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Florida Prison Legal Florida Prison Legal VOLUME 6, ISSUE 4 ISSNi#1091-8094 JULY-AUGUST 2000 I In the September-October it endangered lives and a routine tronic shields are supposed to be 1999 (Volume 5, Issue 5) issue of practice of shackling prisoners face used only as a last resort. Acting FPLP, we published news of a re­ down on concrete beds for hours at Assistant Attorney General Bill Lann port released by Amnesty Interna­ the risk of asphyxiation.. Lee skirted the allegation by writing, tional regarding the deplorable con­ The report, however, does not QFacility staff engaged in excessive ditions at the Jackson County Jail address the most alanning allega­ and unwaiTantep use'of restraints to . .located in Marianna, Florida.· .' .. ticA,··which· prompted the ·investiga-· • control inmates, causing serious risk An investigation that had tion in the first place. Nearly two of bodily hann.· stalled has now moved forward years ago, immigration detainees The letter to Jackson County and investigatOrs have uncovered alleged that they were shocked with administrators also criticized the jail mUltiple civil rights violations within . riot-control devices whOe shackled for its treatment of juvenife offend­ th~ jail. In a report prepared by the to concrete platronns. As a result ers citing the denial of required ex­ Department of Justice (DOJ). condi­ of the allegations. the Immigration ercise and education. The letter tions were called so woeful that they and Naturalization Service removed threatened legal action if these con­ vio~te the civil rights of the prison­ all 34" of its detainees from the 300 ditions were not resolved. ers housed there: Those conditions bed jail and stopped using the facil­ Among the most serious viola­ prompted action by the DOJ..The ity. tions at the Jackson County Jail in.- I DOJ's Civil-Rights Division delivered While the report was silent on clude: . a blunUyworded 18-page'letter to the ~lIegation, government investi­ •A system of medical care so Jackson County administrators that gators did find indiscriminate use deficient that nursing staff often its investigation has uncovered of the electronic shields and the ignore serious health com­ numerous violations at the jail, in­ concrete beds on detainees and plaints. cluding medical care so poor that regular prisoners alike. The elec- • . The jail's Ion~ phYSician exer-' Emm~sM~e 1 ~OD: Rules ChaUeage; PoUey Cbauge; Nodce............. 3 Pro Se nps aDd Tadles 5 U.N. Puel Cites U.s. Prisoas 7 Sllpreme ComAdioas 8 FPLP SoIlDdofl' ' 9 Notable Cases 11 Inmate Grievaace SIlI'Vey 17 CorrectioDal 0fIice DisdpUae Statisties 11 Statewide Disdpliaary Repons: 1996197 through 199BJ99 11 clsed insufficient supervision, only as alast resort. However, -In a FLORIDA PRISON LEGAL leaving nurses to make medical number of instances~ the shields PERSPECTIVES decisions for which they are un- were used as a first resort. which POBox 660-387 qualified. The result is that pa- the rep 0 rt . Iabe led as· ChulUota, Florida 32766 tients are often denied medica- Dunreasonable.D PubIisIl!ngDMsionof: tions they need, or given medi- [ Source: Miami Herald 4-22-2000 J FLORIDA PRISONERS LEGAL AID ORGANlZAnON, INC. cations wilhout the required A501 (c)(3) Non Pnmt QrganIul/an monitoring. I FROM THE EDrroR . .(407) ~200 ~~~I • Saveral files reviewed revealed Welcone to this latest Issue of FPLP. __•••__•__N.NN. N.N_ poor decisions by the nursing With this Issue comeS some changes. but then. FPlAO DIRECTORS staff that coulc1 lead to serious we have aJways considered FPLP a Y«ll1< In ' ~~s bodily injury or death. progress. Those membefl; and readers \\ilo DARRYL Mc:G1AMRY remember \\ilen the newsletter was first started DAVID W. BAUER, Esq. •I n some cases, the (un-named) know that the staff has basically remained the .._........__._..._......__.__.......N. physician denied care to pa- same over the years. We have some dedicated Pull:~ BURNS tients who could not pay for it people \\ilo work very hard and generously EdIlor BOB POSEY even though he is required by volunteer thelr time to keep FPLP gang. One . Layout EdItcr JOHN OAKS YlE law to provide it. of those people, John Oaks. the Layout editor. Reaea: ~~~~S;~ • . Jail officers frequendyignored has been vnth us since the second Issue, way BR1AN MORRIS back In 1994. John Is a truly unique person. Admln.AllII. USAFAllLKNER procedures to handle medical Unlike most of the FPLP staff. \\ilo either have , N .......... • emergencies. In one case an. a loved one In prison. or who Is aprisoner, or FP~~~~:O officer found that an inmate who \\ilo may be considered a prisoner advocate, PHiUP BAGlEY - SHARON SIMMONS reported chest pain had ele- John oaks doesn't fit into any of those catego-. TERRY VAUGHN· MICHAEl !.AMBRIX vated blood pressure· abut ries. No. John got Involved. and for six yearS AlANJ.COTTON·JAMESQUIGLEY did a remmkable Job ·gettlng FPLP ready to JAMES TAYLOR·OSCAR HANSON merely g~ve the inmate antae- prin~ s1mpy because he Is afriend of my wife, MARK~~: =::~ ids.a Teresa Bums. and myself-a very dear friend.. UNDA GOTTLIEB. SUSANNE M. MANNING • The jail has no infection control . The last Issue of FPLP was John's last as Lay- JAMES MAJOR •ENRIauE DIAl program, placing prisoners at out Editor. He felt it was time to tum that job ROBERT BARISH . k fo tube I.N t ts over to someone else. "• ns r . FeU QSIS 0 es •. With this issue we welcane Gayle Mul- .1-- -1 were available to det~ct Iins-Russeliin that pOsItion. Mariy of you may FLORIDA PRISON .LEGAL PERSPECTIVES Is diabetes or HIV. know Gayle alr8adY, or recosnize her name. published bi-mOIlthly by Florida PrIsonem Legal AId · fely . Ga Ao' 0rganilaII0n, Inc., 15232 E. CdoniaI Dr., 0Itand0. A • FIre sa measures were In- For many years y1e was \\ith rida InsUtu- 32826, Mailing Addnlss: FPLAO. P.O. Box 660-387, adequate. tiona! Legal ServIces, Inc., In GalnesviUe, as a Chuluola, FL 32766. • Legal materials for prisOners legal assistant and Intake coordinator. yayl~ Is Ihe ~ JlIIsmc: =:~~systemsroa:::: were limited and constituted a ~ely knCM1edgeable about the Ronda goal of poWIing a veIIid9 for news, lnfonnallon and •• •. pnson system and brings a wealth of know!- resoun:es affeclfng prisonlllS, their flInil/es, friends Violation of the constitutional edge as aprisoner advocate ~th her. Sbe my and loved ones, and the general public of FlorIda lIIId right to access the courts. has limited experience with desktop publishing, the U.s. Reducllon of afme and reddMsm, • Training of staff was inade- but Is confident that she can handle FPLP. We =~~~~.:nrm:: quate. The report blamed the are very glad to walcane her aboard. As for skilled court access for prisoners, and promollng .. d· . John, we thank him ~th all our hearts for his accountaIliIity of prison alficials, n aJ Issues lack of tralm~g an strains valuable conlributlon to this eIrort over the past . FPLP Is designed 10 address. caused by th.In staffing and six _n:: FPl.P's non-attomey vdunteer staff cannot • 1-:-'" respond 10 requesls for legaIlIdvIce. Due 10 velume of mandated overtime for the. use In this issue Is the first of a planned sa- mail and staff ./Imitallons all CllmlSpondence of excesSive force to subdue rles of projects that FPLAO members and c:annat be responded to, but all /lid does receive troublesome prisoners and de-· FPLP readers.can acllvely partidpate In. The IndlvIduaI a1tentIon. tainees including routine appli- project In this ISSUe Is asurvey of Rorida prls- Permls8lon Is gllll1tBd 10 Alpffnt malerlaIln FPlP •' . •• aners designed to gather data on how well the provided FPlP and BII'/ lndicaled author arelc!enllfied cations of Plexrglas stun shields Inmate Grievance Procedure adually works. In Ihe reprint. .that are supposed to be used (ConlttrUed on page 10) NOTICE: The Intoonal!on in this pubbIlon provides news and o¢nillIl fram various soun:es and may not provide sufIicIent lllformallcin 10 deal wiItI a legal proIlJem. Neiltler Iha publisher, nor staff, WlIfI8IIlB or repnlSeIlls the suIlaIllIity of the infonnallon in this publicsllon for lnstilullng any IagaI acticln. An lIltamey or ClIher kJuMledgeable person In a disputed area shouJd be c:cnsuIled for experience In legal areas. This pubIicalIon should IlllI be relied on as authoIilaliYe citlIIion ~. VISITATION RULES -nevi visitation rules being enforced creased from $15.00 to $25.00. The CHALLENGE at many institutions. Please con­ increase' complies with Department tinue to provide such material, in rule Chapter 33-601.708(12) Florida -UPDATE- writing, or any memorandums or lists Administrative Code. Please ensure of -new" visitation rules that may be that the inmate population and inmate In the last issue of FPLP was a re­ being enforced at the institution you~ visitors are informed of this change. port on a move by the Florida Dfr visit or are housed at This material. Questions regarding this issue should psrtment of Corrections (FDOC) to is needed for evidence of the be directed to Jeny Hewitt, Central enforce numerous "neW' visitation FDOe's violation, ana will be used to Visitation Authority." rules at institutions before the rules defeat these -rules- in their entirety If were legally adopted. As noted in and when the FDOCever attempts This change is more reasonable. that report, during April a chalenge to use the proper methods to adopt Ms. Bums' primary chaRenge contin­ was filed against that implementation those rules. ues, however, against several other of invalid, unadopted rules with the . Thank you, to those who re­ invalid '. visltation -rules.· If the institu­ Rorida Division of Administrative sponded to the request for informa­ tion where you visit at is not complying Hearings.
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