facility in Texas to house undocumented CLC modeled its complaint on an ear- Pennsylvania’s prison system defended Har- detainees for Immigration and Customs lier one it had filed against a Boston-based April 2020 60 Prison Legal News construction company and government per PAC, known as “1820,” the year Maine Gideon, who has already raised $4 million contractor that donated $200,000 in 2015 was admitted to the Union, has already in contributions. to a pro-Hillary Clinton Super PAC. That spent some $700,000 on media ads in sup- company was cited by FEC for violating the port of the 67-year-old senator, who faces a Sources: prwatch.org, campaignlegal.org, ban on “pay-to-play” donations and fined strong Democratic challenger this Novem- citizentruth.org, miaminewtimes.com, finance. $34,000 to settle the case. ber in 48-year-old state House Speaker Sara yahoo.com But the FEC didn’t act on CLC’s com- plaint. So, in January 2018, CLC sued FEC. $596,475 in Fees and Damages Awarded That suit is still pending, but Fischer says that even if a court orders action, FEC has Against NY DOCCS For Contempt in Denying lost too many members now to vote on it. “The FEC sat on our complaint for Pain Medication to Blind Prisoner years, and has now lost its quorum,” he by Chad Marks said. “In the meantime, GEO has contin- ued to make big donations using corporate .S. District Court Judge Loretta $388,069 in attorney’s fees with another subsidiaries.” UA. Preska has ordered the New York $58,475.13 in costs, totaling $596,475.13. According to the National Institute Department of Corrections and Com- In making this determination, the on Money and Politics, GEO Group sub- munity Supervision and Community Court looked to the court of appeals’ deci- sidiaries have given money to Super PACs Supervision (DOCCS) to pay up in a victim sion in Weitzman v. Stein, 98 F.3d 717 (2d supporting other Florida Republicans, in- of contempt case. Cir. 1996), which held: “The sanctions for cluding U.S. Senator Marco Rubio and U.S. Amy Jane Agnew, an attorney repre- civil contempt serve two purposes: to coerce Representatives Brian Mast and Matt Gaetz. senting Anthony Medina a prisoner who is future compliance and to remedy any harm All told, the company has given nearly $1.9 blind, filed a complaint on March 12, 2015 past noncompliance caused the other party.” million to various GOP Super PACs since arguing that his civil rights were violated by In granting the award, the Court made 2015. In Florida alone, where GEO Group medical staff failing to effectively treat his clear that civil contempt sanctions must be is headquartered – at an address shared with pain. In February 2017, the Court issued remedial and compensatory rather than its subsidiaries – the firm has donated over an order granting a preliminary injunction, punitive. The Court also recognized that $8.7 million to various Republican political directing the DOCCS to immediately re- “compensatory sanctions may include an campaigns, and another $8.4 million to po- instate Medina’s prescription of Tramadol award of attorney’s fees and costs if the litical lobbyist groups who promote private (Ultram) or an alternate but equally effec- court finds willful violation.” prison enterprise. tive pain medication for neuropathic pain. Accordingly, the Court granted Me- The Obama administration decision to The Court also ordered the DOCCS to dina’s motion consistent with this opinion. move away from private, for-profit prison dim or turn off Medina’s overhead cell light See: Medina v. Buther, U.S.D.C. (S.D.N.Y.), contractors was premised upon findings by in accordance with past accepted requests Case No. 1:15-cv-01955. the Office of the Inspector General that regardless of his housing facility and unit. determined for-profit-prisons are less safe On June 21, 2108, Medina moved and no less costly than public facilities. the Court for a finding of civil contempt, In a separate lawsuit filed in 2017, CLC requesting monetary damages for unneces- sought to compel the Trump administra- sary pain and suffering, and attorney’s fees. tion to provide other evidence that might The court gave a detailed ruling finding in support reversing this policy. In June of that Medina’s favor and ordering the parties to year, a court ruled in CLC’s favor that the confer regarding fees and damages. See: administration had failed to provide such Medina v. Buther, 2019 U.S. Dist. LEXIS evidence. Yet the policy didn’t change. For- 23529. profit prisons, and specifically GEO Group, The Court issued a decision on Sep- Just released 2020... have continued to thrive. tember 12, 2019, granting Medina’s request. Meanwhile, a Super PAC formed in The DOCCS was ordered to pay Me- “The Inmates Step-by Step Guide” on How to March 2019 to support the re-election of dina $150,000 in compensatory damages, Build Your Personal Credit While Incarcerated. Maine’s U.S. Senator Far too many inmates leave prison with no real knowledge of what and how their credit score Poete Maudit Publishing House *Join the MP Society Susan Collins (R) will affect them in the modern world and most Poete Maudit: Accursed poet; a writer dogged by misfortune or lack of recognition. released the names Mission Statement: Providing an outlet for aspiring authors to have their voices heard. become prey to scams that lead to missing out on of its donors as re- At Poete Maudit Publishing we’re dedicated to serving the incarcerated writing community. We the opportunities that good credit can offer. This offer a wide range of services including traditional publishing, self-publishing assistance, typing, book guides a credit novice through the process of quired by law. One and editing. For more information, send S.A.S.E. to: Poete Maudit P.O. Box 216 Farmersville, checking their existing credit scores, rehabilitat- of them was GEO CA 93223. We also run an online writers workshop. Every month we select two essays and two ing credit, building their current credit score and poems written by our prison correspondents and post them on our website. A congratulatory letter all information provided can be completed while Acquisition II, yet is sent to the winners. To participate, send a short essay (250-500 words), piece of creative writing, or poem to: Larry Coonradt, Postal Annex 40485 Murrieta, Hot Springs Rd. Suite B4 behind the wall. another subsidiary Send $30 to: PMB 201 Murrieta, CA 92563 Platinum Publication of GEO Group. 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Prison Legal News 61 April 2020 $425,000 Settlement in Arkansas Detainee’s Death from Asthma Attack by David M. Reutter

he estate of a pretrial detainee down, and she told him she suffered from Alexander’s estate, represented by Twho died at Arkansas’ Pulaski agreed sickle cell, was cold, and had been throwing attorney Austin Porter, Jr., sued. A to a $425,000 settlement to resolve a civil up. Turner called for medical assistance, but settlement was reached on June 1, 2019. rights action. The settlement requires pay- a nurse later told him that would be checked It provides for Pulaski County to pay ment from Pulaski County and its medical the next day. Detainee Paradise Williams $50,000 and for Turn Key Health Clinics vendor, Turn Key Health Clinics. helped Alexander complete the form, which to pay $375,000. Sharon L. Alexander, 41, was arrested included a request that she be provided her The jail also changed its policy to on December 13, 2016, for robbery after a asthma pump “ASAP.” require detainees to get inhalers imme- scuffle with a store loss prevention clerk, About seven hours later, Alexander start- diately and get a refill immediately if no tried to prevent the theft of $234.16 in ed convulsing and wheezing loudly in her cell. contraband is found in the prescription clothing. Alexander was taken to the Pu- Medical assistance was called and resuscitation device. See: Alexander v. Pulaski County, laski County Jail. A medical intake form efforts ensued, but they failed. Alexander was U.S.D.C. (E.D. Ark.), Case no. 4:18-cv- showed she was 100% disabled, suffered taken to a hospital and was pronounced dead 0046.) from sickle cell anemia, asthma, and rheu- at 11:02 p.m. An autopsy concluded she died matoid arthritis. She possessed an asthma of Acute Asthma Exacerbation. Additional source: texarkanagazette.com pump upon arrest, but it was taken from her upon booking. After she was booked, Alexander was News in Brief placed in a cell. Late the next morning, Guard Eddie Turner watched three other Afghanistan: The Ministry of Inte- for Blane and Susan Barksdale ended last detainees assist Alexander down the stairs rior Affairs is working on a draft proposal night.” They were extradited to Tucson to of the cell block. He had Alexander sit aimed at reducing jail time, while promot- face first-degree murder charges. Tucson ing “reading culture.” By the end of 2019, Homicide Detective Josh Cheek told re- Afghanistan had at least 35,000 prisoners porters in February 2020, “Susan said she Do you have diabetes? in jails across the country. If the proposal was done protecting this monster and she Is your diabetes under control? is adopted, a prisoner could receive a six- wanted to tell the truth about what hap- day prison sentence discount for reading a pened.” Susan’s attorney has indicated that Living with diabetes in prison is very difficult. Order your FREE copy of Prisoner Diabetes book and giving a 10-minute presentation she may be ready for a plea deal. Handbook: A Guide to Managing Diabetes — about it. To qualify, the book must be at California: Former Wasco State for Prisoners, by Prisoners. least 100 pages. Pul-e-Charkhi Prison in Prison guard Joseph Andrade was arrested Order your FREE copy and start managing Kabul often houses up to 10,000 prison- with Leonard Velazquez-Martinez after your diabetes and your health. ers, of which 2,000 Taliban insurgents are trying to buy two kilos of cocaine and housed in the Block Six wing. It is unclear 18 kilos of methamphetamine from an ORDER FORM Fill out the information below, and if the proposed reading program would be undercover cop, the Department of Justice send this order form to: available to Block Six residents. announced. They were charged in June Prison Legal News Arizona: Back in May 2019, a fugitive 2019 with conspiracy to possess drugs with PO Box 11512420 Pima County, Arizona, couple was picked intent to distribute. Andrade had worked at Lake Worth Beach, FL 33460 West Brattleboro, VT 05303 up in Henrietta, New York. Blane and Susan Wasco State Prison as a guard since 2006.

Name Barksdale were wanted for killing Frank Velazquez-Martinez was from Minnesota, Bligh in Tucson in early April, taking his with a prior criminal history. It is unclear ID number car and setting fire to his house. They sat how the two knew each other. Andrade was in the Monroe County, New York, jail for driving his car with Velazquez-Martinez Facility three months before being handed over to in the front passenger seat. Velazquez- Security Transport Services on August 22. Martinez showed the undercover cop a Address Six days later, they overpowered security grocery bag of money intended for the officers in Blanding, Utah. They were on purchase. Investigators speculate that some the lam again. Considered armed and of the drugs were intended for distribution City State Zip dangerous, cash rewards were offered, and at Wasco State. Joseph Andrade was placed Blane Barksdale was added to the 15 Most on administrative leave for the duration of Wanted list. In September, U.S. Marshal the investigation. The arrest followed an for the District of Arizona David Gonzales undercover sting on June 24, 2019, by the Handbook made possible by the Southern Poverty Law Center reported, “The 16-day intensive manhunt DEA, in concert with the Kern County April 2020 62 Prison Legal News Sheriff ’s Office. Assistant U.S. Attorney robbery and drug charges. There was still considered him as a convicted felon in a Angela Scott is prosecuting the case. an active death investigation being con- previous Florida armed robbery, but Black California: Just past noon on June 17, ducted by the Florida Department of Law had pleaded “no contest” in that case, so had 2018, Fabian Cardoza headed to a shower Enforcement and the Office of Inspector not been convicted. Despite being in prison, in the Merced County Main Jail but was General as of February 2020. No perpe- Black also released a new single, Because of soon attacked. His lifeless body was carried trator has been identified, and Eastman’s You and an official music video in February. back to his cell by his assailants. A full day death appears unrelated to the attack on Promoters say the video was cut before his passed. A guard who went to get Cardoza the unnamed guard, who was treated at a 2019 arrest. for his court hearing found his body. His local hospital and released the next day. Of Georgia: McRae Correctional Facil- murder was captured on security cameras, the guard, FDOC Secretary Mark Inch ity is a private prison in Telfair County, but no one was watching. A 2008 review said, “He showed extraordinary courage, operated by CoreCivic under contract of the jail called it “deplorable.” In 2013, and his teammates are to be commended with the Federal Bureau of Prisons and Merced County failed to document the jail’s for their quick response. We appreciate housing non-citizens. In August 2019, defects in order to qualify for state “realign- our correctional officers who serve in this Michael Kerr, 30, of Vidalia was hit with ment” money to relieve unconstitutional often-overlooked profession dedicated to a 14-count indictment for taking bribes in overcrowding. Gang violence had escalated public safety.” Inch declined to comment exchange for smuggling cigarettes to an and taken advantage of the many blind on Eastman’s death. unnamed prisoner. The indictment alleges spots in the facility which was built in 1968. Florida: On December 12, 2019, a 12 payments totaling $5,790, the amount The Merced County District Attorney’s judge granted Kenzi Dunn’s motion for the government seeks in forfeiture. Kerr Office announced in July 2019, that it was early release, citing “extreme distress” after claimed to have only accepted a single pursuing the death penalty against Santiago she miscarried in an Osceola County Jail $100 bribe, leading to the single count of Martinez, 28, the main suspect in Cardoza’s cell toilet. She was serving a four-month making a false statement to law enforce- murder. Governor Gavin Newsom signed sentence for a probation violation. Dunn, ment. It is unclear if Kerr resigned or was an executive moratorium on California 21, found out she was pregnant when she fired by CoreCivic. “Bribery and smuggling executions in March 2019, but prosecutors was booked into the jail in October 2019. contraband into federal prisons will not be noted that the Martinez case and appeal She was 13 weeks along, when she began tolerated, and our agents will continue to would probably not conclude until well after bleeding on December 4, 2019, three weeks root out these schemes,” said Special Agent Newsom was no longer governor. before her scheduled release. “‘It was tor- in Charge, James F. Boyersmith. China: February 2020 saw 500 con- ture,” Dunn said, “I was laying in my bed Iran: To stem the spread of Covid-19 firmed coronavirus cases in prisons south full of blood and they never came back to infections in Iran’s crowded jails, the of Beijing. Of those, 230 were diagnosed in check on me.” Dunn hired attorney Mark country has temporarily released more the Wuhan’s women’s prison, whose director O’Mara in January 2020 to take legal action than 54,000 prisoners. Prisoners must test was dismissed. About 200 prisoners and against the jail and Armor Correctional negative for the virus and post bail. Ghol- seven guards tested positive at Rencheng Health, the medical care contractor. Dunn amhossein Esmaili, a judiciary spokesman, prison in Shandong province; seven prison claims Armor nurses said nothing could assured the public that “security prisoners,” officials and the Shandong Department be done about her bleeding and, later, that those serving sentences longer than five of Justice party secretary were removed. doctors were not available on weekends. She years, would not be eligible. British-Iranian Shilifeng prison in Zhejiang had only 34 was finally taken to a hospital on December charity worker Nazanin Zaghari-Ratcliffe prisoners infected, but two prison officials 9, then back to the same cell the following was convicted on espionage charges and were fired. Chinese state media had featured day. On January 15, 2020, Armor denied sentenced to five years in 2016. She and the story of Peng Yinhua, 29, a respiratory negligence, “We found that all policies and the UK insist she is innocent. Zaghari- and critical care doctor at the First People’s procedures were followed.” Ratcliffe was released from Tehran’s Evin Hospital in the Jiangxia district, who had Florida: “They don’t let me see him. prison. Zaghari-Ratcliffe’s husband feared delayed his wedding to continue working They don’t want my son happy, that’s why that she had contracted Coronavirus. A UK against the coronavirus. He was admitted they don’t let me see him,” said Marlene Foreign Office spokesman said, “We call on as a patient in January and died, despite Simmons, the mother of Florida rapper the Iranian government to immediately al- emergency treatment in February. Wuhan Kodak Black, 23. Black, born Dieuson low health professionals into Evin prison to officials announced planned “condolence Octave, was sentenced to 46 months in assess the situation of British-Iranian dual funds” of 5000 yuan ($719) for families of prison in November 2019 for lying on nationals there.” Experts from the World those who die because of the virus. background check forms to buy guns. His Health Organization (WHO) were sent Florida: Donald Eastman’s body was family announced plans to sue the BOP in to Iran, where 23 members of the 290 seat discovered on June 26, 2019, at the Mayo January 2020 for violating his and other Parliament have already tested positive. Correctional Institution Annex, the same prisoners’ civil rights while at FDC Miami. Italy: Protests in Italy’s overcrowded day two prisoners attacked and seriously But when his lawyer, Benjamin Crump, prisons erupted in March fueled by corona- injured a guard with “improvised weapons” took them to visit and discuss the case, virus anxieties and containment measures. in a different part of the prison, according Black was gone, moved out of state to FTC Italian prisons are notoriously overcapacity, to a DOC spokesman. Eastman had a rap Big Sandy in Inez, Kentucky. In February with the nationwide average at 120 percent. sheet stretching back to 1980 for mostly 2020, Black filed an appeal. The judge had San Vittore was built for 700 but houses Prison Legal News 63 April 2020 News In Brief (cont.) assaulting him with a dangerous weapon. with barriers to employment: people com- The episode took place in August 2016, ing out of prison and/or drug treatment and the FBI Louisville Field Office inves- programs. Our vision is to do that by creat- 1,200 prisoners; prosecutors climbed onto tigated. Eakes and two female jailers went ing jobs in the food industry and eventually the roof to listen to protesters’ grievances. to the cell of a suicidal prisoner. Following we’ll transfer majority ownership to the At least 50 prisoners escaped from the jail procedure, they stripped the prisoner, workforce in those businesses.” Foggia prison by climbing the fence, while removed all possessions and left him with New Jersey: Alia Imad Faleh Al Hu- riot police tried to hold them back. Forty an anti-suicide garment. After the door naity, 44, a naturalized U.S. citizen from have been recaptured. Riots occurred in was locked, the prisoner cursed at Eakes. Jordan, was sentenced in March 2020 to 70 24 lock-ups, with six prisoners in Modena According to a Department of Justice months in prison for enslaving a Sri Lankan overdosing on methadone after breaking press release, Eakes “ordered that the door in her home. She also was ordered to pay into an infirmary. While the government be unlocked, removed his Taser from his the victim $1.2 million in restitution and has instituted sweeping measures to avoid holster, opened the door, and immediately will be under three years’ supervised release mass gatherings, existing prison conditions shot L.B. with his Taser. Eakes then entered when she gets out of prison. Hunaity was make those populations most vulnerable L.B.’s cell, and, while activating the Taser, convicted in May 2019 by a federal jury and they know it. Advocates are advising repeatedly yelled at L.B. not to curse at him on charges of forced labor, alien harboring wardens to allow greater access to infor- again. Despite the fact that L.B. took no ag- for financial gain and marriage fraud. The mation and more phone calls to family gressive action towards Eakes and remained victim was brought to New Jersey in 2009 members, stating, “The difficulty of ac- slumped against the cell wall, Eakes tased on a temporary visa with promises of a bet- cepting extreme measures is accentuated L.B. two additional times.” Eakes was sen- ter life. Hunaity works as a cancer research in places where people don’t have any free- tenced to four years in prison and one-year scientist in New York state. She forced the dom.” Secretary General of the Penitentiary supervised release. victim to cook and clean Hunaity’s homes Police Union Donato Capece told reporters. Louisiana: Ten prisoners were taken in Woodland Park and Secaucus, and work “The administration is completely absent. to area hospitals after a freak lightning as nanny to her three children without pay. They have left the penitentiary police in strike in the recreation yard of the David One of the triplets has cystic fibrosis. U.S. jeopardy.” Wade Correctional Center in Homer on District Judge Robert Kugler stated that Japan: To celebrate Emperor Na- September 9, 2019. Prison officials did not Hunaity also “forced the victim into a sham ruhito’s enthronement ceremony in October release the names of the injured. The men marriage” to obtain legal U.S. residence. 2019, the government approved granting were playing flag football in the yard about The victim wanted leniency because of her nearly 550,000 pardons to prisoners whose 6 p.m., when lightning struck the ground children, but the judge believed Hunaity convictions were more than three years near them. Nine were back from hospital showed no remorse. prior and were for minor infractions. Ap- the next day after treatment for cuts, bruises, North Carolina: “If you’re a Muslim proximately 80 percent were involved in headaches, disorientation and dizziness; one in here, you’re gonna’ get a Bible as well traffic violations or accidents. The Justice stayed at Northwest Louisiana Hospital in as a Quran, because that’s my mandate,” Ministry stated that the enthronement is critical condition. Prison officials were quick former High Point Jail Ministry chaplain, “an opportunity for the citizens of Japan to to note, “It is David Wade Correctional Rick Taylor told the local newspaper in cleanse their spirit and start anew.” Upon Center’s procedure to clear the yard when April 2019. He also said he worked with request, special clemency will be granted potentially dangerous weather approaches.” people with depression, suicidal thoughts, to people with suspended sentences due to No further information was released. addiction, and other mental health issues hospitalization, most of whom are over 70 Michigan: RecoveryPark in Detroit by sharing Christ to help them. That same years old. Japan’s modern constitution was began in 2010 to launch a new vision of month, Sheriff Danny Rogers decided to introduced in 1947. Since then, criminal community development around urban restructure the religious programs at the jail. pardons have been issued 10 times to mark farming and food production, just as the Administrative director for the Guilford significant national events. Ten million “eat local” movement was emerging. It County Sheriff ’s Office Catherine Netter people received amnesty in 1989 to mark took over a 22-block area (105 acres) in said, “Sheriff Rogers has decided to restruc- the death of Emperor Showa. Some 2.5 the city’s lower east side. The mission was ture the ministry program for the High million people were pardoned the next to create jobs for recovering addicts and Point Jail and expand the reach to ensure all year to celebrate the enthronement of Na- former prisoners re-entering the job market. religious denominations are being served” ruhito’s father, Emperor Akihito. Japan is None of its workers has returned to prison. She declined to say if the restructuring was a constitutional monarchy and the role of In July 2019, RecoveryPark was plagued by in response to Taylor’s comments, but the Emperor is largely ceremonial. The Japanese a rash of three robberies in the same week; chaplain was fired in April. In July, the High monarchy, also referred to as the Yamato over $25,000 in equipment was stolen. The Point Jail Ministry, founded in 1991, closed Dynasty, is the oldest continuous hereditary setback was temporary. Investors have made after nearly 30 years. Its mission, stated on monarchy in the world. it possible for the project to expand to com- its Facebook page, had included “saving Kentucky: In May 2019, former Ful- mercial scale hydroponics. The first crop of lost souls and changing lives in our jail and ton County Detention Center jailer James baby lettuce is expected to be harvested in prison systems.” Eakes was convicted by a federal jury for August 2020. CEO Gary Wozniak said, North Carolina: Ruth Bryant turned violating the civil rights of a prisoner by “Our mission is to create jobs for people 100 on March 4, 2020. She stands 5-feet April 2020 64 Prison Legal News 1-inch, according to her mugshot at the was confined to a restraint chair and fitted trial on a fifth-degree felony escape charge Person County Jail in Roxboro, North Car- with a “spit hood.” The two were sentenced is scheduled for April 2020. olina. “I’m in the jail-house now! I finally in February 2020 in the Cuyahoga County Russia: On February 12, 2020, got here!” she announced after deputies Court of Common Pleas. Nicholas Evans moments after Viktor Sviridov was sen- presented her with an orange “PERSON will serve nine months in prison and Timo- tenced to three years in a prison colony COUNTY JAIL” T-shirt. Sheriff ’s officers thy Dugan only 10 days. Both resigned. for extorting 10 million rubles ($158,200) arrived at Bryant’s assisted living facility Debose considers the sentences a “slap on from former Russian Federal Peniten- with an arrest warrant for indecent exposure the wrist” and is expected to file a civil suit tiary Service Deputy Director Alexander on her birthday. The men handcuffed her to against Cuyahoga County. The jail has been Sapozhnikov, Sviridov shot himself in the her walker and put her in a patrol car. “Don’t under scrutiny since eight prisoner deaths head with a handgun. Emergency services kick me; I’ve got a bad knee!” cautioned one in 2018. told the Russian state news agency TASS, of the arresting officers. “I’ve got two bad Ohio: The minimum-security wing of “After the guilty verdict was handed down, knees!” retorted Bryant. She was whisked the Columbiana County Jail used to be a Sviridov committed suicide. He died on to jail with sirens blaring. It turned out county nursing home. In June 2019, three the spot.” Russian authorities claimed the whole thing was a stunt as going to men escaped through the shower area by that the bag Sviridov pulled the gun from jail was on Bryant’s bucket list. A party breaking a window and cutting the security had been “properly inspected” when he and birthday cake were waiting for her at fence. Michael Conzett changed his mind carried it inside. Bailiffs had only found a the facility when she returned. TV station and went back to the jail, but Anthony flask filled with alcohol on him. Sviridov, KOKH FOX 25 posted video of the arrest Wagoner of East Liverpool and Michael 71, had stage four cancer. His attorney, on its Facebook page. Hover Jr. of Salem were homesick. Those Grigory Ivanishchev, said his client had Ohio: “Inmates do not surrender their two were on the lam for two days before expected a not-guilty verdict. “I associate human dignity along with their freedom. being re-captured at their respective homes this [suicide] with the court’s decision,” These two men abused their authority to after tips were called in to police. St. Clair he said. Both the defense and the victim’s pound a prisoner strapped to a chair. We Township’s police dog, Axel, was sent into representatives requested leniency in the wouldn’t stand for a dog to be treated like Wagoner’s house. He ran out the back case. Three years was less than half of that – let alone by someone exercising the and was subdued after two stun gun shots. the seven-year minimum provided for in authority of the State,” Ohio Attorney Hover pleaded guilty to escape in Febru- Russian extortion laws. Sviridov had been General Dave Yost said in a press release ary 2020 and was sentenced to 24 months, head of the federal prison service’s motor after two Cuyahoga County jailers plead concurrent with his previous sentences, transport department. He had previously guilty in the March 2019 beating of Ter- adding 14 months to his total time. Wag- served as a liquidator following the Cher- rance Debose, 47. Jail surveillance cameras oner previously pleaded guilty to escape and nobyl nuclear disaster. recorded Nicholas Evans turning off his evidence tampering, but skipped his Febru- South Carolina: Kenney Boone had bodycam before he and Timothy Dugan ary 2020 sentencing hearings, prompting a been Florence County’s sheriff since 2004, pummeled the mentally ill prisoner who bench warrant to be issued. Conzett’s jury when he pleaded guilty to embezzlement

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Prison Legal News 65 April 2020 News In Brief (cont.) in protective custody at the Darlington and providing them to inmates.” The drugs County Sheriff ’s Office. in question were alleged to be Suboxone. South Carolina: Former Postal Cen- The presentment states Carr possessed a and misconduct in January 2020 for using ter Director for McCormick Correctional Taurus .45 ACP pistol “with the intent federal drug money to buy personal items. Institution Brenda Wideman, 59, was ar- to go armed during the commission of a Judge William McKinnon gave Boone a rested and fired in July 2019. The arrest dangerous felony.” The “dangerous felony” five-year suspended sentence, with Boone warrant states, “Probable cause based on was not specified. Carr was initially arrested agreeing to pay $16,000 in restitution. In investigation, recovery of evidence and a in June 2019 and District Attorney General February, the ousted sheriff was charged statement of subject.” Wideman is accused Ray Crouch asked the Tennessee Bureau of with second-degree domestic violence of giving contraband food and clothing to Investigation to help with the investiga- and animal abuse after threatening his a prisoner. Upon arrest, she admitted to tion. Carr was booked into the Cheatham wife with a baseball bat and hitting the knowing that prisoners received packages County Jail, then moved to Montgomery family cat. Their daughter called 911. He through the mail containing tobacco and County Jail for his safety. Online sources was booked into the Darlington County marijuana but did not report the incidents. show him later transferred to “another jail, then moved to the Florence County The warrant further alleges that Wideman authority.” Detention Center. In March, Circuit Judge was given cash by prisoners for her coop- Tennessee: Two deadly tornadoes Paul Burch revoked Boone’s bond after he eration. The South Carolina Department with winds up to 175 mph ripped through went to the gym where his wife works out, of Corrections Police Services released the central Tennessee on March 3, 2020, killing violating his probation agreement. Anna arrest warrant. 24 people. An architectural casualty was the Boone, his wife spoke in his defense, “I Tennessee: A Cheatham County Victorian style Tennessee State Prison near believe the conditions of the bond are far Grand Jury presentment was filed in No- Nashville, formerly the Tennessee State too restrictive on Kenney. It was never my vember 2019 against former Cheatham Penitentiary. The prison was built using intention for Kenney to be arrested, and County jailer Mason Carr, 23. According to mostly prison labor and opened in 1898. I was never afraid of Kenney harming me Cheatham County Sheriff Mike Breedlove, Built for 800, it housed 1400 prisoners on or the children.” Boone was being held Carr “was introducing drugs into the facility day one and remained over-capacity until

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April 2020 66 Prison Legal News it was closed in 1992, due to a class action control a detainee that otherwise cannot from his job as a guard at the Rio Grande lawsuit, Grubbs v. Bradley. A permanent be controlled by any other means or for Detention Center. He had worked there injunction was ordered prohibiting the state personal protection for an aggressive in- since 2014. Lopez, driving a black Ford from ever housing another prisoner there, mate.” The attorney for former Claiborne Explorer, had been pulled over by a state citing it as “unfit for human habitation.” County assistant jail administrator Mark trooper for a traffic violation on U.S. 59. Still owned and operated by the state, the Steven Ellis, 38, believes his client would The trooper found 15 bales of marijuana, old pen’s castle-like façade made it a favorite not have been indicted, if the policy had with a street value of $140,000, in the cargo location in at least nine films, most notably been revealed to the grand jury. Ellis was area. According to the Texas Department of The Green Mile and Walk the Line. It has indicted in July 2019 on one count each of Public Safety, the contraband weighed 280 also been a backdrop in numerous music official oppression and assault for a single pounds. Lopez was booked into the Webb videos. Nashville film producer Brian Sis- stun gun shot while guards struggled to County Jail before being released on bond. kind posted online, “The weight of the loss place prisoner Robert Davis Jr. in a restraint In November 2019, Lopez was arrested of this building will be felt for many as it chair in May 2019. Witnesses claim Ellis again, charged with unauthorized use of a was a tie to their past, in darkness or light.” also smacked the prisoner. According to El- motor vehicle. In August 2019. Lopez took Tennessee: Lauderdale County Dis- lis’s incident report: Davis punched, kicked his ex-wife’s keys from her purse, when he trict Attorney Mark Davidson announced and spat in the struggle. “The Taser had the dropped his children off at her house. He in February 2020 that his office has filed a appropriate effect and inmate Robert Davis came back later that night to take the Ford notice of intent to seek the death penalty (then) complied with commands. No offi- Explorer. The Laredo PD auto-theft task if Curtis Ray Watson is convicted of the cers or inmate was harmed.” Ellis was fired force brought the case to an assistant district August 2019 rape and murder of West and turned himself in after the indictment. attorney, who approved the arrest warrant. Tennessee State Penitentiary administrator He posted $5,000 bond. Ellis’ father, Steven Lopez is again out on bond. Debra Johnson. [See: PLN, January 2020, p. Ellis, the former chief jail administrator, Virginia: The Department of Cor- 26] Johnson was the first TDOC employee quit over the incident. rections announced plans to spend $13.6 killed in the line of duty in 15 years Texas: A GEO Group spokesman million to replace all cell doors at Sussex Tennessee: Claiborne County Sher- confirmed in May 2019, that Manuel I and II high security state prisons in iff ’s Office policies ban using stun guns Lopez III, 25, of Laredo had resigned to punish inmates but allow their use “to Freaky & Sexy Pixs by Street Pixs Special 100 Pixs for $25. Please Everything Books Sexy Photos. Many to choose from. send 2 Forever stamps w. SASE We have books for everyone: Send SASE w 2 stamps for list. for Catalogs mystery, religious, urban, more. Starline Pics STREET PIXS, PO Box 302 Free catalog: Send SASE to PO Box 401016 Humble, TX 77347-0302 PO Box 5626 Katy, TX 77491 Las Vegas, NV 89140 We also offer PenPals & Gifts

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Prison Legal News 67 April 2020 News In Brief (cont.) the fire marshal’s office to assess emergency contracted with the Rockbridge Regional requirements. Jail. The pharmaceutical company provided Virginia: A federal grand jury in U.S. the drugs as a perk to keep the jail contract. Waverly, because prisoners are jamming District Court for the Western District of The new charges in the superseding indict- them and can leave their cells without staff Virginia in Roanoke returned a superseding ment also allege that Higgins agreed to knowledge or approval, making the facility indictment in June 2019, adding 15 charges accept items of value from a Rockbridge unsafe. The project is slated to begin in April against John Marshall Higgins, the former Regional Jail prisoner’s family in exchange 2020 and take three years to complete. The Rockbridge County Regional Jail superin- for providing preferential treatment. Hig- existing doors are opened and closed from tendent. The August 2018 indictment (See gins’ federal jury trial has been rescheduled each pod’s control booth, but on a different PLN, February 2019, p.41) included counts to April 2020. Hassler was found guilty on design than at other VADOC facilities. against Higgins and former RCRJ head one count of falsifying medical documents During the transition, keyed locks will be nurse Gary Andrew Hassler. The new mail at his July 2019 trial. He was sentenced to added and staff numbers will be boosted fraud charges allege that Higgins accepted one year in federal prison. Higgins contin- to facilitate any emergency evacuation that prescription drugs, without charge, for per- ued on the Rockbridge County Board of might arise. The VADOC is working with sonal use from a pharmaceutical company Supervisors through 2019.

Criminal Justice Resources Amnesty International Critical Resistance and how and why they occur. Their content is Campaigns for the worldwide abolition of the Seeks to build an international movement to available online, which includes all back issues death penalty. Publishes information on torture, abolish the Prison Industrial Complex, with offices of the Justice Denied magazine and a database gun violence, counter-terrorism, refugees’ rights in California, New York, and Portland, Oregon. Pub- of more than 4,500 wrongfully convicted people. and other human rights issues. No legal services lishes The Abolitionist newsletter. Contact: Critical Contact: Justice Denied, P.O. Box 66291, Seattle, are provided. Reports on the U.S. and other coun- Resistance, 1904 Franklin Street #504, Oakland, CA WA 98166. www.justicedenied.org tries are available online at: www.amnesty.org. 94612 (510) 444-0484. www.criticalresistance.org National CURE Black and Pink FAMM Citizens United for Rehabilitation of Errants (CURE) FAMM (Families Against Mandatory Minimums) is a national organization with state and special Black and Pink is an open family of lesbian, gay, interest chapters (such as federal prisoners and bisexual, transgender and queer prisoners and advocates against mandatory minimum sentenc- ing laws with an emphasis on federal laws, and sex offenders) that advocates for rehabilitative “free world” allies who support each other. A opportunities for prisoners and less reliance on national organization, Black and Pink reaches works to “shift resources from excessive incarcera- tion to law enforcement and other programs incarceration. Publishes the CURE Newsletter, $2 thousands of prisoners across the country and annual membership for prisoners. Contact: CURE, provides a free monthly newspaper of prisoner- proven to reduce crime and recidivism.” Contact: FAMM, 1100 H Street, NW #1000, Washington, DC P.O. Box 2310, Washington, DC 20013-2310 (202) generated content, a free (non-sexual) pen-pal 789-2126. www.curenational.org program and connections with anti-prison 20005 (202) 822-6700. www.famm.org movement organizing. Contact: Black and Pink, The Fortune Society National Resource Center on Children 6223 Maple St. #4600, Omaha, NE 68104 (531) Provides post-release services and programs for and Families of the Incarcerated 600-9089. www.blackandpink.org prisoners in the New York City area and occasion- Primarily provides research, fact sheets and a program directory related to families of prisoners, Center for Health Justice ally publishes Fortune News, a free publication for prisoners that deals with criminal justice issues, parenting, children of prisoners, prison visitation, Formerly CorrectHELP. Provides information primarily in New York. Contact: The Fortune mothers and fathers in prison, etc. Contact: NRC- related to HIV in prison – contact them if you Society, 29-76 Northern Blvd., Long Island City, NY CFI at Rutgers-Camden, 405-7 Cooper St. Room, are not receiving proper HIV medication or are 11101 (212) 691-7554. www.fortunesociety.org 103, Camden, NJ 08102 (856) 225-2718. https:// denied access to programs due to your HIV sta- nrccfi.camden.rutgers.edu. tus. Contact: CHJ, 900 Avila Street, Suite 301, Los Innocence Project Angeles, CA 90012 (213) 229-0985; HIV Hotline: Provides advocacy for wrongfully convicted November Coalition (213) 229-0985 (collect calls from prisoners OK). prisoners whose cases involve DNA evidence and Advocates against the war on drugs and previ- www.centerforhealthjustice.org are at the post-conviction appeal stage. Maintains ously published the Razor Wire, a bi-annual news- letter on drug war-related issues, releasing drug Centurion Ministries an online list of state-by-state innocence projects. Contact: Innocence Project, 40 Worth St., Suite war prisoners and restoring civil rights. No longer Centurion is an investigative and advocacy 701, New York, NY 10013 (212) 364-5340. www. published, back issues are available online. Con- organization that considers cases of factual in- innocenceproject.org tact: November Coalition, 282 West Astor, Colville, nocence. Centurion does not take on accidental WA 99114 (509) 680-4679. www.november.org death or self-defense cases or cases where the Just Detention International defendant had any involvement whatsoever in Formerly Stop Prisoner Rape, JDI seeks to end sex- Prison Activist Resource Center the crime. In cases involving sexual assault, a ual violence against prisoners. Provides resources PARC is a prison abolitionist group committed to forensic component is required. Cases that meet for imprisoned and released rape survivors and exposing and challenging all forms of institution- this criteria may send a 2-4 page letter outlining activists for almost every state. Contact: JDI, 3325 alized racism, sexism, able-ism, heterosexism and the facts of the case, including the crime you Wilshire Blvd. #340, Los Angeles, CA 90010 (213) classism, specifically within the Prison Industrial were convicted of, the evidence against you and 384-1400. www.justdetention.org Complex. PARC produces a free resource direc- why you were arrested. You will receive a return tory for prisoners and supports activists working letter of acknowledgement. Contact: Centurion, Justice Denied to expose and end the abuses of the Prison 1000 Herrontown Rd., Clock Bldg. 2nd Fl., Princ- Although no longer publishing a print magazine, Industrial Complex and mass incarceration. eton, NJ 08540. www.centurion.org Justice Denied continues to provide the most Contact: PARC, P.O. Box 70447, Oakland, CA 94612 comprehensive coverage of wrongful convictions (510) 893-4648. www.prisonactivist.org

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Protecting Your Health and Safety, by Robert E. Toone, Southern Prison Profiteers: Who Makes Money from Mass Incarceration, Poverty Law Center, 325 pages. $10.00. This book explains basic rights edited by Paul Wright and Tara Herivel, 323 pages. $24.95. This is the that prisoners have in a jail or prison in the U.S. It deals mainly with third book in a series of Prison Legal News anthologies that examines rights related to health and safety, such as communicable diseases and abuse by prison officials; it also explains how to enforce the reality of mass imprisonment in America. Prison Profiteers is unique from other books because it exposes and discusses who profits and your rights, including through litigation. 1060 benefits from mass imprisonment, rather than who is

harmed by it and how. 1063 Spanish-English/English-Spanish Dictionary, 2nd ed., Random House. 694 pages. . Has 145,000+ entries from A to Z; includes $15.95 Prison Education Guide, by Christopher Zoukis, PLN Publishing (2016), Western Hemisphere usage. 1034a 269 pages. $49.95. This book includes up-to-date information on pursuing educational coursework by correspondence, including high Writing to Win: The Legal Writer, by Steven D. Stark, Broadway Books/Random school, college, paralegal and religious studies. 2019 House, 303 pages. $19.95. Explains the writing of effective com- plaints, responses, briefs, motions and other legal papers. 1035 The Habeas Citebook: Ineffective Assistance of Counsel, 2nd Ed. Roget’s Thesaurus, 709 pages. $9.95. Helps you find the right word for (2016) by Brandon Sample, PLN Publishing, 275 pages. $49.95. This is an what you want to say. 11,000 words listed alphabetically with over 200,000 updated version of PLN’s second book, by former federal prisoner Bran- synonyms and antonyms. Sample sentences and parts of speech shown for don Sample, which extensively covers ineffective assistance of every main word. Covers all levels of vocabulary and identi- counsel issues in federal habeas petitions. 2021 fies informal and slang words. 1045 Prison Nation: The Warehousing of America’s Poor, edited by Tara Beyond Bars, Rejoining Society After Prison, by Jeffrey Ian Ross, Ph.D. Herivel and Paul Wright, 332 pages. . PLN’s second anthology $35.95 and Stephen C. Richards, Ph.D., Alpha, 224 pages. . Beyond Bars is a exposes the dark side of the ‘lock-em-up’ political agenda and $14.95 practical and comprehensive guide for ex-convicts and their families for legal climate in the U.S. 1041 managing successful re-entry into the community, and includes information The Celling of America, An Inside Look at the U.S. Prison Industry, about budgets, job searches, family issues, preparing for edited by Daniel Burton Rose, Dan Pens and Paul Wright, 264 pages. release while still incarcerated, and more. 1080 $22.95. PLN’s first anthology presents a detailed “inside” look at the workings of the American justice system. 1001 The Federal Rules of Civil Procedure, Practitioner’s Desk Reference 2017, by A. Benjamin Spender, 439 pages. $54.95. This concise compilation The Criminal Law Handbook: Know Your Rights, Survive the System, by of the Federal Rules of Civil Procedure and portions of Title 28 of the U.S. Attorneys Paul Bergman & Sara J. Berman-Barrett, Nolo Press, 642 pages. Code most pertinent to federal civil litigation provides attorneys and pro se $39.99. Explains what happens in a criminal case from being arrested to sentenc- litigants with a handy resource that facilitates quick reference ing, and what your rights are at each stage of the process. Uses an to the Rules. 1095 easy to understand question-and-answer format. 1038 Merriam-Webster’s Dictionary of Law, 634 pages. $19.95. Includes defi- Represent Yourself in Court: How to Prepare & Try a Winning Case, by nitions for more than 10,000 legal words and phrases, plus pronunciations, Attorneys Paul Bergman & Sara J. Berman-Barrett, Nolo Press, 536 pages. supplementary notes and special sections on the judicial system, historic $39.99. Breaks down the civil trial process in easy-to-understand laws and selected important cases. Great reference for jail- steps so you can effectively represent yourself in court. 1037 house lawyers who need to learn legal terminology. 2018 The Merriam-Webster Dictionary, 2016 edition, 939 pages. $9.95. This The Best 500+ Non Profit Organizations for Prisoners and Their paperback dictionary is a handy reference for the most com- Families, 5th edition, 170 pages. $19.99. The only comprehensive, up-to- mon English words, with more than 75,000 entries. 2015 date book of non-profit organizations specifically for prisoners and their families. Cross referenced by state, organization name and The Blue Book of Grammar and Punctuation, by Jane Straus, 201 subject area. Find what you want fast! 2020 pages. $19.99. A guide to grammar and punctuation by an ed- ucator with experience teaching English to prisoners. 1046

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* ALL BOOKS SOLD BY PLN ARE SOFTCOVER / PAPERBACK * Prison Legal News 69 April 2020 Hepatitis and Liver Disease: What You Need to Know, by Melissa Palmer, Federal Prison Handbook, by Christopher Zoukis, 493 pages. $29.95. MD, 471 pages. $19.99. Describes symptoms & treatments of Hepatitis B & C and This leading survival guide to the federal Bureau of Prisons teaches current other liver diseases. Discusses medications to avoid, diets to follow and soon-to-be federal prisoners everything they need to and exercises to perform, plus includes a bibliography. 1031 know about BOP life, policies and operations. 2022 Criminal Procedure: Constitutional Limitations, 8th ed., by Jerold H. Federal Rules of Evidence in a Nutshell, 9th ed., by Paul F. Rothstein, Israel and Wayne R. LaFave, 557 pages. $49.95. This book is intended for Myrna S. Raeder and David Crump, 816 pages. $49.95. This succinct over- view presents accurate law, policy, analysis and insights into use by law students of constitutional criminal procedure, and examines constitutional standards in criminal cases. 1085 the evidentiary process in federal courts. 1093 Prisoners’ Self-Help Litigation Manual, updated 4th ed. (2010), by John Civil Procedure in a Nutshell, 8th edition, by Mary Kay Kane, 334 pages. . This comprehensive guide provides a succinct over- Boston and Daniel Manville, Oxford Univ. Press, 928 pages. $54.95. The $49.95 premiere, must-have “Bible” of prison litigation for current and aspiring view of procedural rules in civil cases. 1094 jail-house lawyers. If you plan to litigate a prison or jail civil suit, this book Nolo’s Plain-English Law Dictionary, by Gerald N. Hill and Kathleen is a must-have. Includes detailed instructions and thousands T. Hill, 477 pages. $29.99. Find terms you can use to understand and access of case citations. Highly recommended! 1077 the law. Contains 3,800 easy-to-read definitions for common How to Win Your Personal Injury Claim, by Atty. Joseph Matthews, 9th (and not so common) legal terms. 3001 edition, NOLO Press, 411 pages. . While not specifically for prison- $34.99 Win Your Case, by Gerry Spence, 287 pages. $21.95. Relying on the suc- related personal injury cases, this book provides comprehensive informa- cessful methods he has developed over more than 50 years, Spence, an tion on how to handle personal injury and property damage attorney who has never lost a criminal case, describes how to claims arising from accidents. 1075 win through a step-by-step process 1092 Sue the Doctor and Win! Victim’s Guide to Secrets of Malpractice Disciplinary Self-Help Litigation Manual, by Daniel Manville, 355 Lawsuits, by Lewis Laska, 336 pages. $39.95. Written for victims of medi- pages. $49.95. By the co-author of the Prisoners’ Self-Help Litigation Manual, cal malpractice/neglect, to prepare for litigation. Note that this book ad- this book provides detailed information about prisoners’ rights in discipli- dresses medical malpractice claims and issues in general, not nary hearings and how to enforce those rights in court. Includes state-by- specifically related to prisoners. 1079 state case law on prison disciplinary issues. This is the third book published by PLN Publishing. 2017 Advanced Criminal Procedure in a Nutshell, by Mark E. Cammack and Norman M. Garland, 3rd edition, 534 pages. $49.95. This text is designed NEW! The Habeas Citebook: Prosecutorial Misconduct, by Alissa for supplemental reading in an advanced criminal procedure course on the Hull, 300 pages. $59.95. This book is designed to help pro se litigants iden- tify and raise viable claims for habeas corpus relief based on prosecutorial post-investigation processing of a criminal case, including prosecution and adjudication. 1090a misconduct. Contains hundreds of useful case citations from all 50 states and on the federal level. 2023 Subscription Rates Subscription Bonuses

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Criminal Legal News PUBLISHED BY THE HUMAN RIGHTS DEFENSE CENTER VOL. 1 No. 8 ISSN 2576-9987 (Print) ISSN 2577-0004 (Online) Criminal Legal News Dedicated to Protecting Human Rights Cell-Site Simulators: Police Use Military Technology to Reach out and Spy on You July 2018

Criminal Legal News is the sister publication of Prison Legal News. Both are published monthly aw enforcement agencies nation Lwide are employing technology, designed by Christopher Zoukis for military use in foreign lands, in order to- nated efforts of criminal defense attorneys, is track the location of U.S. citizens on Ameri leading to greater public and judicial aware can soil. And authorities — all the way up to ness of the nature and use of stingrays. the FBI — have gone to great lengths to hide- devices cost law enforcement agencies between by the Human Rights Defense Center, Inc. Same timely, relevant, and practical legal news and the surveillance system from the public, the Courts are beginning to grapple with- $200,000 and $500,000 each. the Fourth Amendment implications of criminal defense bar, and even the judiciary. their usage. Even the Department of Justice According to USASpending.gov, Harris Corporation received $3.6 million in federal Cell-site simulators, also known as sting (“DOJ”) recognizes that their intrusive nature funding and held more than 2,000 federal rays, trick cellphones into connecting to the implicates constitutional privacy protections. contracts in 2017 alone. device instead of an actual cell tower. Police- DOJ policy now requires that all federal law- operating the devices can track the location enforcement agencies obtain a full, probable Law enforcement agencies in 23 states features as PLN, BUT CLN provides legal news you can use about the criminal justice system of all connected cellphones within a certain and the District of Columbia were using cause-supported search warrant prior to em stingray technology as of 2016. And, accord- radius, and also can potentially intercept ploying the devices. metadata about phone calls (the number called ing to a 2017 Cato Institute report, multiple But the DOJ policy is not law, and not- federal agencies in addition to the FBI use Criminaland length of the call), the content of phone allLegal courts require law enforcement to Newsobtain the technology, including the ATF, DHS, calls and text messages, as well as the nature of a warrant prior to using a stingray. Moreover, ICE, DEA, NSA, U.S. Marshals Service, and data usage — including browser information. no legal changes short of an outright ban on prior to confinement and post-conviction relief. Coverage includes: All of this takes place unbeknownst to users even the IRS. The Army, Navy, Marine Corps, the devices will change what they can do: and National Guard use cell-site simulator whose cellphones have been hijacked. hijack a cellphone and force it to report in to The growing use of stingray trackers the government, all while it sits quietly in an has alarmed privacy advocates and criminal unsuspecting user’s pocket. defense attorneys, but concerns over their use have been met with silence from police The Stingray Found Terrorists, INSIDE and prosecutors. Law enforcement in at least Now It Will Find You SCOTUS: Unexplained Habeas Decisions 23 states use the technology, as do a host of CriminalCell-site Legal simulators were first deNewsColumn: SCOTUS and Black Lives federal agencies. • Criminal Law & Procedure • Police Brutality veloped over two decades ago, as military 9 PUBLISHEDIn some cases, prosecutors BY haveTHE gone HUMANso technology. RIGHTS According to a 2016DEFENSE investigative CENTEROH S Ct Limits Inventory Search far as to dismiss criminal charges to avoid - 10 report by The Daily Dot, the original stingray disclosing any information about stingray use. Bail Reform in Alabama was developed by Harris Corporation, in 14 Incredibly, the FBI requires local law enforce VOL. 1 No. 1 conjunction with the Pentagon and federal 6th Cir.:December Anticipatory Search2017 Warrant ment authorities to accept aDedicated comprehensive to Protecting Human Rights 16 intelligence agencies. The technology was de nondisclosure agreement prior to being al Epidemic of Cops Shooting Dogs - signed for use on foreign battlefields in the 17 • Prosecutorial/Police Misconduct • Habeas Corpus Relief lowed to use stingrays. The agreements require 9th Cir.: CJ Not Crime of Violence war on terror and for use in other national police and prosecutors to refuse to hand over - 20 - security-related arenas. information about Absurd,stingray technology Abusive, or and Outrageous:Database of Police Criminality Harris, based in Melbourne, Florida, 23 usage to defense attorneys and judges alike. SCOTUS: Right to Assert Innocence The Creation of Crimeremains andthe leading Criminals manufacturer of cell-site in America 24 Successful Freedom of Information Act simulators. The company makes a variety of litigation, as well as the diligent and coordi Dominant Witness Theory bymodels, Christopher including the Zoukis first-generation Sting 28 WY S Ct ‘Castle Doctrine’ for Cohabitants • Ineffective Counsel • Sentencing Errors & Reform he U.S. is a world leader in the Theray authority and newer to arrest models people such and as HailStorm,en- solutions address symptoms of the illness, 34 - jailing and imprisoning of its own citi- force theArrowHead, criminal law AmberJack, at the initial and stage KingFish. is but The not- theCA illness Man Awarded itself. An $10 examination Million of T 37 zens. The FBI estimates that local, state, and vested almost exclusively within the broad some of the various outrageous and absurd News in Brief federal authorities have carried out more than discretion of the police. Police exercise their practices in the modern criminal justice system 38 a quarter-billion arrests in the past 20 years. authority to arrest liberally; statistics show illustrates just how far we have to go. 42 As a result, the American criminal justice that police arrest more than 11.5 million Crime Creation: • Militarization of Police • Surveillance State system is a robust behemoth that, across the people each year. country, costs taxpayers billions of dollars While the initial arrest decision is Legislatures at Work each year. important, the charging decisions made by The creation of law is the work of fed- The American criminal justice system prosecutors are, arguably, much more conse- eral and state legislatures. A significant change and the criminal law have their roots in Eng- quential. The power of the prosecutor in the to the criminal law in almost every American lish common law. Developed over hundreds modern American criminal justice system can jurisdiction in the last quarter century is the • Junk Science • Wrongful Convictions of years, the criminal law reflected what hardly be overstated, given the inordinately legislative manufacturing of habitual offender conduct English society and government high percentage of criminal cases that are charges and sentencing enhancements. These would not tolerate. Crimes developed either disposed of through plea agreements. The laws allow for significantly longer sentences as malum in se—criminal because of the prosecutorial discretion to charge the crimes innate wrongfulness of the act—or malum and enhancements deemed appropriate drives prohibitum—criminal because the govern- plea negotiations and ultimately convictions. INSIDE • False Confessions • Search & Seizure Violations ment decreed it. Mala in se crimes include Legislators, police, and prosecutors are murder and rape. Mala prohibita crimes powerful agents of crime creation, enforce- include everything from traffic tickets to drug ment, and control. As the criminal justice and gambling offenses. system has grown at the hands of this influen- Modern American criminal law has seen tial triad, it has crept even further into the lives an exponentialCriminal increase in mala prohibita of everyday Americans.Legal They include children News June 2018 crimes createdPUBLISHED by various legislatures. BY TheTHE who HUMAN are being pulled RIGHTS into the criminal DEFENSEjustice CENTER • Witness Misidentification • Paid/Incentivized Informants natural result of creating more and more system at an alarming rate. They also include crimes has been the filling of more and more the poor and homeless, for whom policies are VOL.jail cells1 No. with 7 newly-minted criminals. SomeDedicated of specifically to Protecting designed and implemented Human to Rightssuck ISSNthese 2576-9987 crimes (Print) are absurd, and some are outra- them into the system and ultimately to jail. ISSN 2577-0004 (Online) geous. Many are subject to shocking abuse in Policies that mandate the jailing of the poor the hands of police officers and prosecutors. simply for being unable to pay fines are alive • Post-Release Supervision • Police State in America The explosive increase in what types of and well in America. behaviorSex have Offender been criminalized is notRegistries: the Asby the Christopher American Common public Zoukis comes toSense grips of the or public, Nonsense? especially children. Congress only reason America arrests and imprisons with the out-of-control, all-consuming passed SORNA, for example, “[i]n order to The Adam Walsh Act repealed and replaced individuals in such large numbers. By design monster that the criminal justice system has protect the public from sex offenders and of- both Jacob’s Law and Megan’s Law. The or not, the criminal justice system in the U.S. become, efforts to address the situation have fenses against children. . . .” 34 U.S.C. § 20901. n October 1989, 11-year-old Jacob comprehensive Adam Walsh Act created a But the “protections” provided by sex has evolved into a relentless machine that is begun. Unfortunately, these efforts rely on IWetterling was kidnapped at gunpoint and national sex offender registry and mandated largely controlled by law enforcement authori- data and crime rate trends that do not tell the - offender registration and restriction laws are • Due Process Rights never seen again. that every state comply with Title I of the Act, based on faulty information and more than ties andWhen prosecutors. the boy’s mother, Patty Wetterling, whole story. Current legislative and executive - the Sex Offender Registration and Notifica one false premise. In passing registry laws, learned that her home state of Minnesota did tion Act (“SORNA”) or risk losing 10 percent- legislators frequently cite the high rates of not have a database of possible suspects—no of federal law enforcement funding. SORNA recidivism among sex offenders.McKune Judges v.do tably convicted sex offenders—she set out to requires, among other things, that states estab the same. In the 2002 opinion make a change. lish a three-tiered sex offender registry system, Lile, U.S. Supreme Court Justice Anthony Wetterling’s efforts led to the passage of with “Tier 3” offenders required to update Kennedy cited a “frightening and high” sex- the Jacob Wetterling Crimes Against Children their registry information every three months, offender recidivism rate of up to 80 percent. and Sexually Violent Offender Registration for life. SORNA also created the National Sex If it were true, that would, indeed, be Between the two publications, every possible interaction with the Act, which was signed into federal law by Offender public website, which had nearly 5 “frightening and high.” However, that figure - President Bill Clinton in 1994. Jacob’s Law million visits and 772 million hits by 2008. is flat-out wrong. Justice Kennedy based that was the first effort to establish a nationwide Full compliance with SORNA has prov registry of convicted sex offenders, but it was en costly, and many states have opted out. As not the last. - of 2014, only 17 states were in full compliance; INSIDE Soon after Jacob’s Law was enacted, the remaining 33 states have foregone their 11 criminal justice system is reported, analyzed, and exposed. 7-year-old Megan Kanka was raped and mur full federal law enforcement funding while NYPD Practice of ‘Testilying’ 12 dered by a neighbor with a previous conviction- remaining partially compliant. for sexual assault of a child. This heinous Despite many states choosing not to Will Dimaya End the Insanity? 14 crime led the state of New Jersey to pass Me comply with SORNA, a tremendous amount SCOTUS Strikes ‘Crime of Violence’ 16 gan’s Law, which required anyone “convicted, of sex-offender registry legislation has been adjudicated delinquent or found not guilty enacted across the country since the 1990s. Book Review: Habeas Handbook 2.0 18 by reason of insanity for commission of a sex These laws have gone well beyond keeping a Column: Habeas Hints 20 offense” to register with local law enforcement registry of convicted sex offenders, and now “STOP RESISTING” and subscribe today! upon release from prison, relocation into the regulate where sex offenders may live and FBI: Hair Analysis Wrong 90% of Time 24 state, or after a conviction that did not include work, with whom they may have contact, and ‘Shaken Baby Syndrome’ Discredited 24 incarceration. even where they may be present. Illinois, for Two years later, Congress enacted a fed- example, created a law enforcement registry ‘Golden State Killer’ Arrested: Ex-Cop 26 eral Megan’s Law. The bill, which passed in the in 1986. Since it was created, the Illinois - Exonerations: 60% Involve Misconduct 34 House by a 418-0 vote and in the Senate by Legislature has amended the registry 23 times, unanimous consent, required that states pro each time adding new offenses, restrictions, or SCOTUS Resolves Circuit Split 38 vide community notification of sex offender requirements. 5th Cir. Extends Prison Mailbox Rule 40 Subscriptions to CLN are $48/year for prisoners/individuals and $96/year for professionals/entities. To subscribe, send payment to: registry information “that is necessary to False Premises, Faulty Numbers, protect the public.” By the end of 1996, every R.I. S Ct Abolishes Shatney 42 state in the nation had some form of public and Unintended Consequences News in Brief notification law for sex offenders in place. There is a laudable and virtually un- In 2006, Congress adopted the Adam assailable goal associated with sex-offender Criminal Legal News, P.O. Box 1151, Lake Worth Beach, FL 33460; (561) 360-2523. www.criminallegalnews.org Walsh Child Protection and Safety Act, registration and restriction laws: protection named in honor of 6-year-old Adam Walsh, who was abducted and murdered in Florida.