A PROJECT OF THE AMERICAN CIVil LIBERTIES UNION FOUNDATION, INC. VOl. 10, NO.3, SUMMER 1995 • ISSN 1076-769X

Bronstein Leaves NPP ButNot Alvin] Bronstein announced last Human Rights Work month that he would step down as executive director ofthe National Prison Project at the end ofthis year. Bronstein will continue as part-time special counsel to the ACLU. He will also be active as a board member ofthe London-based Penal Reform International, and will engage in speak­ ing and consulting activities. We asked Ira Glasser, executive director ofthe AGLo, to write up some ofhis thoughts on Al Bronstein's careerfor theJOURNAL. BY IRA GLASSER

n a humid spring evening this past June in Jackson, Mississippi, AI OBronstein sat by himself at the side of a large dining room at Tougaloo • College, an historical black college on the outskirts of town. His face was graced by a smile of deep contentment, mixed with intense pleasure and no little amount of pride. It is possible no one outside of his immediate family had ever before seen Bronstein look this way. He had ample reason. For most readers of this journal, AI is justly known as the legal architect of the prisoners' rights movement in America. Until the early 1960s, prisons were a lawless enclave,

Q) E >= -'" ~ ~ z. ...c I-~IL..-'" -,--~""""'~_ Alvin J. Bronstein, listening to a question from the group at the Lawyers Constitutional Defense Committee reunion in Jackson, Mississippi this June. beyond the reach of the Constitution, effec­ "You can't just walk away. You've raised tively immune from judicial review. The expectations and you can't just dump it... civil rights movement in the South became ru go back. ru go back.·· a model to challenge such enclaves, and by And although he had three small the late sixties, significant legal inroads children and couldn't afford to volunteer, had begun to be made. In 1972, the ACLU he accepted a very small salary and consolidated two of its local prisoners' went back. rights projects in New York and Virginia In 1%5. Al was named Chief Counsel of and established the National Prison Project a new LCD<: office in Jackson, Mississippi. under Al's direction. During his first two weeks there, he It is no exaggeration to say that what Al worked on 18 separate cases. Before he achieved over the next two decades was left three years later. he was physically nothing less than a legal revolution. He go South to provide badly-needed legal beaten at least once and sued for slander brought the rule of law into state prisons, assistance for embattled civil rights work­ for calling the notorious Deputy Sheriff filing lawsuits in nearly 50 states, challeng­ ers. In August 1964, somewhat apprehen­ Cecil Price a murderer (Price was respon­ ing the entire state prison system in more sively, Al enlisted with the Lawyers sible for the deaths of James Chaney, .\ndrew Goodman and ~1ickey Schwerner in 196-+). But he also argued nine civil rights cases before the Mississippi Supreme Court and won them all, a nearly unimaginable accomplishment at the time. More important. he was the staff sergeant for a small army of civil rights lawyers. who were there to get protesters out of jail. help people register to vote, eliminate the legal roadblocks placed in the way of the ci\il rights movement and in countless ways proVide legal resistance to

Editor. Jon Elvin EcIitorial Asst.: Jenni Gainsborough Mrs. Annie Devine, executive committee member of the Mississippi Freedom Regular Contributors: John Boston, Democrotic Party and AI Bronstein in May 1967. The picture was taken after a Russ Immarigeon meeting in Holmes County, Mississippi. Alvin J. Bronstein, Executive Director The National Prison Project of the American CIViII.iber1ies Union Foundation than a dozen of them and monitoring Constitutional Defense Committee (LCDC), 1875 Connecticut Ave., NW, #410 the implementation of the Project's legal arriving in St. Augustine, Florida. During Washington, DC 20009 victories for years until the reforms his first night there, he was welcomed by a (202) 234-4830 FAX (202) 234-4890 were institutionalized. 1Wenty-three years Klan-style ritual: local antagonists of the The Notional Prison Project is a tax-exempt foundation­ after he began, it is fair to say that the civil rights movement driving by the LCDC funded project of the AClU Foundation which seeks to Constitution applies to prisons, certainly in office, guns firing. strengthen and protect the rights of adult and iuvenile offenders; to improve overall conditions in correctional principle and often in fact. But it would be But there were other moments, too. Al facilities by using existing administrative, legislative and a mistake to see Al only in terms of his recalls, obviously still moved by the memo­ judicial channels; and ta develop alternatives to prison reform work. incarceration. ry now 30 years old, of a sweltering, 110­ The reprinting of JOURNAL material is encouraged with If the prisoners' rights movement was an degree night in St. Augustine, when he was the stipulation that the Nononol Prison Project JOURNAL outgrowth of the civil rights movement, it reporting on LCDC's legal actions to his be credited with the reprint, and that a copy of the reprint be sent to the editor. was no coincidence that its general was Al clients in the First Baptist Church: The JOURNAL is scheduled for publication quarterly by Bronstein. An ACLU cooperating lawyer in "Almost every one of them came up and the National Prison Proiect. Materials and suggestions the late 1950s and early sixties, Al was also shook my hand at the end of the meeting. are welcome. general counsel for Brooklyn CORE The meeting ended singing 'We Shall (Congress of Racial Equality), defending Overcome': black and white together, the First Amendment rights of protesters in holding hands swaying. It was one of the The NPP JOURNAL is available on 16mm New York in 1960 and of Freedom Riders most beautiful, exciting, moving, emotional microfilm, 35mm microfilm and 105mm in Mississippi in 1961. In early 1964, moments of my life." microfiche from University Microfilms while setting up his own general practice Later, in New York, when he thought International, 300 North Zeeb Rd., Ann in upstate New York, he saw a notice in the LCDC might have to close down, he said to Arbor, MI 48106-1346. ACLU newsletter advertising for lawyers to the ACLU Board:

2 SUMMER 1995 THE NATIONAL PRISON PROJECT JOURNAL the harassment and joining hands, intimidation that black black and white people routinely faced together, swaying in the lawless states of to the words of Mississippi, Alabama, "We Shall and Louisiana. Overcome." On June 9-10 of this Al knows, in his year, about 50 LCDC bones and by his veterans gathered in experience, how Jackson, Mississippi, endless the struggle to remember that time is, how far we have and celebrate what yet to go, how rocky they had accomplished. It was impossible is the road ahead and how threatened to listen to them, lawyers, former clients, many of our accomplishments are by the and activists, without realizing that for current political climate. But he also them all, Al Bronstein was the key figure. knows how astonishing the movement's The affection, the gratitude, the respect accomplishments were and how victory was palpable. was won, despite the overwhelming On the evening ofJune 10, the meeting strength of the oppressors, by the cOllrage concluded with a banquet, and the and persistence of the resistance. And so showing of slides Al took in 1964-65, he smiled, as well he should. including some that revealed a black­ This country is a better and a more haired, beardless, intense young man, at moral place because of Al Bronstein. the center of it all. As the banquet was He helped bring the rule of law and ending, and the last speakers were noting shine the light of liberty into some of the how revolutionary the changes had been, cruelest and most unjust corners of our and how inalterably different a place land. He answered the call. He is a true Jackson was today, Al sat, smiling, almost American hero .• beatific at the side of the room. The meeting ended, as it did that long-ago Ira Glasser is e.1:ecutive director ofthe night in St. Augustine, with everyone American Civil Liberties Union.

THE NATIONAL PRISON PROJECT JOURNAL SUMMER 19953 bid for and (if successful) manage pro­ u.s. Companies Expand Corrections jects outside of the U.S., the U.K., Belgium and Australia splitting profits 51/49 per­ Market to Overseas cent in English speaking countries where CCA will take the lead and 49/51 percent BY STEPHEN NATHAN in the rest of the world where Sodexho will lead. .S.-owned private corrections joint agreements with French construction CCA's largest competitor both in the companies are engaged in tough firm Spie Batignolles, contract services U.S. and abroad is Wackenhut Corrections Ucompetition to develop their inter­ giant Lyonnaise des Eaux and Banque Corporation (WCC) , a subsidiary of the national operations. The strategy since the Worms (the consortium known as COGE­ long established multinational security early 1980s has been to identify potential SIP) were signed to bid for proposed ten­ firm with ex-FBI agents and military markets and form joint ventures with ders to finance, design, build and operate personnel on its board. WCC was well-connected and experienced local . French penitentiaries. formed in 1984 specifically to enter the corporations to lobby governments and But a subsequent change in government corrections market. bid for contracts. led to a revised prisons privatization poli­ WCC's parent has security and investiga­ The market leaders claim that outside of cy, with only non-custodial services in tive services operations in Canada, the U.S., their prime targets are the United some 20 new prisons being contracted Central and South America, the Caribbean, Kingdom and Australia, but the scope out. While CCA still has a French sub­ Asia, Africa and Europe and thus is well appears to be even wider. Contracts are sidiary, CCA France, company documents placed to market its corrections expertise. also being pursued in Canada, New make no mention of any French contracts. It has set up two joint ventures in Zealand and Panama. One industry analyst In February 1988, CCA signed an agree­ Australia. In June 1991 Australasian claims that Corrections Corporation of ment in Italy with Iniziative Industriali Correctional Services PTY Ltd (ACS) America (CCA) has S.p.A., part of the (now 66.7 percent owned by Wackenhut) identified markets in SASEA Group. The was chosen by the New South Wales Canada, Brazil, first paragraph stat­ government to design, build and run Junee Mexico and China ed: "CCA has devel­ Correctional Centre for 600 prisoners. In "which in the long oped considerable 1992, the Queensland government chose term could represent expertise in the Wackenhut's Australasian Correctional the majority of design, financing, Management (ACM, now 100 percent (CCA's) earnings."l building and man­ owned) to run the high security Arthur By far the most agement of private Gorrie Remand and Reception Center near aggressive-and and public peniten­ Brisbane. On 31 Mav 1995 the Victoria successful-is CCA. tiary facilities and government chose ACS to build and run a Founded in 1983, by systems in the United 600-bed prison at Sale. the mid 1980s it only had a handful of U.S. States...and wishes to expand its business In 1992 WCC formed Premier Prison contracts and was unprofitable. But CCA in Italy."3 To date, the Italian government Services Ltd., a joint venture with manage­ had marketed both the concept and its has not privatized any prisons. ment services company Serco to bid for own expertise enough to help set two CCA's first overseas contract to get up U.K. prison and court escort contracts. In European governments on the road to and running was not in Europe but at 1993 it won a contract to run the nO-bed prison privatization and to form joint ven­ IpSWich in Queensland, Australia. In 1989 Doncaster prison in northern England. tures in the U.K., France and Italy. CCA, along with two Australian partners, The third C.S. competitor abroad is In 1987 CCA formed a consortium (UK formed Corrections Corporation of Corrections Partners Inc (CPI) which is Detention Services Ltd, UKDS) with two Australia and won the contract to run bidding for contracts in Australia, Canada, established U.K. construction companies, Borallon Correctional Centre, which New Zealand and the LX. Arecent adver­ Sir Robert McAlpine & Sons Ltd and John opened in 1990. tisement for staff described its Australian Mowlem & Co. Both companies were also Then in 1994 the government of Victoria company CorrPac Pty Ltd as haVing "long regular contributors to the Conservative awarded Corrections Corporation of range economic objectives throughout Party. UKDS' stated aims included lobbying Australia two contracts-a three year pris­ Australia and the Pacific region."4 In the the government; it has since publicly oner transportation and security contract U.K. it has teamed up with construction admitted to "a leading role in explaining and another to finance, design, build and firms Wimpey and AMEC but has no con­ the benefits of private sector management run a new 125 bed women's prison, tracts as yet. of prisons and the advantages of introduc­ expected to open in June 1996. ing competition to the Prison Service."2 But CCA's global aspirations were greatly What About Performance? CCA also acted as a consultant to enhanced in June 1994 when it formed an The private sector claims it can do the Mowlem and McAlpine in the building of international joint venture to bid for cor­ job more cheaply, efficiently and creatively. Wolds prison in northeast England. Wolds rections contracts with Sodexho SA, a In the U.K. and Australia these claims are became the first privately managed prison French management services corporation yet to be independently substantiated. Both in the U.K.. UKDS' first U.K. contract came with FY 1993 revenues of $1.8 billion from CCA and Wackenhut have experienced in 1992, to run the 649-bed Blakenhurst operations in 46 countries. Sodexho also earlv difficulties. prison at Redditch, in the west Midlands. provides non-custodial services to five In Australia, the Arthur Gorrie facility However, early forays into other French prisons. run by Wackenhut's ACM has had a European countries were not so success­ The agreement gave Sodexho a 20 per­ ful. In November and December 1986 cent stake in CCA and the joint venture will Continued on page 29

4 SUMMER 1995 THE NATIONAL PRISON PROJECT JOURNAL A PROJECT OF THE AMERICAN CIVil UBERTIES UNION FOUNDATION, INC. VOl. 10, NO.3, SUMMER 1995. ISSN 1076-769X

Wolffv. McDonnell, 418 U.S. 539, 571-72 n. federal courts in the day-to-day management Highlights of.Most 19 (1974), and the lower federal courts had of prisons, often squandering judicial almost universally adopted this view. The resources with little offsetting benefit to any­ Important Cases Supreme Court in Sandin rejected it. one." Sandin at 5. Justice Rehnquist cited Justice Rehnquist's majority opinion began cases in which prisoners asserted liberty by reviewing the Court's prior prison due . interests in participation in "shock incarcera­ BY JOHN BOSTON process decisions. It noted that Wolff v. tion" programs, tray lunches rather than sack McDonnell held that state statutes governing lunches, and cells with outlets for televisions. DISCIPLINARY DUE PROCESS good time credits that shortened a prisoner's Therefore, Justice Rehnquist concluded, it sentence created a liberty interest, which it is time to return to the principles of Wolff The Supreme Court's 5-4 decision in characterized as an interest of "real sub­ and Meachum. Acknowledging that states may Sandin v. Conner, 1995 WL 360217 (June stance." Next, Meachum v. Pano, 427 U.S. create liberty interests protected by due 19,1995), represents a significant step back­ 215 (1976), held that inter-prison transfers, process, these "will generally be limited to ward in the protection of prisoners from arbi­ even to higher-security prisons, were "within freedom from restraint which, while not trary punishment. The question is how long a the normal limits or range of custody which exceeding the sentence in such an unexpect­ step it is. the conviction has authorized the State to ed manner"as to give rise to protection by the The Court began by stating: "We granted impose," and hence that such transfers did Due Process Clause of its own force, ... never­ certiorari to reexamine the circumstances not constitute deprivations of liberty unless theless imposes atypical and significant hard­ under which state prison regulations afford state law limited prison officials' discretion to ship on the inmate in relation to the ordinary inmates a liberty interest protected by the transfer. /d. at 225. incidents of prison life." Sandin at 6. (The Due Process Clause." Id. at 2. By the end, Subsequent decisions, Justice Rehnquist Court summarily rejected the plaintiff's argu­ it had purported to discard much of the stated, "laid ever greater emphasis on this ment that the punitive character of a sanction "liberty interest" analysis that has governed somewhat mechanical dichotomy" between invokes due process protections.) due process jurisprudence since the late the discretionary acts of prison officials and As Justice Breyer's dissent points out, the 1970s. Yet its rejection of the liberty interest those that were governed by mandatory crite­ majority's approach results in a three-tiered theory is at least partly illusory, and the ria. Sandin at 4. This methodology came to due process analysis. There are deprivations opinion leaves open many more questions "full fruition" in Hewitt v. Helms, 459 U.S. that are "so severe in kind or degree (or so than it resolves. 460 (1983), which-in an opinion by Justice removed from the original terms of confine­ The plaintiff in Sandin, a Hawaii prisoner, Rehnquist-held that state law might create ment) that they amount to deprivations of had been sentenced to 30 days in punitive liberty interests by the use of mandatory lan­ liberty," regardless of the terms of state law. segregation for "high misconduct" for using guage and "substantive predicates" for offi­ At the other end of the spectrum are "minor physical interference to impair a correctional cial action. Hewitt led the courts farther away matters." In between is "a broad middle cate­ function (Le., resisting a strip search). The from the question whether the plaintiff had gory of imposed restraints or deprivations Hawaii prison system ranks disciplinary viola­ suffered a "grievous loss." Instead, they that, considered by themselves, are neither tions in categories from "greatest miscon­ turned to the close analysis of regulations to obviously so serious as to fall within, nor duct" to "minor misconduct"; 30 days is the determine whether their language was suffi­ obviously so insignificant as to fall without, maximum punishment for the "high" catego­ ciently mandatory to create a liberty interest. the Clause's protection." Sandin at 13-14. ry. After he had served his segregation time, The results of the state-created liberty Under the new "atypical and significant the plaintiff's conviction was expunged. He interest analysis have been undesirable, hardship" standard, the Court held that the then sued in federal court alleging that the according to the Court-at least in the prison plaintiff had not been deprived of liberty. refusal to permit him to call a witness had context. The Court acknowledged that the ... [Djisciplinary segregation, with denied him due process. results of liberty interest analysis "may be inSignificant exceptions, mirrored Prison officials argued in the Supreme entirely sensible in the ordinary task of con­ those conditions imposed upon Court that the prisoner was not protected by struing a statute defining rights and remedies inmates in administrative segrega­ due process because placement in punitive available to the general public." Sandin at 5. tion andprotective custody.... segregation did not deprive him of liberty. In prisons, however, it has created "disincen­ Thus, Conner's confinement did not The Supreme Court had previously stated in tives for States to codify prison management exceed similar, but totally discre­ dictum that "solitary confinement" is a procedures in the interest of uniform treat­ tionary confinement in either dura­ "major change in conditions of confinement" ment," since such regulations may saddle the tion or degree ofrestriction. Indeed, that should be governed by the same proce­ State with additional procedural require­ the conditions at Halawa involve sig­ dures as deprivation of statutory good time, ments. It has also "led to the involvement of nificant amounts of'lockdown time'

THE NATIONAL PRISON PROJEO JOURNAL SUMMER 1995 5 even for inmates in the general pop­ Allen, 482 U.S. 369 (1987), is an example of confined to cells for 12 to 16 hours a day, ulation. Based on a comparison this methodology, and the Court suggests no compared to the 23-hour lock-in in punitive between inmates inside and outside alternative way of determining whether state segregation. Sandin at 8 n.8. Since lock-in disciplinary segregation, the State's law has created a liberty interest. The Court time includes sleeping hours, these figures actions in placing him there for 30 also reaffirms that proper due process princi­ mean that general population prisoners were days did not work a major disrup­ ples "were correctly established and applied" locked in for one-fourth to one-half of nor­ tion in his environment. in Wolff v. McDonnell, which applied the mal waking hours, while segregation prison­ Sandin at 7. substance of liberty interest analysis-if not ers were locked in for 94% of waking The Court also rejected the argument that the later-developed terminology of substan­ hours-in addition to the exclusion from the effect of discipline on parole opportuni­ tive predicates and mandatory language- work, education, and contact with others that ties brought it within the ambit of due to the Nebraska good time statute. 418 U.S. segregation entails. This distinction has obvi­ process protections; since the parole board at 556-57. ous quantitative significance, as well as was not required by law to deny parole based Thus, Justice Rehnquist's asserted "aban­ immense practical significance to prisoners. on disciplinary record, and since Hawaii Ia,w donment of Hewitt's methodology," Sandin Thus, dissenting Justice Breyer's assertion provides a separate hearing in connection at 8 n.5, appears to be no such thing. Rather, of a "broad middle category," encompassing with parole release, the relationship between that analysis remains, but restricted to the restrictions severe enough to require due discipline and parole opportunities is "too narrower field of "atypical and significant process under the pre-existing liberty interest attenuated" to call for due process protec­ hardships." Either the lack of such a hard­ analysis, is probably not consistent with Justice tions. Sandin at 7. ship, or the lack of a state-created liberty Rehnquist's approach, which seems designed The Court cited two additional factors the interest, will defeat a prison due process claim. to narrow the middle ground by pushing as weight of which is difficult to assess. In the The practical meaning of "atypical and sig­ many issues as possible into the category of discussion of conditions in and out of disci­ nificant hardship" is far from clear, as the "minor matters" that are now completely plinary segregation, the Court "note[dl also two dissenting opinions emphasized. Justice excluded from the reach of the Due Process that the State expunged Conner's disciplinary Ginsburg asked: "What design lies beneath Clause. But whether Justice Rehnquist's record with respect to the 'high misconduct' these key words? The Court ventures no approach would command a majority on a charge 9 months after Conner served time in examples, leaVing consumers of the Court's different set of facts is open to question. segregation." Sandin at 7. It is hard to see work at sea, unable to fathom what would In any case, it is predictable that certain what significance this fact could have in the constitute an 'atypical, significant depriva­ aspects of prison life that have been subject Court's analysis, since the liberty deprivation tion,' ... and yet not trigger protection under to due process scrutiny based on state law was long since completed by the time of the the Due Process Clause directly." Sandin at and regulations will now escape review expungement See Sandin at 15-16 (Breyer, IO n.2. Similarly, Justice Breyer stated: because they do not meet the "atypical and J., dissenting). In a 5-4 decision, its presence I am not certain whether or not significant" standard. Classification decisions suggests the need to hold together a wavering the Court means this standard to and job or program assignments probably fall majority by providing a basis to change prior law radically. Ifso, its into this category, since almost every prison­ distinguish future, more sympathetic cases. generality threatens the law with er receives them and they are changed with Justice Rehnquist and several of his col­ uncertainty, for some lower courts some frequency. Visiting probably will stand leagues would no doubt be happy to read may read the majority opinion as on the same footing-at least for short-term disciplinary segregation out of due process offering Significantly less protection or limited deprivations. One member of the analysis entirely, but it is doubtful that against deprivation ofliberty, while Sandin majority has previously expressed there are five votes presently on the Court for others ma..v find in it an extension of the view that "permanently forbidding all that proposition. protection to certain "atJ'Pical" visits to some or all prisoners implicates the The same comments apply to the opinion's hardships that pre-existing law protections of the Due Process Clause" even concluding sentence, stating that Conner's would not have covered. if "precise and individualized restrictions" segregation "was within the range of confine­ Sandin at 13. do not. Kentucky Dept. ofCorrections v. ment to be normally expected for one serving However, it does appear that "atypical and Thompson, 490 U.S. 454, 465 (1989) an indeterminate term of 30 years to life." significant hardship" is intended to be a more (Kennedy,]., concurring). Sandin at 7. The length of the prisoner's sen­ difficult standard to meet than "grievous Parole release is a closer question. Denial tence has no discernible connection with the loss." It is to be applied "in relation to the of parole, while certainly "significant," is Court's analysis or any issue in the case, ordinary incidents of prison life," and the hardly "atypical." The Supreme Court's hold­ except possibly the comfort level of one or Court's discussion of these "ordinary inci­ ing in Greenholtz·v. Inmates ofNebraska more members of the majority. dents" is calculated to blur and to trivialize Penal and Correctional Complex, 442 U.S. 1 At first glance, it may look like the Court distinctions among the degrees of closeness (1979), that state parole statutes can create has come full Circle, reinstating the grievous of confinement. Thus, the opinion notes both liberty interests, is described in Sandin as loss analysis that was displaced in the 1970s that punitive segregation conditions "with "foreshadowing" the methodology of Hewitt by the liberty interest theory. It would be insignificant exceptions, mirrored" condi­ v. Helms that the Sandin Court purports to more accurate to describe this decision as tions in administrative segregation and pro­ reject. However, as noted above, the Hewitt raising a new hurdle. The "atypical and sig­ tective custody, and that there were "signifi­ methodology appears to survive only in cases nificant hardship" standard comes into play cant amounts" of lockdown time even for that involve "atypical and significant hard­ only if state law establishes a liberty interest. general population inmates at the prison in ship," and nothing in Sandin indicates a view Moreover, it appears that the existence of lib­ question. Sandin at 7. on whether parole release decisions are now erty interests will continue to be determined The latter point illustrates the Court's atti­ to be viewed as "minor matters" exempt from by the use of mandatory language and sub­ tude to-or detachment from-the realities due process scrutiny. stantive predicates. The case the Court cites of prison life. General population prisoners The Greenholtz holding concerning liberty in this connection, Board ofPardons v. at this maximum security institution were interests can be dismissed as dictum without

6 SUMMER 1995 THE NATIONAL PRISON PROJECT JOURNAL question was presented, Allen's conclusion The most significant open questions after cannot be dismissed as dictum. Moreover. Sandin pertain to disciplinary proceedings the Sandin Court cited Allen along with themselves. Given the Court's reaffirmation of Wolf/in "recogniz[ing] that States may Wol.ffv. McDonnell as a correct application under certain circumstances create liberty of due process principles, it appears that any interests which are protected by the Due case involving deprivation of good time \\"ill Process Clause," Sandin at 5-which makes meet the "atypical and significant" standard it hard to argue that Sandin implicitly over­ as long as the governing statutes or rules rules Allen. create a liberty interest. And in disciplinary

ar PrisDohoject...

Prison Project: am in a countyjail in the South, andhavebeen harassed abuse or sexual assault. Sexual harassment and the physical a correcti<}Ralofficer. ·Heflittswitll.me,makessexualco1Il2 and psychological distress caused by it violate contemporary ts, and has tQuched me. He asks some of the women to standards of decency and satisfy the "sufficiently serious" se nudefol'hinrQrihave sex with him in exchangeJorciga~ prong of the above test for ul1necessary and wanton infliction rettes orcon~"-lld.ldon'twant.to·participateandam. of pain. Id. at 665. afraid. Wbataremy rights? To satisfy the "deliberate indifference" prong, an individual Harassed ,.must prove that a prison official "knows of and disregards an excessive risk to inmate health and safety." Farmer at 1979. Dear Harassed: Actual knowledge is necessary, although a court may assume State actors, including prison offiCials, are liable for that prison officials knew of the risk ifit was "longstanding, dep .. 'vidual of constitutional rights, such as pervasive, wen-documented, or expresSly noted by prison offi- .. thos .prisoners by the Eighth Amendment, cials in the past, and the ... [official] 'must have known' und 1983. Prison conditions violate the about it." Id. Eigh t's prohibition against cruel and unusual Awoman need not wait until there is a sexual assault; there p . ey result in the "unnecessary and wanton may still be an Eighth Amendment violation ifconditions are in ." Wilson v. Seiter, 501 U.S. 294 (1991). "sure or very likely to cause serious illness and needless suf~ T quires that: 1) the pain suffered be "suffi- fering." Hellingv. McKinney, 113 S.Ct. 2475,2480 (1993). ch that it violates contemporary standards Both an individual subjected to sexual harassment and other .' . ) the prison officials acted with a culpable women in a pervasive environment of harassment may there­ ounting to "deliberate indifference" fore seek protection. .01' safety. Farmer v. Brennan, 114 S.Ct. 1'0 protect your rights, itis important that the prison offi- 994). , . ciaIs are informed of the harassment. You should file agriev­ smentin the form of inappropriate sexual com­ ance or complaint. Ifthisis notpossib~e,you.may be able to~ ces or propositions, touching, exposure tell a prison employee and request that they report it. Prison ts for sexual favors, and forced sexual .... administrators will only.be held liable for a guard's sexual. th·ofthese requirements and violates the harassment ifthey were given notice of the conduct and failed .' '., nt. See Hovater v. Robinson, 1E3d 1063, to take actions to prevent it or protect you from it. In the face 93); Women Prisoners v. District of of complaints, a prison's lack of a sexual harassment policy upp. 634 (D.D.C. 1994). or appropriate training ofcorrectional officers about sexual ent may take the form of routine invasions harassment all contribute to a prison administrator's li'ability .' .as men peering into women's cells or show­ for sexual harassment: ounce their presence in female dorms. Ifthe harassment is pervasive, or ifthe prison fails to . al observation of opposite sex prisoners, respond appropriately to an individual occurrence, you 'stance, reasonably related to prison should file a § 1983 civil rights suit in federal.court. You need nal. Howeyer,reguhl.r viewing of not have a lawyer to file these suits; complaint forms may be essing, showering, or using the toilet obtained from your legal advisor or from the district court cers violates privacy rights, contributes upon request. .of a sexualized environment, and amounts to Finally, many states have made it criminal for a guard to . wanton infliction of pain. Cumbey v. engage in any sexual activity with an inCarcerated person, 712, 714 (10th Cir. 1982); see also regardless ofwhether that person voluntarily participates. 983 F.2d 1024 (HthCir. 1993). Consider notifying state prosecutors about the sexual activity. • thas serious physical-andpsychological .. It can cause depression,anxiety, guilt, Karen Bower is a Women~ Law Fellow from the Opelessness,andit hinders rehabilitation. Georgetown Unive.rsity Law Center~ Women's law and lyso for female prisoners sillce many female Public PolicyFellowship Program, working with the istories being the victims of rape, sexual NPPfor one year. .

THE NATIONAL PRISON PROJECT JOURNAL SUMMER 1995 7 cases, courts have held that it is the discipli­ courts will probably look for. New York to require due process protections. This is, nary rules themselves that constitute the limit State provides an even sharper line, between of course, the same question that was left on official discretion that is necessary to give disciplinary hearings (also known as Tier II), unanswered for disciplinary segregation rise to a liberty interest. See Gilbert v. with an upper limit of 30 days of punitive after Sandin. Frazier, 931 F.2d 1581,1582 (7th Cir. confinement, and superintendent's proceed­ This question is made harder to answer 1991); Green v. Ferrell, 801 F.2d 765 (5th ings (Tier Ill), which may impose longer by the fundamental sophistry underlying Cir. 1986); Sher v. Coughlin, 739 F.2d 77, terms of confinement and may also recom­ the decision in Hewitt. In that case, 81 (2nd Cir. 1984). Thus, all deprivations of mend the loss of good time. Adopting the Justice Rehnquist stated that administrative good time should continue to invoke the pro­ state's own categorizations would be consis­ segregation tections of Wolff. tent with lower court authority holding that appears to be something ofa As to punitive segregation, all we know due process rights must be determined with catchall: it may be used to protect after Sandin is that thirty days of it, under respect to the potential penalty rather than the prisoner's safety, to protect other conditions similar to administrative segrega­ retroactively based on the penalty imposed in inmates from a particular prisoner, tion, is not atypical and significant. Beyond a particular case. See, e.g., Alexander v. Ware, to break up potentially disruptive that, it is unclear to what extent either the 714 F.2d 416, 419 (5th Gil'. 1983); McKinnon groups ofinmates, or simply to duration or the conditions of segregation v. Patterson, 568 F.2d 930, 939 (2nd Gir. await later classification or trans­ make a difference. The Court makes much of 1977), cert. denied, 434 U.S. 1087 (1978). fer....Accordingly, administrative the similarity of disciplinary segregation to However, these internal distinctions within segregation is the sort ofconfine­ administrative segregation; but if administra­ disciplinary systems may be of limited utility ment that inmates should reasonably tive segregation had been less restrictive, even if the courts accept their relevance. anticipate receiving at some point in would the result have been different for disci­ Increasingly, prison systems use punitive seg­ their incarceration. p
inary segregation? The opinion provides no regation only for short periods of time, such 459 U.S. at 468. answer to that question. as 30 days or less; prisoners are then placed That conclusion follows only if one fails to The same question presents itself as to the in administrative segregation if their miscon­ separate the very different types of segrega­ duration of confinement: since administrative duct was serious. (Hawaii limits even "great­ tion at issue. It is certainly true that every segregation can last indefinitely and in some est" misconduct convictions to 60 days in inmate should reasonably anticipate confine­ cases does last for years, it is arguable that punitive segregation; the fact that a prisoner ment for short periods pending classification the duration of disciplinary segregation "has committed ... a serious infraction," with­ or transfer. The same is not true for place­ makes no difference for due process cases. out more, is a basis for placement in adminis­ ment in protective custody or for segregation But that conclusion is hard to square with the trative segregation.) If 30 (or 60) days of as an aggressor or a member of a "potentially explicitly limited holding that" [b] ased on a punitive segregation is insufficient to invoke disruptive group." Such placements remain comparison between inmates inside and out­ due process protections, but if the discipli­ the exception and not the rule in most prison side disciplinary segregation, the State's nary conviction later becomes the basis of systems. They also tend to last much longer actions in placing [the plaintiff] there for protracted administrative segregation, then than pre-transfer or pre-classification place­ 30 days did not work a major disruption in disciplinary proceedings that de facto result ment. Thus, these types of segregation are lit­ his environment." Sandin at 7. Moreover, in years of segregation may escape due era

y "atypical and significant," and for due unlimited punitive segregation could hardly process scrutiny. process purposes they must be analyzed sepa­ escape the characterization of "atypical, One way to approach this problem is rately from more routine and short-term uses significant deprivation" if those words are directly, by holding that a disciplinary of administrative segregation. Whether the applied honestly. charge that results in protracted segregation courts will be willing to acknowledge this This ambiguity is most likely purposeful. requires WoljJs procedural protections, reality may determine their decisions in Leaving the question of duration open was even if part of the segregation is labelled future administrative segregation cases. probably necessary to hold the slim administrative. Such a standard poses majority together. practical problems, since it makes the But this question will by necessity be prisoner's entitlement to a hearing turn Other Cases central to the large amount of lower court on events that occur weeks later. litigation that will result from Sandin. Administrative segregation also poses its Worth Noting Without more specific guidance from the own problem, completely separate from its Supreme Court, lower courts will probably relationship to disciplinary proceedings. U.S. COURT 01: APPEALS look for some objective-or at least Sandin purports to reject the reasoning of external--standard to avoid the entirely Hewitt v. Helms with respect to its method Use of Force/Summary Judgment! subjective line-drawing called for by the for determining whether there is a state-cre­ Grievances and Complaints phrase "atypical and significant." ated liberty interest in avoiding administrative about Prison The most obvious place to look is in the segregation. Sandin at 5 and n.5. But, as Burgess v. Moore, 39 F.3d 216 (8th disciplinary system itself. Like Hawaii's noted above, the Court reaffirmed that liberty Gil'. 1994). Acomplaint and affidavit prisons, many systems divide disciplinary interest analysis remains alive and well for signed under penalty of perjury were proceedings into "tiers" or "levels" reflecting those deprivations that meet the "atypical and sufficiently verified for purposes of resisting the seriousness of the charges, the sanctions significant" standard. One of two conclUSions summary judgment. available, and the degree of procedural follows. Either administrative segregation is The plaintiff alleged that he disrupted a protections provided. Hawaii's distinction never atypical and significant and never disciplinary hearing and staff then tried to between "high" misconduct and "greatest" requires due process: or there is some choke him with a towel around his neck. This misconduct-Le., between the possibility of threshold of duration or of conditions (or allegation could support a jury finding of a 30 days' disciplinary segregation and a longer both) at which administrathe segregation maliCiOUS and sadistic desire to inflict harm. terms-prOVides the kind of bright line that becomes sufficiently atypical and significant .-\t 218: ".-\ choking that produces virtual

8 SUMMER 1995 THE NATIONAl PRISON PROJECT JOURNAL unconsciousness and great pain is not trifling immunity "simply because Allen cannot pro­ naked for over 22 hours in a detention cell for Eighth Amendment purposes." These alle­ duce a case stating that an inmate is entitled with unclean bedding, unclean floors, poor gations made out a claim against a bystander to both his constitutional right to use the law lighting, and no blankets after he refused to officer who did not intervene. library and his right to have outdoor exercise." write a statement exonerating prison guards The plaintiff's claim that he was assaulted for a use of force he had witnessed. He in retaliation for using prison grievance AIDSlDisabled alleged that he was repeatedly physically procedures made out a First Amendment Gates v. Rowland, 39 F.3d 1439 (9th abused by various officers. claim regardless of the absence of a Cir. 1994). The defendants' blanket exclusion The court distinguishes the Eighth Circuit's distinct injury. At 218: "... [A] threat of of HIY-positive inmates from food service appalling precedents on the deprivation of retaliation is sufficient injury if made in positions did not violate the Rehabilitation clothing by treating it as part of a "course of retaliation for an inmate's use of prison Act, although HIY-positive people are mistreatment" that included physical abuse as grievance procedures." disabled for purposes of the statute. well as strip cell confinement. The depriva­ At 1446-47: tion of clothing must be considered along Transportation to Courts The issue is how the Act is to be with the physical abuse under the "malicious Lemmons v. Law Firm ofMorris and applied in a prison setting. It is clear and sadistic" standard. Morris, 39 F.3d 264 (lOth Cir. 1994). The that HIV-seropositive prisoners have prisoner plaintiff hired a law firm to repre­ certain statutory rights; but, just as Recreation and Exercise sent him in a workers' compensation case constitutional rights ofprisoners Allen v. Sakai, 40 F.3d 1001 (9th Cir. against his former employers. Twice the court must be considered in light ofthe . 1994). The plaintiff alleged that while in seg­ granted a writ of habeas corpus ad testifi­ reasonable requirements ofeffective regation he was permitted only 45 minutes a candum and twice a county assistant district prison administration, so must statu­ week of outdoor recreation. The defendants attorney intervened to prevent its execution. tory rights applicable to the nation's had a "goal" of five hours a week but said The plaintiff sued the law firm and the district general population be considered in they didn't meet it because of the "logistical attorney. light ofeffective prison administra­ difficulties" of taking one inmate at a time to The court dismisses the claim against the tion. The Act was not designed to deal the yard. Since the plaintiff was subject to law firm because it does not act under color specifically with the prison environ­ harsh conditions and indefinite and potential­ of state law. ment; it was intendedfor general ly long-term segregation, in light of Spain v. The prosecutor's action was not protected societal application. There is no indi­ Procunier the defendants were not entitled to by absolute immunity because it was not a cation that Congress intended the Act qualified immunity. LeMaire v. Maass did not prosecutorial function (the prosecution hav­ to apply to prison facilities irrespec­ benefit them because in that case the plaintiff ing been completed months earlier), but an tive ofthe considerations ofthe had been deprived of outdoor exercise administrative one. Qualified immunity was reasonable requirements ofeffective because of his misconduct in segregation. not pled and in any case would not bar prison administration. It is highly injunctive relief. doubtful that Congress intended a Medical Care Although a prisoner generally has no right more stringent application ofthe Hill v. DeKalb Regional Youth Detention to attend a civil trial, the writ granted by the prisoners' statutory rights created by Center, 40 F.3d 1176 (11th Cir. 1994). The Workers Compensation Court "in and of itself the Act than it would the prisoners' court adopts the definition that a serious gave Mr. Lemmons the legal right to appear in constitutional rights. Thus, we deem medical need is "one that has been diagnosed court." (267) His claim that interference the applicable standardfor the review by a physician as mandating treatment or one with it denied him meaningful access to court ofthe Act's statutory rights in a that is so obvious that even a lay person was not frivolous. prison setting to be equivalent to the would easily recognize the necessity of a doc­ review ofconstitutional rights in a tor's attention." (l187) Although it has pre­ Law Libraries and Law Books! prison setting, as outlined by the viously been employed only in other circuits, Exercise and Recreation Supreme Court in Turner v. Safley ... the court uses it in evaluating claims of quali­ Allen v. City & County ofHonolulu, 39 The defendants admitted that the risk of fied immunity. F.3d 936 (9th Cir. 1994). Aprisoner in seg­ HIY transmission through food service was Delay in medical care can violate the Eighth regation had a constitutional right to outdoor "slight," but argued that inmates' incorrect Amendment. At 1187: "Cases stating a consti­ exercise because he was held "under highly perceptions of risk and the "particular sensi­ tutional claim for immediate or emergency restrictive conditions of confinement on an tivity of prisoners to food service" justified medical attention have concerned medical open-ended and potentially long-term basis." their policy (l447). (After all, inmates may n~eds that are obvious even to a layperson (939) He also had the right to use the law think that HIY-positive food service workers because they involve life-threatening condi­ library. At 939: "will bleed into the food, spit into the food, tions or situations where it is apparent that .. .Allen's Fourteenth Amendment or even worse.") The plaintiffs argued that delay would detrimentally exacerbate the right to court access and his Eighth prisoners should be educated about HIY medical problem." (Footnote omitted). Amendment right to outdoor exercise transmission. At 1448: "The prison authori­ are not "either/or" rights. An inmate ties point out that many members of the gen­ Procedural Due Process­ should not have to forego outdoor eral prison population are not necessarily Disciplinary ProceedingslImmunity­ recreation to which he would other­ motivated by rational thought and frequently Judicial and Prosecutorial wise be entitled simply because he have irrational suspicions or phobias that Young v. Selsky, 41 F.3d 47 (2nd Cir. exercises his clearly established education will not modify." 1994). Astate prison system's disciplinary constitutional right ofaccess to review officer, who worked in the central the courts. ClothingiUse ofForce office and decided administrative appeals of Both these rights were clearly established. Wilkins v. Moore, 40 F.3d 954 (8th Cir. disciplinary convictions, is not entitled to The defendants are not entitled to qualified 1994). The plaintiff alleged that he was kept absolute quasi-judicial immunity.

THE NATIONAL PRISON PROJEG JOURNAL SUMMER 1995 9 The defendant is not sufficiently indepen­ information from prison guards and each case. including the physical characteris­ dent to justify absolute immunity, since he informants. '.. ..As noted above, the tics of the cell and jail and the average length serves at the pleasure of superiors within the procedurallaxi(J' ofthe disciplinal:J' of stay of the inmates." prison system, to whom complaints from hearing is not cured on administra­ The sheriff and jailer should not have been other personnel are likely to be directed. It is tive appeal.... dismissed on grounds of qualified immunity. also very likely the defendant will be called on At 600: "A reasonable sheriff and jailer must to rule on policies instituted by his superiors. Recreation and Exercise/Law remain apprised of major constitutional At 53: Libraries and Law BookS/Qualified developments concerning inmates' rights." ... [Njeither the disciplinalJ' hearing Immunity nor the administrative appeal is tru~)' Housley [i. Dodson, 4I F.3d 597 (lOth Cir. Summary Judgment/Special Diets adversarial in nature. Prisoners have 1994). An allegation that the plaintiff was Sellers v. Henman, 41 F.3d 1100 (7th Cir. no right to counsel in either proceed­ denied all access to legal materials for six 1994). Pro se prisoners must receive notice ing. Furthermore, their rights to months stated a constitutional claim, as did that failure to file counter-affidavits to a cross-examine and challenge wit­ the allegation that he received only 30 min­ summary judgment motion may result in nesses and evidence are limited... utes of out-of-cell exercise in three months. dismissal of their suits. The disciplinary hearings 'reu' heavi~)' At 599: "... [W] hat constitutes adequate An allegation that the diabetic plaintiff was on hearsay, including unverifiable exercise will depend on the circumstances of taken off his special diet in retaliation for his

the Record 've Update-The.STOP legislation discussed in· , .0fthe'Prisoners~RightsPtoject at the Legal Aid Society of New ' ' ditions of thejOURNAL is still waiting for action by York and autltor ofCase Law for thejOURNAL, was awarded . The bill (S,400) may become part of the new crime the 1995 Osborne Medal by the Osborue and Correctional nator Orrin G. Hatch (R-Utah), iscurrentiy working Associations of New York Dr. Kim Thorburn, medical direc~ ay be introduced directly on the floor of the Senate. tor for the Ha artmentof Public Safety and expert wit-", bel' of groups and individuals who oppose the leg- ness on medic . es in prison conditions cases, received the e formed the "Coalition Against STOP" and are con­ American Correctional Health Services Association's 1995" ir efforts to educate senators on tliemany practical Distinguished Service Award. Dr, Thorburn was honored for tional problems with the bill. Cutrent and former, her '~unceasmg'c the rights of prisoners not only staff, youth .and disabiliti rganization, the United States"b world wide through her activities.as .• ganizations and traditional civil ri ts groups have .amember of the board of directors of Amnesty International." ners~ rights organizations in opposition to STOP. . .'. Bryan Stevenson of the Alabama Capital Representation ormation contact the Coalition's Coordinator, Resource Center was recently awarded a MacArthur Fellowship ott, at 202/234-4830. for his untiring work in fighting the death penalty..

aign for an EtIective CrimePoli~issued a . , ,.Manual de Pautas de la ComisitmFederal de ch 1995 concluding that prison has no significant Sentendas, the Spanish translation of the Federal Sentend lent crime and, at most ' est impact on guidelines edited by David S. Zapp, Esq., is available at cost' . e. The report, "What 'cymaker Should to government agencies and groups who are interested in pur~ t Imprisonment and the Crime Rate," was authored chasing in bulk for the pu eofeducating Hispanic offend- ,l' Walter Dickey of the University of Wisconsin Law ers, Individual copies are each from Public onjunctionwith the Advisol'yCommittee of the Legales en Espaiiol~ 'sades Park, Looking at the states and Texas, the 800/432-0004, The 0 shipping .charge for those that dUring the 1980s popUlation in who mention the n Project. All funds raised from . only 14% while in California it increased by , the distributio '(Jufas will be used f()rthe ite these large disparities, violent crime rose in '. •translation f . s, including the Federal by about 21%, Imprisonment rates'have little .Rules 0 ellate Procedure, the Federal ncrime for various reasons including: demographics ..Rules o Sections 2255 'and 2254 post~ ,rates fluctuate with the proportion of the population ' .' . conviction motio . 4 "high crime" years; the criminal justice system yasmall fra of crime 90% of crimes iii Washington in December to . orted to poli solved; most violent crime is stein for allhis work with the pulsively; often under the inftuence of drugs or otherate:is of Civilatid human sothat threats ofpunishment h 'ttle deterrent you will be able to join us in per­ pies ofthe report tan beo , . . Om the CECp, ssible, and you have a particular NW,Suite 505, Waslllngtonjf}(}20004, ouwould like to share with his 1903. e send it to us here at the Project. , . gwe receive and present it to 'eIidSofthe Prison Project receivedwell-deserved him inDecembedanymaterial you would like included nfor their work recently - Jobii Boston, Director , to JenniGainsboroughilt the NPP (address on page 2).

10 SUMMER 1995 THE NATIONAL PRISON PROJEG JOURNAL complaints and that the diet he was put on Color of LawlMedical Care The district court incorrectly held that a has too few calories and too much saturated Conner v. Donnelly, 42 F.3d 220 (4th Cir. "spontaneous, isolated assault by a prison fat is ·'substantial." (1102) 1994). Aprivate physician who provides guard on an inmate is not punishment within medical services to a state prisoner acts the Eighth Amendment" and that action must Summary Judgment/fransfers/ under color of state law even if he does not "be imposed for a penal or disciplinary pur­ Procedural Due Process-Transfers have a contractual relationship with the pose" to constitute punishment. Authority to Schroeder v. McDonald, 41 F.3d 1272 (9th prison. (He did get paid.) At 225: this effect, such as]ohnson v. Glick, is no Cir. 1994). The plaintiff alleged that his Regardless ofwhether the private longer good law. return from a minimum security prison to the physician has a contractual duty or At 1037: medium security prison from which he had simply treats a prisoner without a ... [Ilt would certainly appear that been transferred was motivated by retaliation formal arrangement with the prison, defendants' actions (assuming for his complaints and litigation. the ph)lsician'sfunction within the arguendo that defendants committed The plaintiff's verified complaint based on state system is the same: the state the acts alleged in plaintiff's com­ his personal knowledge of admissible evi­ authorizes the physician to provide plaint) were designed to frighten dence was a sufficient response to a summary medical care to the prisoner, and the and degrade Pelfrey by reinforcing judgment motion. prisoner has no choice but to accept the fact that his continued well-being It is clearly established that the defendants the treatment offered by the physi­ was entirely dependent on the good cannot transfer a prisoner to punish him for cian. Even where a physician does humor ofhis armed guards. To us, filing litigation. However, the defendants not have a contractual relationship given the closed nature ofthe prison could have believed that their transfer was with the state, the physician can environment, this constitutes a Imrful because the plaintiff committed seven treat a prisoner only with the state's totally unwarranted, malicious and rule violations in his first 16 days at the new authorization.... [T1he physician acts sadistic use offorce to cause harm. prison and because his demands for law under color ofstate law because the We categorically reject defendants' library access and legal materials overbur­ state has incarcerated the prisoner argument that "an unprovoked dened the prison's limited staff. He had also and denied him the possibility of attack is not punishment. " To hold previously used or threatened force against a obtaining adequate medical care otherwise would ignore the power staff member at the medium facility, which on his own. arrangements that exist within the the defendants did not know at the time of prison environment and lead to the the initial transfer. Statutes of LimitationslHazardous anomalous result in which a prison­ The transfer denied due process. Aprison Conditions and Substances er who is assaulted after having pro­ policy stating that an inmate must be classi­ Nasim v. Warden, Md. House of voked a guard can state a cognizable fied according to the level or risk he Correction, 42 F.3d 1472 (4th Cir. 1995). claim for a constitutional violation presents, which" [speaks] in mandatory The plaintiff's pro se complaint should not while his eel/mate who is assaulted terms about how the classification of prison­ have been dismissed as frivolous. He alleged for absolutely no reason is afforded ers should be conducted," created a liberty that he was exposed to a toxic substance­ only that reliefpermitted by state interest. The transfer violated clearly estab­ asbestos-that endangered his health and law. [Emphasis in original] lished law "that defendants must follow made specific allegations as to "how and mandatory prison regulations," since the why" his rights were violated, Le., by Disabled/Qualified Immunity plaintiff's score was 9 and 21 was required permitting asbestos to fall from the ceiling Lue v. Moore, 43 F.3d 1203 (8th Cir. to justify the transfer. into his cell. While these allegations are 1994). Both damages and affirmative relief "unlikely," they are not "nonsensical." At are available under the Rehabilitation Act. Ex Post Facto Laws/Procedural 1475: "... [A] claim that prison officials Qualified immunity is also available. At 1205: Due Process-Temporary have purposely or with deliberate indiffer­ "The broad language of Harlow v. Fitzgerald Release/Crowding ence exposed a prisoner to a toxic sub­ ... suggests qualified immunity should nor­ Hock 1'. Singletary', 41 F.3d 1470 (lIth stance...does have a constitutional basis, mally be available in civil damages lawsuits Cir. 1(95). The petitioner was made ineligi­ Le., the Eighth Amendment." unless Congress has stated otherwise." ble for "control release" (release to keep Adistrict court should only dismiss a com­ The blind plaintiff's claim did not establish prison population within capacity limits) plaint as frivolous on limitations grounds a Rehabilitation Act violation; after he was based on his criminal conviction by a statute when the time bar is clear from the face of told that there were no vocational programs passed after he had committed the crime. The the complaint. Although the actions com­ for. blind inmates, he did not apply for them statute is "procedural" and does not affect plained of occurred outside the limitations anyway or request that a program be provid­ the "quantum of punishment" and therefore period, the claim did not accrue until the ed for him. At 1206: "... [T]he Rehabilitation its retroactive application does not violate the plaintiff knew or had reason to know of the Act also does not require the invention of Ex Post Facto Clause. It is different from good injury, and it is not clear that the plaintiff new programs designed for handicapped time statutes, which have been subjected to knew of the possible causal connection individuals." Nor were prison officials Ex Post Facto analysis, because it operates for between asbestos and his health problems required to send him out of the prison the convenience of the Department of until much later. for training. Correction. Since it is "arbitrary and unpre­ dictable" from the inmate's standpoint, the Use of Force/State Law Libraries and Law Books/lnmate inmate has no reasonable expectation that he Officials and Agencies Legal Assistance/Access to Courts­ will be able to use it to reduce his sentence. Pelfrey v. Chambers, 43 F.3d 1034 (6th Services and Materialsffelephones/ The statute also does not create an Cir. 1995). The allegation that correctional Attorney Consultation expectation enforceable under the Due officers forcibly cut off the plaintiff's hair with Casey v. Lewis, 43 F.3d 1261 (9th Cir. Process Clause. a knife stated an Eighth Amendment claim. 1994). At 1266: "The importance of this right

THE NATIONAL PRISON PROJECT JOURNAL SUMMER 1995 11 [court access) cannot be overstated. It is the librarian with a law degree, a library science The decedent's father has standing to assert right upon which all other rights depend." degree, or a paralegal degree. a § 1983 claim for his son's injury and death, The state has the burden of showing that At 1269: either in his own name, or as administrator. it has provided meaningful court access, Because an inmate's access to his However, the right to recover is governed by and the district court correctly concluded attorney is inextricably tied to his the state's law of survival of actions, and the that it had not. The text of its remedial order meaningful access to the courts, we district court must determine whether the is appended. reject Defendant's argument that to plaintiff can bring both a wrongful death and The district court correctly concluded that state a claim, Plaintiffs need to a personal injury action under § 1983 apply­ the contents of the law library were inade­ allege an actual instance in which ing Missouri law. quate. Some reporter volumes and pocket their access to the courts has been parts of secondary sources were missing. At impeded. [Footnote omitted.) Rehabilitation/Procedural Due 1266: "Updated inventories are unquestion­ The district court correctly concluded that Process-Temporary Release ably an essential element of an adequate restrictions such as limitation of calls to Browning v. Vernon, 44 F.3d 818 (9th Cir. library system." Also, some libraries did not issues relating to a prisoner's sentence, the 1995). The plaintiffs are assigned to Idaho's have self-help manuals. Id.: "The complexi­ granting of calls according to institutional "Rider Program," under which courts may ties of legal research at the very least require risk score rather than need, and the require­ retain jurisdiction of persons convicted of these aids to enable inmates to use the books ment that a prisoner divulge the nature of the felonies and place them in prison initially for effectively." At 1270: The district court rea­ call unjustifiably interfered with court access. purposes of being evaluated for potential sonably required the provision of Pacific At 1271: An order requiring at least three release on probation. Under the relevant pro­ Reporters and Digests. twenty-minute attorney calls a week at the cedures, prison staff prepare and notify the Inmates may be denied physical access to inmate's expense is affirmed. inmates of the initial recommendation and the law library only when it would threaten The district court defined the standard for permit them to read (but not keep) all evalu­ institutional security. At 1267: "... [U)nless indigency for purpose of providing free sup­ ations; anybody with a negative recommenda­ [defendants) can demonstrate actual security plies as $46. Although the evidence supports tion is immediately placed in segregation. risks, an inmate should be allowed access to that standard, the district court did not make About 24 hours later, the inmate is given a the law library. The district court correctly an explicit finding to that effect, and the court hearing and allowed to rebut any information concluded that [defendants) may not rou­ remands for a proper finding. The court or recommendation, calling members of the tinely prohibit lockdown inmates from notes in passing that evidence that the $22 staff and other inmates as witnesses. Afinal physically using the law library." (Footnote existing standard prevented prisoners from report is then sent to the sentencing court. omitted) At 1271: This does not mean that purchasing adequate supplies met the "actual The plaintiffs alleged that these procedures defendants can't bar a prisoner until harm injUry" standard. violate due process because 24 hours is not has occurred; a rational justification would The defendants' photocopying policy sufficient notice, they are not given copies of be sufficient. denied meaningful access to the courts the relevant documents to help them prepare At 1267: "Sufficient numbers of trained because plaintiffs had to give their materials for the hearing, and their placement in segre­ legal assistants also must be provided to pris­ to staff to be copied, breaching their confi­ gation means they cannot speak to their attor­ oners who are functionally illiterate or whose dentiality. (The district court found that some neys, contact witnesses, or have access to the primary language is not English." The failure documents had been read by staff.) These law library. to provide bilingual assistants or clerks allegations also met the "actual injury" stan­ The plaintiffs have a liberty interest in an denies meaningful access and is not remedied dard. The defendants' petition for certiorari "objective and reliable rehabilitation report" by reliance on other, untrained inmates. The has been granted. under state law; the Idaho Supreme Court defendants argued that providing a law said so. The state court went on to place library removed the barriers to court access Procedural Due Process­ "clear limits on official discretion" by requir­ erected by imprisonment. At 1268: "This Disciplinary Proceedings/ ing minimum due process protections, hold­ argument is without merit because [the Pro Se Litigation ing that state officials "have a duty to supply defendants) overlook[) the fact that the Janke v. Price, 43 F.3d 1390 (lOth Cir. the sentencing court with a fair assessment of restrictions on a prisoner's liberty attendant 1994). The plaintiff complained that he the inmate's rehabilitative potential and to imprisonment prevents [sic) the prisoner was not allowed to present witnesses at his [specifying) the due process requirements from enlisting the assistance of his family, disciplinary hearing. The magistrate judge needed to ensure the report's accuracy." friends, and a myriad of social services and held aMartinez hearing and improperly (821) The feder.al court says it agrees with legal aid organizations that would otherwise resolved facts concerning the hearing the state court. be available." At 1270: The district court has against the plaintiff, resulting in dismissal. A discretion to require both law library services Martinez hearing is "a tool to sort and clari­ TriallRestraints and legal assistance in its remedy. At 1271: fy issues raised in a pro se complaint," not a Davidson v. Riley, 44 F.3d 1118 (2d Cir. The requirement of a "training videotape" means of resolving factual disputes. Also, it 1995). The district court required the pro se does not constitute legal assistance to all was error to consider matters outside the plaintiff to wear handcuffs and leg irons prisoners; the court merely concluded that it pleadings in deciding whether the complaint during his civil trial, stating that he "should be would help make the law library accessible to stated a claim. treated as those people in charge of you think all prisoners. you should be treated." (1120) The correc­ The district court correctly concluded that Suicide Prevention tion officers justified keeping him restrained staffing the libraries only with security offi­ Frey v. City ofHerculaneum , 44 F.3d 667 because he was an escape risk. However, cers was inadequate. At 1268: "Library staff (8th Cir. 1995), vacating 37 F.3d 1290 (8th escape charges had been expunged in two should at least have some basic knowledge of Cir. 1994). Here's yet another case of an prior state court decisions, and an Attica legal research." At 1271: The district court intoxicated person who was arrested and Deputy Superintendent had determined that he properly required that each library have a hanged himself in jail. would no longer be considered an escape risk.

1 '? CI 11.uACO 100,;;: THE NATIONAL PRISON PROJECT JOURNAL Physical restraints are to be used as a last to go to a jury, regardless of lack of injury. was unknown could not meet the "some resort in civil as well as criminal trials. They An alleged retaliatory motive goes to "know­ evidence" standard. may be used "when the court has found those ing willingness that harm occur," so its pres­ The refusal to call the officer who restraints to be necessary to maintain safety ence means that a lesser showing of injury is allegedly permitted the plaintiff into the area or security, but the court must impose no needed to establish wantonness. of the theft, other officers who could vouch greater restraints than are necessary, and it Evidence that an officer read the plaintiff's for the plaintiff's whereabouts during the must take steps to minimize the prejudice legal mail supported a constitutional claim. relevant time period, and inmate clerks who resulting from the presence of the restraints." Evidence that the plaintiff was subjected to had access to the stolen materials, denied (1122-23) The court must exercise its daily strip searches was sufficient to "justify due process; the claim that they were discretion and not defer entirely to those an inference of calculated harassment" and irrelevant was bogus. No security issue guarding the prisoner. avert summary judgment. was raised. If the court has exercised its discretion, Evidence of gratuitous physical attacks review wiII be for abuse of discretion. If the and repeated abusive strip searches and Searches-Visitors and Staff court has failed to exercise its discretion, destruction of property support a claim for Varrone v. Bilotti, 867 F.Supp. 1145 harmless error analysis wiII apply, and the retaliation for filing a grievance. However, (E.D.N.Y. 1994). Prison visitors retain a court should consider "the strength of the the plaintiff did not provide sufficient evi­ Fourth Amendment right to be free from case in favor of the prevailing party and what dence of racial animus on the part of any unreasonable searches and seizures, although effect the restraints might have had given the defendant except for the one who called their expectation of privacy is diminished rel­ nature of the issues and evidence involved in him "nigger." ative to that outside prison. Courts have the trial." (I 124) adopted a "reasonable suspicion" standard to Here, the court abdicated its discretion Use of Force/Standing govern strip searches of visitors. When to the officers; it failed to hold a hearing Fierro v. Gomez, 865 F.Supp. 1387 authorities rely on information from a confi­ although one was clearly needed; and it (N.D.Cal. 1994). Execution by lethal gas dential informant, the tip must have some made no substantial effort to minimize the constitutes cruel and unusual punishment. indicia of reliability, Le., linkage to other prejudicial effect of restraints. Anew trial Prisoners had standing to challenge this form objective facts. Generalized suspicions of is ordered. of execution even though they were given the drug smuggling do not justify the strip search option to select lethal injection. (Many capi­ of a particular 'visitor unless there is informa­ DISTRICT COURTS tal defendants refused to make an election.) tion about that person. The visitor's supposed consent to the ReIigion-PracticeslFederal Prisons Procedural Due Process-Visiting search did not waive his Fourth Amendment and Officials Gavin v. McGinnis, 866 F.Supp. ll07 rights because the result would have been Howard v. United States, 864 F.Supp. (N.D.IlI. 1994). Aprison regulation that to waive the visit. Nor does the posting of a 1019 (D.Colo. 1994). The plaintiff, a provides that prisons "shall permit every general warning sign about searches mean Satanist, is granted a preliminary injunction committed person to receive visitors, that anyone who visits can be strip searched. requiring prison officials to provide time and except in case of abuse of the visiting privi­ An officer who performed the search space for his Satanic rituals, and barring the lege or when the chief administrative officer cannot escape liability on the ground that defendants from restricting the plaintiff's determines that such visiting would be he was not involved in making the decision access to candles, candle holders, incense, a harmful or dangerous to the security, to search. gong or bell, a black robe, a chalice, and an safety, or morale of the institution or The defendant is not entitled to qualified object suitable for pointing to any greater facility" creates a liberty interest protected immunity because the law of the Supreme degree than any other religious group's. by due process. However, the defendant Court, Second Circuit, and other appeals This case was decided under the Turner test Assistant Warden was not shown to be courts "collectively" established the reason­ and not the Religious Freedom Restoration personally responsible for the denial of the able suspicion standard. The court cites Act. The court notes that many of the supposed plaintiff's visit or to have failed to respond the general balancing test of Bell v. Wolfish, security risks involved in the plaintiff's prac­ to widespread abuses. The defendant was the Second Circuit's application of a reason­ tices (e.g., use of hooded robes) also apply to also entitled to qualified immunity despite able suspicion standard to prison staff by practices that other groups are permitted. The the prior existence of one reported and analogy to visitors, and the unanimity of court concludes that they are pretextual. Other two unreported cases in the same district circuits that had addressed the question arguments are completely speculative-e.g., holding that the regulation created a directly. Departmental rules "bolster the that the plaintiff's beliefs would place him in liberty interest. conclusion that the rights asserted by plaintiff jeopardy (he read Satanic literature in public were delineated clearly at the time of the and wore Satanic medaIliol).s). The court does Procedural Due Process­ March 1989 search." (1l53) not credit the claim that Satanism is opposed Disciplinary Proceedings The plaintiffs are entitled to add defendants (0 the rehabilitative goals of prison, since the Gilbertv. Selsky, 867 F.Supp. 159 after the expiration of the limitations period plaintiff's version of Satanism does not include (S.D.N.Y. 1994). An official who reviews because the claims relate back to the filing drinking blood and eating flesh. disciplinary determinations is not entitled to of the initial complaint. The defendants in absolute quasi-judicial immunity. question either are or would be represented Use of Force/Classification-Race There was no evidence to support the by the Attorney General, who represents all Burton v. Kuchel, 865 F.Supp. 456 plaintiff's conviction for theft. Facility records the existing defendants, and those attorneys (\.D.IlI. 1994). Evidence that an officer showed that he had not been in the relevant knew or should have known that additional shored the plaintiff against a wall did not area during the preceding ten days, he was defendants would be added. The court weighs support an Eighth Amendment claim in the not found with any of the stolen property, and the fact that the plaintiff was proceeding pro absence of injury. However, a "gratuitous many other people had access to the area. se and was not in a position to identify all punch in the stomach is of sufficient gravity" Hearsay from an informant whose reliability defendants before suing.

THE NATIONAL PRISON PROJECT JOURNAL SUMMER 1995 13 Use ofForcelMedical Care­ dent from his seven-day sentence and taking the law is clear enough that "choking a Standards of Liability! him to the hospital with instructions that he physically handicapped detainee and knock­ Pro Se Litigation was responsible for his own bill. However, ing him over might constitute a constitutional GUidry v. Jefferson County Detention there is no evidence that he called the dece­ tort." (1403) The defendant is not immune Center, 868 F.Supp. 189 (E.D.Tex. 1994). dent's health problems to the judge's atten­ from the state law assault and battery claim, The Jefferson County Detention Center is not a tion. Since the sheriff and deputy knew that since the plaintiff's allegations may establish proper defendant. The plaintiff is given the decedent was in "a state of mental and "malicious or corrupt" action defeating state the opportunity to amend his complaint to physical peril" and "in no condition to be law official immunity. include the county itself, which has notice of turned out on his own," they were not entitled Eighth Amendment standards do not govern the suit through commonality of representa­ to qualified immunity. the use of force against pre-trial detainees. tion. At 191: "Where a lay person confronts The Bell v. Wolfish standard is not designed with [sic] the morass attorneys and judges Publications for use of force cases. The court develops the call civil procedure, mistakes may occur for Kalasho v. Kapture, 868 F.Supp. 882 following standard (at 1412): which dismissal or other disposition may· (E.D.Mich. 1994). The plaintiff was not ... First, search for evidence that work an injustice." permitted to receive a catalog because the use afforce was intended to The plaintiff alleged that he was in a of a prison regulation forbidding prisoners punish the detainee.... This intent fight with another inmate and that an to receive third class/bulk rate mail. inquilJ' is not substantially different officer, rather than trying to stop the fight, (The regulations permitted the receipt than the current Eighth Amendment punched him in the face. The defendants' of catalogs "subject to the limitations of requirement, although intentionally answer alone did not entitle them to this rule. ") easierfor a plaintiffto meet. summary judgment. The policy is not unconstitutional under Second, ifthere is no dil'ect evidence The plaintiff alleged inadequate medical the Turner standard. It serves to avoid a ofintent. determine (I) whether a care. The defendants' allegation that he "tremendous influx" of incoming mail that legitimate interest in the use afforce received medical attention on three dates would present problems of smuggling contra­ is evident from the circumstances, did not entitle them to summary judgment. band, hiding contraband and complicating and (2) ifso, whether the force used At 198: searches, fire hazards, and accumulation of was necessary to further that inter­ The quantity ofthe plaintiffs excess property. The regulation is neutral. est.... As in Hudson v. McMillian, the treatment is not dispositive issue The plaintiff has alternatives; the catalog is detainee would not be required to [sic} in an Eighth Amendment med­ available in the prison store and the plaintiff sholl' severe injuries.... Ifthe jail ical care claim. Instead, such a had ordered items from the company in the officialfails either prong, his con­ claim may rest on omissions or acts, past. Accommodating prisoners might over­ duct violated the pretrial detainee's that is, the quality ofthe care. The whelm prison staff and it would tax prison due process rights under the defendant could assert that plaintiff resources at the expense of first class mail. Fourteenth Amendment. saw a doctor every day for an entire The plaintiff showed no easy alternative to month, but ifthe doctor did not treat the policy. (This decision is in conflict Procedural Due Process­ a known and serious medical need, with an unreported decision from another Administrative SegregationlRes or rendered malicious treatment, Michigan district.) Judicata and Collateral Estoppel then a cause ofaction would still lie. Giano v. Kel!;)) , 869 F.Supp. 143 (W.D.N.Y. [Emphasis in original.} Medical Care-Standards of 1994). The plaintiff was released from puni­ Liability-Deliberate Indifference tive segregation after an escape attempt and Medical Care-Standards of Liability TaJllor v. Anderson, 868 F.Supp. 1024 then was placed in administrative segregation Sappington v. Ulrich, 868 F.Supp. 194 (N.D.IlI. 1994). The plaintiff alleged that after he was stabbed. (E.D.Tex. 1994). The plaintiff broke his after the prison contracted with the Service There is a liberty interest under state fooi and was not sent to a hospital for five America Corporation he did not receive a diet regulations in remaining free from adminis­ months. He also did not receive a splint as that he could eat consistently with his dia­ trative segregation. prescribed by the jail doctor. These allega­ betes. His claim that he had informed prison The plaintiff received the same justification tions are sufficient to withstand summary officials of his condition and complained to for his retention in segregation on 70 judgment against the doctor and the prison's them about his meals sufficiently stated a separate review forms, which cited events health administrator, who had actual knowl­ deliberate indifference claim. The allegation that happened at another prison, including edge of the injury. The fact that the plaintiff that the defendant has threatened his health his stabbing, which had not been explained. received some treatment did not negate the and endangered his life by failing to provide However. the court noted that another inmate defendants' liability. him with the required diet sufficiently alleges had provided information about the stabbing The plaintiff's submission of complaint a serious medical need; more detailed plead­ that had apparently never been investigated. forms to the health administrator was suffi­ ing is not necessary. (The defendants had At 150; "In order to justify an inmate's cient to establish that defendant's personal argued that since diabetes can vary from continuing confinement in administrative responsibility at this stage. person to person, more specific allegations segregation, prison officials must be prepared were necessary.) to offer evidence that the periodic reviews Medical Care held are substantive and legitimate, not Flood v. Hardy, 868 F.Supp. 809 (E.D.N.C. Use of ForcelPre-Trial merely a 'sham.''' The defendants are not 1994). The decedent was observed diving off DetaineeslDisabled entitled to summary judgment on these facts. the upper cell bunk and talking to himself Telfair v. Gilberg, 868 F.Supp. 1396 Nor are they entitled to qualified immunity, incessantly. The sheriff allegedly got a judge (S.D.Ga. 1994). Under both the Eighth since the right to "meaningful" review was to authorize by telephone releasing the dece- Amendment and the Due Process Clause, clearly established.

14 SUMMER 1995 THE NATIONAL PRISON PROJECT JOURNAL Crowding defendant is entitled to a qualified immunity The commonalit)' requirement will Tabech v. Gunter, 869 F.Supp. 1446 defense, discovery must not proceed until the be satisfied ifthe named plaintiffs (D.~eb. 1994). The court's prior injunction court finds that the plaintiff has asserted facts share at least one question offact or against random double ceiling of new admis­ sufficient to overcome the defense. This law with the grievances ofthe sions was not affected by the Helms Amend­ "heightened pleading" requirement requires prospective class....Because the ment to the Violent Crime Control and Law "more than bald allegations and conclusion­ requirement may be satisfied by a Enforcement Act of 1994. The statute does ary statements. [The plaintiff] must allege single common issue, it is easily not apply to these cases because they are not facts specifically focusing on the conduct of met.... Furthermore, class members "crowding" cases. Also, the statute by its terms [the defendant] which caused his injUry." can assert such a single common refers only to cases involving an "individual (995, footnote omitted) The seeming unfair­ complaint even ifthey have not all plaintiff inmate" and not to class actions. In ness of this policy "is tempered by this cir­ suffered actual injury; demonstrat­ addition, there was sufficient evidence in the cuit's directives to allow a plaintiff initially ing that all class members are sub­ record to support relief as to each plaintiff, failing to state a claim the opportunity to ject to the same harm will suffice.... named or unnamed. The court refers to amend or supplement the pleadings freely, so el"idence showing that "violent cellmate con­ that he may state his best case." (997, foot­ * * * frontations are routine" and that double note omitted) ceiling is "the primary factor leading to vio­ ... (Rule 23}(b) (2) classes have lent attacks" between cellmates, among other Attorneys' Fees and Costs been certified in a legion ofcivil points. At 1452: "There is nothing in the Act Lunday v. Cit), ofAlban)', 42 F.3d 131 (2d rights cases where commonality \I"hich prohibits a court from concluding that Cir. 1994). The plaintiff recovered $35,000 findings were based primarily on the the trial evidence is sufficient to establish an for excessive force against one officer in a fact that defendant's conduct is cen­ Eighth Amendment violation regarding every case where he had sought damages against tral to the claims ofall class.mem­ member of a class even though the court may other officers and the City for excessive force, bers irrespective oftheir individual not (and probably would not) know the name unlawful arrest and malicious prosecution. circumstances and the disparate of each class member." Finally, the relief The district court was not required to reduce effects ofthe conduct.... sought does not employ a population ceiling the lodestar to reflect the unsuccessful claims and does not extend further than necessary to because these were not "wholly unrelated" to * * * remove the unconstitutional conditions. the successful claims. Afee award of $118,000 on a $35,000 verdict is upheld. Even where individualfacts and \O\-PRISOi\ CASES circumstances do become important Attorneys' Fees to the resolution, class treatment is Consent Judgments/Contempt! Wilcox v. City ofReno, 42 F.3d 550 (9th not precluded. Classes can be ~odification ofJudgments Cir. 1994). The plaintiff was awarded $1.00 in certifiedfor certain particularized Barcia v. Sitkin, 865 F.Supp. 10 15 a use of force case against the municipality. issues, and, under well-established (S.D.\.Y. 1994). Aconsent decree provided The district court award of $66,535 in fees is principles ofmodern case manage­ for yarious substantive obligations as well as upheld. At 554: "Nothing in Farrar ... suggests ment, actions are frequently a .. \lonitoring Period." The substantive oblig­ that district courts may never award fees to a bifurcated. ations continued for the life of the decree and party who recovers only nominal damages." did not end with the expiration of the Monit­ However, to justify an award, there must be With respect to typicality, even "relatively oring Period. some other way in which the litigation suc­ pronounced factual differences" do not pre­ The court finds the defendants in violation ceeded. Here, the fact that a jury found a clude meeting the requirement where there of I"arious provisions of the decree and orders municipal policy of excessive force that is a strong similarity of legal theories. At 58: them to clean up their act. In some cases it caused the plaintiff's injuries, which may col­ "Where an action challenges a policy or prescribes future actions which appear to laterally estop the defendant in other cases, is practice, the named plaintiffs suffering one amount to modification of the judgment with­ significant. In addition, the district court held specific injury from the practice can repre­ out discussion of the modification standards. (at 556): "Exposing an unconstitutional poli­ sent a class suffering other injuries, as The court holds the defendants in contempt cy of this sort within the city police depart­ long as all the injuries are shown to result but declines to order sanctions, though they ment does a great deal more than a finding from the practice." may be imposed based on further noncompli­ that a plaintiff's rights have been infringed In this challenge to provision of statutorily ance. The court extends the monitoring per­ upon in some unspecified way. The police mandated child care services, "[t]he iod for two years. department itself, and the community at large district court will ... not need to make benefit from a finding of this sort." Moreover, individual, case-by-case determinations in Contempt the City admitted that there had been a change order to assess liability or order relief. Sell" York State National Organization for of policy, Le., a prohibition on fist strikes to Rather, the court can fashion precise orders !fO/llell 1'. Terry, 41 F.3d 794 (2d Cir. 1994). the face, though they claimed it had nothing to address speCific, system-wide deficiencies \oncompensatory fines totalling $500,000 to do with the litigation. Also, the officer was and then monitor compliance relative to imposed for civil contempt without the pro­ disciplined, and his misconduct might not those orders." (64) • tections of the criminal process must be have come to light without the lawsuit. I"acated under Bagwell. John Boston is the director ofthe Class Actions-Certification Prisoners' Rights Project, LegalAid Pleading of Classes Society ofNew York. He regularly lUcks 1'. MississiPPi State Employment Baby Neal for and by Kanter v. Casey, 43 contributes this column to the Sen·ice. 'il F.3d 991 (5th Cir. 1995). When a F.3d 48 Od Cir. 1994). At 56-57: NPPJOURNAL.

THE NATIONAL PRISON PROJECT JOURNAL SUMMER 1995 15 No uniformity in AIDS policies 21114-1989 Prisoners form AIDS peer education groups 21114-1989 Index to Articles More states mainstreaming HIV prisoners 22/18-1990 Mandatory AIDS testing on the rise 22/18-1990 KEY Voluntary AIDS testing more effective 22/18-1990 The NPP JOURNAL is published quarterly, each Winter, Spring, Not all states providing AIDS drugs 22/18-1990 Summer and Fall. The following key identifies the quarter and year of Review of N. Freudenberg's AIDS education book VoI.5/2/17-1990 publication by issue number. AIDS education program for Rikers Island women VoI.5/3/18-1990 Issue#: Natl. Commission on AIDS holds hearing Vol. 5/4126-1990 #1-2 Fall-Winter 1984 NPP's AIDS Project advocates programs, education VoI.6/1I3-1991 #3-6 SpringSpring-Winter 1985 Criminalizing the AIDS epidemic VoI.611/18-1991 #7-10 Spring-Winter 1986 States mainstreaming HIV+ prisoners VoI.6/2/18-1991 #11-14 Spring-Winter 1987 Ex-prisoner with AIDS speaks at NPP forum VoI.6/3/18-1991 #15-17 Spring-Fall 1988 Women prisoners develop AIDS #18-21 Winter-Fall 1989 education program VoI.6/4I18-1991 #22 Winter 1990 TB a threat to prisoners, especially if HIV + Vol. 711/1-1992 Vo1.5, No.2-4 Spring-Fall 1990 NPP AIDS Coordinator looks back Vol. 7/1/21-1992 Vo1.6, No.I-4 Winter-Fall 1991 NY alliance advocates for inmates with AIDS Vol. 7/2/18-1992 Vo1.7, No.I-4 Winter-Fall 1992 Progress slow on medical parole VoI.7/3/18-1992 Vo1.8, No.I-4 Winter-Fall 1993 Condom distribution VoI.7/4/26-1992 Vo1.9, No.I-4 Winter-Fall 1994 Activists for prisoners with AIDS VoI.8/1I22-1993 Vol.IO, No.I-3 Winter-Summer 1995 AIDS peer educators VoI.8/2/22-1993 NY medical parole law VoI.8/3118-1993 Note: In Spring 1990, the NPP JOURNAL began using a volume-num­ AIDS education for women VoI.8/4I18-1993 bering system. In the index below, articles from issues prior to Spring Women's peer education programs VoI.9/1/22-1994 1990 list issue and page number followed by the year of publication Discharge planning for AIDS prisoners VoI.9/2/18-1994 (e.g., 3/21-1985). Articles from the Spring 1990 issue onward list vol­ Interview with Theodore Hammett VoI.9/3/18-1994 ume, issue, page number and year of publication (e.g., VoI.5/2/6­ In Memory: Joann Walker and Jim Magner Vol.9/4I18-1994 1990). Please note that this Index includes only select listings from the Segregation in Alabama Vol.I0/1I18-1995 Case Law Report section. Those listings are identified by a "CL" at the Florida AIDS care unit Vo1.l0/2/18-1995 end of the issue reference, Le., VoI.7/2/6CL-1992. National conference on women liVing with HIV/AIDS Vol.I 0/3/30-1995 ·A· AIYETORO, ADJOA A. ACCESS TO THE COURTS Profile of NPP lawyer, political activist Vol. 5/413-1990 Mecklenburg prison obstructs lawyer access 3/2-1985 ALABAMA Florida opens capital appeals office 7/1-1986 An expert's view of the Alabama case 8/12-1986 The serious shortage of death penalty lawyers 12/1-1987 Former NPP lawyer remembers Alabama case 13/8-1987 Lawsuit increases legal access on Louisiana Reflections of an expert witness 13113-1987 death row VoI.6/2/15-1991 Alabama case challenges AIDS policies 17/8-1988 Can officials prevent prisoners from offering Alabama prison-monitoring committee folds 20/1-1989 legal assistance? VoI.8/1I20-1993 Alabama changes policy on juveniles in adult jails VoI.5/2/6-1990 ADMINISTRATIVE SEGREGATION Segregation of HIV/AIDS prisoners Vo1.l0/1I18-1995 Ad. seg. conditions in Arizona prison challenged 113-1984 ALEXANDER, ELIZABETH Settlement reached in Arizona case 5/4-1985 Interview with NPP lawyer Alexander VoI.6/4I14-1991 AIDS (Acquired Immunodeficiency Syndrome), HIV VIRUS ALTERNATIVES TO INCARCERATION NPP gathers the facts on AIDS in prison 6/1-1985 Surveys show support for alternatives 9/1-1986 Results of AIDS in prison survey (1985) 6/4-1985 Examining community service alternatives 10113-1986 Medical expert cites problems in AIDS screening 6/5-1985 Prison not always answer for female offenders 10/11-1986 Balanced response needed to AIDS in prison 7/1-1986 Alternatives only option for D.C. 11113-1987 AIDS policies raise civil liberties concerns 10/10-1986 Few alternative programs exist for women 12/9-1987 NPP establishes AIDS Project 11116-1987 Imprisoned mothers face extra hardships 1411-1987 NPP releases AIDS Bibliography 12/13-1987 InvolVing victims and offenders in sentencing 1419-1987 Correctional health care: past and future 13/29-1987 Alternatives part of agreement in Maryland jail case 15/13-1988 Astudy of New York inmates with AIDS 1517-1988 Sentencing guidelines encourage alternatives 18/1-1989 NPP gathers statistics on AIDS in prison 16/5-1988 Maryland jail case encourages alternatives 18/11-1989 Results of AIDS in prison survey (1988) 16/6-1988 Alternatives aid Washington prison population decrease 19/1-1989 NPP hires AIDS project coordinator 16/14-1988 Citizen participation in corrections 20/12-1989 Alabama case challenges AIDS policies 17/8-1988 Electronic monitoring in use and history 2115-1989 NPP releases three AIDS publications 17/26-1988 ACLU demands spur alternatives in Hawaii Abrief history of AIDS in prison 19/13-1989 juvenile system VoI.5/2/5-1990 Interview with Billy S. Jones, Whitman-Walker Clinic 20/14-1989 Palmigiano judge urges alternatives VoI.6/2/5-1991 Spanish AIDS booklet available 20/15-1989

16 SUMMER 1995 THE NATIONAL PRISON PROJECT JOURNAL Alternative programs that work VoI.6/312-1991 Bernat, Betsy ABA report urges sentencing, corrections reform Vol. 7/3/1-1992 "How Some Folks Do It In the Lone Star State" 1/8-1984 AMERICAN BAR ASSOCIATION "Chock Full of Nuts" 2110-1984 ABA report urges sentencing, corrections reform VoI.7/3/1-1992 "How the West Was Won, Part II" 5/5-1985 "Hold Your Nose! NPP Examines the Diet Loaf' 8/10-1986 AMERICAN CIVIL LIBERTIES UNION "Fourth Circuit Upholds Lower Court Order ACLU opens death penalty centers in South 717-1986 in South Carolina" 11/13-1987 ACLU opens Women Prisoners' Rights Project 7/10-1986 "Another Day, Another Dead Roach In the Mail" 13/35-1987 ACLU of Montana inspects Montana jails 10/9-1986 "NPP Lawyer Ed Koren: Attica Started It All" 16/12-1988 ACLU's Rights ofPrisoners revised 15/14-1988 "Dramatic Rise in Numbers of Elderly Prisoners Death penalty lawyers accept ACLU award VoI.6/4I1-1991 Means Special Care, Increased Costs" 20/9-1989 AMERICAN CORRECTIONAL ASSOCIATION "Early Prison Reforms Give Way to Present-Day ACA asked to ease housing standards VoI.6/3/14-1991 Crowding" VoI.5/3/16-1990 NPP denounces ACA stance on brutality question VoI.7/1/5-1992 "NPP Lawyer Discusses Wilson, Legal Trends" VoI.6/4I14-1991 ACA votes to ease housing standards VoI.7Il/5-1992 "NPP Denounces ACA's Failure to Back Use of Force Standards" VoI.7/1/5-1992 ARIAS V. WAINWRIGHT "ABA Report Urges Reform in Sentencing, NPP case challenges conditions in Florida jails 3/1-1985 Corrections" VoI.7/3/1-1992 ARIZONA Berzins, Lorraine Parties move toward settlement in Black 1/3-1984 "Is Legal Punishment Right? The Answer is No" VoI.812/17-1993 Revived settlement halts trial in Black 5/4-1985 Alighter view of the Arizona case 5/5-1985 Bonnyman, Gordon "Recent Federal Court Orders Spur Tennessee ATtICA Toward Prison Reform" 8/1-1986 Remembering the Attica uprising 13/5-1987 "Reform Advances in Tennessee After Decades NPP lawyer's work rooted in Attica 16/12-1988 of Brutality" VoI.8/4I1-1993 Twenty years after Attica VoI.6/4I17-1991 Boston, John AUSTIN V. LEHMAN "Case Law Report" 21/9-1989,2219-1990, Vols. 5/219-1990, Community coalition boosts PA litigation Vol. 712/12-1992 5/3/10-1990,5/419-1990,6/1/6-1991,6/216-1991,6/3/6-1991, Agreement reached in statewide PA case Vo1.9I4I17-1994 6/416-1991,7/1/6-1992,7/216-1992,7/3/6-1992,7/416-1992, AUTHORS 8/1/12-1993,812/8-1993,8/317-1993,8/417-1993,9/1/13-1994, Adams, Stuart 91217-1994, 9/3/6-1994, 91416-1994, 10/1/6-1995, 101217-1995, "Louisiana Death Row Gains Greater Legal Access" VoI.612/15-1991 10/3/5 -1995 Aiyetoro, Adjoa A. Brantley, Robert 1. (with Olinda Moyd) "Vestiges of Slavery: Racism in Sentencing" 2112-1984 '''Tomorrow's Neighbors' Celebrate NAACP "Bureau Continues Totalitarian Measures at Marion" 5/8-1985 Inmate Chapter" 18/13-1989 ";..rpp Goes Beyond Litigation in Pennsylvania" VoI.712/12-1992 Breed, Allen Alexander, Elizabeth "Special Masters: Debate Needed on Role of Masters "Justice Department Retreats: The Michigan Case" 1/1-1984 in Litigation" 13/15-1987 "Judge Halts Meddling with Access to Clients" 312-1985 Bright, Stephen B. "Violations in South Dakota Prison Lead to Lawsuit" 416-1985 ''Judicial System Inconsistent in Doling Out Death" 6/12-1985 "C.s. v. Michigan.' An Update from the Battlefield" 1218-1987 "ACLU Awards Medal of Liberty to Bryan Stevenson, "Prisoners' Lawyers Face Critical Issues" 13122-1987 Stephen Bright" Vo1.6/4I1-1991 "Can Contract Care Cure Prison Health Ailments?" 2215-1990 Bronstein, Alvin J. "Proving 'Deliberate Indifference' in the Wake of "Opening Remarks" 112-1984 Wilson v. Seiter" Vo1.6/4I3-1991 "Court Says Hands Off on Contact Visits and Cell Privacy" 1/9-1984 Andersen, Erik "The Legal Implications of Privatization" 2/1-1984 "Denmark's Radical Approach to Super-Max "Rhode Island Prisons Changing After Seven-Year Yields Success" 6/8-1985 Litigation Effort" 3/1-1985 Bagdikian, Ben H. "Super-Max Prisons Have Potential for Unnecessary Pain "Media Treat Crimes As Isolated, Random Events" 13/31-1987 and Suffering" 411-1985 "Neglect of Prisons Reaps High Costs for Society" 7/12-1986 Baird, Katy "Sweeping New Order in Rhode Island Case Promises "Death Penalty Law Still Tolerates Inequities" 1418-1987 Further Relief" 8/5-1986 Barbaret, Rosemary "15 Years of Prison Litigation: What Has It Accomplished?" 11/6-1987 "Political Fallout Means Fewer Furloughs" 19/10-1989 "Supreme Court Agrees to Hear Brutality Case" VoI.6/3/1-1991 Barry, Ellen "U.S. Policies Create Prison Human Rights Violations" Vo1.6/3/4-1991 "Imprisoned Mothers Face Extra Hardships" 1411-1987 "High Court Hands Down Prisoners' Rights Bell,James Victory in Beating Case" VoI.7/2I1-1992 "Kids in Adult Jails: Still a Problem in 1990" Vol. 512/6-1990 "No Equal Justice Under the Law in India ­ orthe U,S." VoI.9/3/1-1994

THE NATIONAL PRISON PROJEG JOURNAL SUMMER 1995 17 "Bill Seeks to Stop Courts From Protecting "Judge Orders Changes at Virginia Penitentiary" VoI.6/l/14-1991 Basic Rights" (with Chase Riveland) VoU0/2/4-1995 "Prisoners Need Protection From Environmental Burns, Haywood Hazards" VoI.6/4I12-1991 "Remembering Attica" 13/5-1987 "TB Comes Back, Poses Special Threat to Jails, Prisons" VoI.7/l/1-1992 Burr, Richard "Citizens Protest Taking of Farmland for Federal "Book Review: Death Work: A Stud)' ofthe Modem Prison Site" Vol. 7/3/3-1992 Execution Process by Robert Johnson" VoI.5/3/l6-1990 "Film Review: 'Cancelled Lives'" Vol. 7/3/l7-1992 Cade,Julia "Isolation, Excessive Force Under Attack at "No More QUick Options for District of Columbia" 11/13-1987 California's Supermax" VoI.7/4I5-1992 "Lack of Resources No Defense for Constitutional "Liberian Lawyer 'Always Knew' He Would Be Violations" ll/14-1987 Thrown in Jail" VoI.8/3/l-1993 "ABA Funds Death Penalty Project" 12/8-1987 "Reflections on Lucasville: Have We Learned "Prisoners With AIDS in New York Live Half as Long as Anything Yet?" VoI.8/3/l4-1993 Those on Outside" (with Jan Elvin) 1517-1988 "Agreement Reached in Rhode Island Prison Case "Machine Administers Fatal Injection" 17/4-1988 After 17 Years" VoI.9/3/3-1993 "Court Denounces Practices at Lexington Control Unit" 17/l9-1988 "Corrections-Industrial Complex" Expands in l.S." VoU 0/1/1-1994 "NPP Status Report: The Courts and the Prisons" (1990) 2217-1990 "'Three Strikes' Law Won't Reduce Crime" VoU 0/2/5-1994 Chayriques, Kara Fathi, David "Billing Prisoners for Medical Care Blocks Access" Vol.9!1/1-1994 "The Lost Meaning of Whitley v. Albers" VoI.5/3/3 -1990 (with Mark Lopez) (with Mark Lopez) "U.S. Punishes Political Dissidents" VoI.5/4/6-1990 Cheney, Catherine Interview with Alvin J. Bronstein VoI.6/2/1-1991 "Crowded Prisons and Jails Unable to Meet Needs "Modification of Consent Decrees Goes to of Mentally Ill" (with Mark Lopez) Vol. 7/3/l5-1992 High Court" VoI.6/3/17-1991 Clements, Carl B. Flittie, Roger G. "How to Evaluate Offender Needs Assessment" 18/l-1989 "The Class Representative: APersonal Experience" 13/l9-1987 Cohen, Robert L., M.D. Freeman, Alexa (with Judy Greenspan) "Medical Expert Views Potential for Abuse in "AIDS Project Presses for Programs Behind Walls" VoI.6/l/3-1991 AIDS Screening" 6/5-1985 Gainsborough, Jenni Conrad, John "Funding For People, Not Prisons" VoI.8/4/l7-1993 "An Expert Reflects on the Changing Face of "NPP Hosts Litigation Conference" Vol.9!3/5-1994 Prison Litigation" 8/12-1986 "Agreement Reached in Statewide Pennsylvania Courlander, Michael (with David E. Tracey) Case" VoI.9/4I17-1994 "Third Party Supervision Bolsters Probation "Court Decides Landmark Class Action Case in Programs" VoI.6/1/16-1988 Favor of Pelican Bay Prisoners" VoUO/1/13-1995 Curtis, Dennis Geballe, Shelley (with Martha Stone) "The Reform of Federal Sentencing and Parole Laws" 13/21-1987 "The New Focus on Medical Care Issues in Dolby, J.D. (with Kathi S. Westcott) Women's Prison Cases" 15/1-1988 "An Anlysis of Drug Testing in Prison" VoU 0/2/6-1986 Giarratano,Joseph Dorsey, L.C. "Prison Reform Viewed From the Inside" 13/l8-1987 "The Death Penalty is Still Wrong" 3/8-1985 "Book Review: Last Rights: Thirteen Fatal Encounters with the State's Justice, by Dubler, Nancy Joseph B. Ingle" VoI.5/4/25-1990 "Medical Care: Past and Future" 13/29-1987 Glasser, Ira Elvin,Jan "Bronstein Leaves NPP But Not Human "Private Firms Cash in on Crime" 1/6-1984 Rights Work" VoU 0/3/1-1995 "Private Prison Plans Dropped by Buckingham" 6/11-1985 "Florida Death Penalty Appeals Office Opens" 7/1-1986 Goering, Susan (with Claudia Wright) "Oklahoma Prisoner Earns Place in History: The "Maryland: Litigation Can Stop Unnecessary Story of Battle v. Anderson" 10/1-1986 Jail Building" 18/l1-1989 "Where Are The Lawyers?" 12/l-1987 Goldberg, Judy (with Nadine Marsh) "NPP Celebrates 15 Years with Memories of Past, "Ex-Offenders Find Doors Closed On Voting Rights" 3/3-1985 Hope for Future" 14/l1-1987 Goldstein, David B. "Prisoners With AIDS in New York Live Half as Long as "Supreme Court Summary" 1416-1987 Those on Outside" (with Julia Cade) 1517-1988 "Washington State's Prisoner Numbers Stabilize as Gostin, Larry National Rate Soars" 19/1-1989 "AIDS in Prison: AIDS Policies Raise Civil "Doubts Raised in Virginia Death Row Prisoner Case" 22/1-1990 Liberties Concerns" 10/l0-1986 "Adjoa Aiyetoro: Political Activist" Vol. 5/4/3-1990 Green, Alice P. "U.S. Now Leads World in Rate of Incarceration" VoI.6/l/1-1991 "Black Prisoners Organize for Self-Empowerment" Vol.9!I/l-1986

18 SUMMER 1995 THE NATIONAL PRISON PROJECT JOURNAL Greenspan, Judy Keating Jr., J. Michael "NPP Gathers Statistics on AIDS in Prison" 16/5-1988 "How to Work With Special Masters" Vol. 5/4/1-1990 "Minnesota's Newest Prison Provides Keller, O.J. Humane Environment" 17116-1988 "Cuban Detainees Face Further Frustration, AIDS Update 19/13-1989,20114-1989,21114-1989,22118-1990, Unfair Treatment" 17/24-1988 Vols. 5/2117-1990, 5/3118-1990, 5/4/26-1990,6/1118-1991, 6/2/18-1991,6/3/18-1991,6/4/18-1991,711/21-1992 Kluger, Mark "AIDS Project Presses for Programs Behind Walls" "South Carolina Settlement Limits Population, (with Alexa Freeman) Vo1.611/3-1991 Enforces Standards" 5/1-1985 Haney, Craig Knowles, Ralph '''Infamous Punishment': The Psycholocigal "Strategies For Future Prison Litigation" 2/1-1984 Consequences of Isolation" VoI.8/2/3-1993 "Monitoring Committee on Prisons in Alabama Folds' Court Gives Up Jurisdiction" ' 20/1-1989 Harrell, William C. "ASCA Proposes Watering Down of Single­ Koren, Edward I. CeIling Standards" Vo1.6/3114-1991 "Dramatic Change in Oklahoma Juvenile Justice Svstem" 213-1984 "Status Report: State Prisons and the Courts- ' Harris, M. Kay January 1, 1992" Vo1.711113-1992 "Exploring the Connections Between Feminism "Status Report: State Prisons and the Courts­ and Justice" 13/33-1987 January 1, 1993" Vo1.811/3-1993 Hauhart, Robert "Status Report: State Prisons and the Courts­ "D.C. Public Defender Works to Defned January 1, 1994" Vo1.91113-1994 Prisoner Rights" Vo1.8/1119-1986 Lancaster, Jennie Immarigeon, Russ "Corrections Staff Are 'Silent Actors' in Executions" 17/6-1988 "Community Service Sentences Pose Problems, Lasker, Judge Morris E. Show Potential" 10/13-1986 "The Tombs, On Reflection: Prison Litigation: "Women in Prison: Is Locking Them Up the Many Years Toward Compliance" 1119-1987 Only Answer?" 1111-1987 "Few Diversion Programs Offered Female Offenders" 1219-1987 Levine, Jody "Victim and Offender Participation Important to "Private Prison Planned on Toxic Waste Site" 5/10-1985 Criminal Sentencing Process" 14/9-1987 Lindsay, Margot C. "Critics Urge Caution in Interpreting Justice "Citizen Involvement Can Play Key Role in Corrections" 20/12-1989 Department Study" 15/10-1988 Lopez, Mark J. "Despite New Laws, Juveniles Still Locked in "Decisions in Safley and O'Lone Undo Years of Progress" 15/8-1988 Adult Jails" 17/21-1988 "New Mexico Seeks to Elude Obligations of "Sentencing: Guidelines and Planning Services Consent Decree" 16/1-1988 Foster Wider Use of Alternatives" 18/1-1989 "Forced Drugging of Mentally III Prisoners" 1917-1989 "Four States Study Policies Affecting Women Offenders" 19/4-1989 "Court Fines Rhode Island Officials Over "Electronic Monitoring: Humane Alternative or Non-Compliance" 2111-1989 Just Another 'Gizmo'?" 2115-1989 "The Lost Meaning of Whitley v. Albers" Vo1.5/3/3-1990 "Instead of Death: Alternatives to Capital (with David Fathi) Punishment" Vol. 5/3/6-1990 "Reactivated New Orleans Jail Case Uncovers "Book Review: Last One Over the Wall: The Same Old Problems, Divisions" Vol.712/4-1992 Massachusetts Experiment in Closing "Crowded Prisons and Jails Unable to Meet Needs Reform School, by Jerome Miller" Vo1.71116-1992 of Mentally Ill" (with Catherine Cheney) VoI.7/3/15-1992 "The Marionization of American Prisons" VoI.7/4/1-1992 "Billing Prisoners for Medical Care Blocks Access" VoI.9/111-1994 "When Parents Are Sent to Prison" Vol. 9/415-1994 (with Kara Chayriques) Janger, Ted Macallair, Dan "Expert Negotiation Brings New Approach to Prison "ACLU's Demands Trigger Change in Hawaii's Litigation in Hawaii" 6/6-1985 Juvenile Svstem" Vol. 5/215-1990 Janusz,Luke Marnell, Gunnar "Odyssey: APrison Magazine's Difficult Journey" Vo1.8/111-1993 "Swedes See U.S. Death Penalty as Premeditated Killing" 4/9-1985 Jones, Mohamedu, F. Marsh, Nadine (with Judy Goldberg) "U.S. Fails to Conform to International Human "Ex-Offenders Find Doors Closed on Voting Rights" 3/3-1985 Rights Tenets" Vo1.8/4/5-1993 Martino, Maria Jurado, Rebecca "Georgia Study Reveals Racial Bias in Sentencing" 20/8-1989 "California Project Stands Up For Women in Prison" 7/10-1986 "Seven Alternatives Punishment Programs Khan, Ayesha That Work" VoI.6/3/2-1991 "Bill Seeks to Strip Courts of Power in McClymont, Mary E. Prison Cases" Vo1.1011l14-1995 "Prison Litigation: Making Reform a Reality, Part I" 1/8-1984 "Prison Litigation ... , Part II" 214-1984

THE NATIONAL PRISON PROJECT JOURNAL SUMMER 1995 19 "Hard-Fought Selliement Reached in Hawaii Case" 5/3-1985 Restrepo, L. Felipe "Execution for Juvenile Crime Raises Questions of "Weighing Privilege to Smoke Against Rights of International Law" 7/13-1986 Non-Smokers" 12/12-1987 'Jerry M.: Settlement Reached in Juvenile Case" 10/12-1986 Rosenthal, Liz McKinlay, Peter "Tax Reform Package Caught in Catch-22" 1/12-1984 "Good Staff-Prisoner Relations Key to Success Riveland, Chase (with Alvin J. Bronstein) of Scotland's Supermax" Vo1.7/4I22-1986 "Bill Seeks to Stop Courts From Protecting Miles, M.D., Steven H. Basic Rights" voI.10/2/4-1995 "Health Professionals and a Preventable Death at Butner" 16/9-1988 Schmidt, Esther and Franklin Millemann, Michael "Virginia Prisoners Take Steps to Shun Violence" VoI.8/4/14-1993 "VA Prisoners Find Advocates in Early Prison Reformers" 13/3-1987 Schwartz, Herman Monahan, Jennifer "Prisoners' Rights Lawyers in VA and NY Merge "Moscow Prison Conference Breaks New Ground" VoI.8/1/1-1993 to Form NPP" 13/5-1987 "PRI Members Confer on UN Prison Standards" Vol.1 0/1/4-1995 Smith, Jonathan M. Morris, Stephanie (with Nick Straley) "Spread of TB Poses Danger to Prisoners "New Legal Standard Set on Religious Rights and Staff" Vol.1 0/2/1-1995 of Prisoners" VoI.9/4/2-1994 Start, Armond, M.D. Morton, Chuck "Nor Will I Prescribe a Deadly Drug... " 17/3-1988 "Resolved: High Schoolers Should Debate Stone, Martha (with Shelley Geballe) Prison Overcrowding" VoI.5/2/15-1990 "The New Focus on Medical Care Issues in Women's Moyd, Olinda (with Robert L. Brantley) Prison Cases" 15/1-1988 "'Tomorrow's Neighbors' Celebrate NAACP Stevenson, Bryan Inmate Chapter" 18/13-1989 "ACLU Awards Medal of Liberty to Bryan Stevenson, Mushlin, Michael B. Stephen Bright" VoI.6/4/1-1991 "Rhodes v. Chapman Analyzed for Effect on Straley, Nick (with Stephanie Morris) Prison Overcrowding" 14/4-1987 "New Legal Standard Set on Religious Rights Myers, Matthew L. of Prisoners" Vol.914/2-1994 "The Alabama Case: 12 Years After james v. Wallace" 13/8-1987 Sturm, Susan Nagel, William G. "Special Masters Aid in Compliance Efforts" 6/9-1985 "Reflections of an Expert Witness" 13/13-1987 Taifa, Nkechi Nathan, Stephen "Muslims in Prison Seek Religious Recognition" 8/3-1986 "U.S. Companies Expand Corrections Market "Mandatory Minimum Sentences Open Up a to Overseas" VoI.10/3/4-1995 Pandora's Box" VoI.8/3/3-1993 Nathan, Vincent Thorburn, M.D., Kim Marie "Lawsuits Fundamental to Prison Reform" 13/16-1987 "Doctors' Involvement in Death Penalty Creates Ney, Steven Ethical Dilemma" 1712-1988 "Statewide Allack on Florida Jails Brings Improvement" 3/1-1985 Tracey, David E. (with Michael Courlander) "Judge Bans Further Intake of Prisoners at D.C. Jail" 5/6-1985 "Third Party Supervision Bolsters Probation "D.C. Pushes Panic Bullon in Jail Population Crisis" 8/8-1986 Programs" VoI.6/1/16-1991 Novick, Steven A. Tushnet, Mark "Bitter Legal Combat Leads Oklahoma Out of "Supreme Court Briefs" 817-1986 Dark Ages in Care of Juveniles" VoI.5/2/1-1985 Tushnet, Rebecca Ogletree, Charles J. "Resolved: High Schoolers Should Debate "Book Review: The Myth ofa Racist Criminal Prison Overcrowding" VoI.5/2/15-1990 justice System, by William Wilbanks" 11/10-1987 Vaid, Urvashi Ortega, Nancy "Depo-Provera: Blessing or Curse?" 411-1985 "AIDS Policy Tested in Alabama Prison Case" 17/8-1988 "NPP Gathers the Facts on AIDS in Prison" 6/1-1985 Pettine, Hon. RaymondJ. "Balanced Response Needed to AIDS in Prison" 7/1-1986 "Rhode Island Judge Reflects on Palmigiano" VoI.6/215-1991 Verstraete, Greye Presser, Stefan "Jail Inspections Trigger Improvements" 10/9-1986 "In Pennsylvania, 200 Years of Practice Doesn't Walker, Jackie Make Perfect" Vol. 5/3/1-1990 AIDS Update Vols. 7/2/18-1992, 7/3/18-1992, Resnik, Judith 7/4/26-1992,8/1/22-1993,8/2/22-1993,8/3/18-1993, "The Limits of Parity in Prison" 13/26-1987 8/4118-1993,9/1/22-1994,9/2/18-1994,9/3118-1994, 9/4118-1994,10/1/18-1995,10/2/18-1995,10/3/30-1995

20 SUMMER 1995 THE NATIONAL PRISON PROJEG JOURNAL Walker, Sam Cubans detained in Atlanta Penitentiary 911-1986 "The Beginning: Sixties Civil Rights Gave Momentum Court denounces Lexington Control Unit 17/19-1988 to Prisoners' Rights" 1312-1987 Cuban detainees suffering unfair treatment 17124-1988 Westcott, Kathi S. (with J.D. Dolby) Political prisoners do exist in U.S. Vol.5/4I6-1990 "An Anlysis of Drug Testing in Prison" VoU012/6-1995 Citizens protest proposed prison Vol.7/3/3-1992 Whitley, John BUSH V. VITERNA "Crime Bill Guts Educational Programs" Vo1.9I4I1-1994 Unusual practices found in Texas jails 1/8-1984 Wood, Frank "Oak Park Heights Sets High Super-Max Standards" 413-1985 -c- Wright, Claudia CALIFORNIA "Parties Move Toward Settlement in Arizona" 1/3-1984 ACLU starts Women Prisoners' Rights Project 7110-1986 "Revived Settlement Halts Trial In Black" 5/4-1985 Case against Pelican Bay supermax alleges "Expert Witnesses: Expa~ding Their Role in excessive force Vol.7/4I5-1992 Prison Cases" 13112-1987 Pyschological consequences of isolation at "Maryland: Litigation Can Stop Unnecessary Pelican Bay Vol.812/3-19 jail Building" (with Susan Goering) 18/11-1989 Decision in Pelican Bay case (Madrid v. Gomez) VoU 011/13-1995 CALIFORNIA INSTITUTION FOR WOMEN -B- Conditions challenged by ACLU 7110-1986 Imprisoned mothers face extra hardships 1411-1987 BARAWINI V. MEESE Litigation targets medical care in women's prisons 15/1-1988 Court denounces Lexington Control Unit 17/19-1988 Political prisoners do exist in U.S. Vol. 5/4/6-1990 CAPITAL COLLATERAL REPRESENTATIVE (CCR) Florida opens capital appeals office 711-1986 BATES V. LYNN CCR handles death penalty appeals 12/6-1987 Case increases legal access on LA death row Vol.612/15-1991 CASE LAW REPORT BA1TLE V. ANDERSON Areview of recent federal court decisions affecting corrections and Looking back at Battle v. Anderson 1011-1986 prisoners' rights 21/9-1989, 22/9-1990, Vol. 5/2/9-1990, 5/3/10­ BEHAVIOR MODIFICATION PROGRAMS 1990,5/4/9-1990,611/6-1991,6/2/6-1991,6/3/6-1991,6/416­ Program challenged in Arizona prison 1/3-1984 1991,711/6-1992,712/6-1992,7/3/6-1992,7/4/6-1992,811/12­ AZ settlement addresses behavior modification 5/4-1985 1993,812/8-1993,8/317-1993,8/417-1993,911/13-1994,91217­ BEU V. WOLFISH 1994, 9/3/6-1994, 91416-1994, 10/1/6-1995, 101217-19-1995, Prisoners' lawyers face critical issues 13122-1987 10/3/ -1995 BLACK PRISONERS CELL SEARCHES Organizing for self-empowerment Vol.91111-1994 Searches issue in Block v. Rutherford 1/9-1984 BlACK V. RICKETrS CLASSIFICATION Ad. seg. conditions challenged in AZ lawsuit 1/3-1984 Assessing offender needs 18/1-1989 Revived settlement halts Arizona trial 5/4-1985 COMMUNIlY ACTIVISM Alighter look at Arizona case 5/5-1985 Citizen participation in corrections 20112-1989 BLOCK V. RUTHERFORD Coalition boosts Pennsylvania litigation Vol.7/2/12-1992 Supreme Court case re: search, visitation rights Citizens protest proposed prison Vol.7/3/3-1992 of detainees 1/9-1984 COMPLIANCE BODY CAVIlY SEARCHES Making prison reform a reality (2 parts) 1/8-1984,2/1-1984 Searches challenged at AZ State Prison 1/3-1984 Special masters aid in compliance 6/9-1985 AZ settlement limits body cavity searches 5/4-1985 judge discusses "Tombs" case 1119-1987 Debating the role of special masters 13115-1987 BRONSTEIN, ALVINJ. New Mexico falls short on compliance 16/1-1988 Interview with NPP's Executive Director Vol.6/211-1991 Alabama prison-monitoring committee folds 2011-1989 Bronstein to leave NPP VoU 0/3/1-1995 Court fines Rhode Island on noncompliance 21/1-1989 BROWN V. MURRAY Compliance a struggle in OK juvenile case Vol. 51211-1990 Lawyer access problems at Mecklenburg 312-1985 CONGDON V. MURRAY Inmate's view of prison reform, litigation 13118-1987 judge orders changes at VA penitentiary Vol.6/1/14-1991 BRUTALIlY CONSENT DECREES Circuit courts decide Huguet, Miller Vol.5/4II0CL-1990 NPP challenges decree in U.S. v. Michigan 1/1-1984 Supreme Court to hear Hudson Vol.6/311-1991 NPP's Status Report on the courts and the prisons NPP denounces ACA stance on brutality question Vol.7/1/5-1992 3110-1985,13124-1987,1817-1989,2217-1990, Vols.7/1/13-1992, Supreme Court decides Hudson in prisoner's favor Vol. 7/2/1-1992 811/3-1993,9/1/3-1994,101115-1995 (summary only) Impact of Hudson in use of force cases Vol.8/1/12-1993 SC decree limits population, enforces standards 511-1985 Decision in Pelican Bay case (Madrid v. Gomez) VoUO/1/13-1995 Consent decree entered in Hawaii 5/3-1985 BUREAU OF PRISONS Court orders SC to comply with decree 914-1986 Totalitarian conditions at Marion 5/8-1985 Appeals court upholds pop. cap in South Carolina 11/13-1987

THE NATIONAL PRISON PROJECT JOURNAL SUMMER 1995 21 New Mexico fails to comply with decree 16/1-1988 DELIBERATE INDIFFERENCE Supreme Court to review modification of An analysis of Wilson v. Seiter Vol.6/3/6CL-1991 consent decrees Vol.6/3/17-1991 Proving deliberate indifference after Wilson Vol.6/4I3-1991 CONTACT VISITS Alook at post-Wilson decisions VoI.6/4I6CL-1991 Visits for detainees issue in Block v. Rutherford 1/9-1984 An analysis of Helling v. McKinney decision Vol.8/4I7CL-1993 An analysis of Farmer v. Brennan decision Vol. 9!4I6CL-1994 CONTEMPT Making prison reform a reality 214-1984 DENMARK Danish super-max far cry from U.S. counterparts 6/8-1985 CONRAD, JOHN P. In memory 8/1/93-1986 DEPO-PROVERA Depo-provera treatment raises questions 411-1985 CORRECTIONS INDUSTRY Expansion of corrections-industrial DIET complex in US VoI.10/1/1-I995 Muslim prisoners seek right to religious diet 8/3-1986 U.S. companies extend corrections DIET LOAF market overseas VoI.10/3/ -1995 "Diet loaf' challenged in Arizona case 1/3-1984 CRIMINAL JUSTICE Arizona settlement outlaws "diet loaf" 5/4-1985 Making sense of crime statistics 9/6"1986 Alighter look at the diet loaf 8/10-1986 Media promotes vicious criminal justice cycle 13/31-1987 DISTRICT OF COLUMBIA Interpreting BJS public opinion study 15/10-1988 Judge sets population cap at D.C. Jail 5/6-1985 Legal punishment and justice Vol.8/2/17-1993 D.C. panics over jail population crisis 8/8-1986 Reducing crime - NCCD plan Vol.8/4I17-1993 Settlement reached in D.C. juvenile case 10/12-1986 Responses to Berzins' argument against legal Alternatives only option for D.C. 11/13-1987 punishment Vol. 9/2/3-1994 D.C. Public Defender's Prisoners' Rights Program Vol.8/1/19-1993 Inequalities in justice systems worldwide Vo1.9/3/1-1994 DOUBLE-CELLING Misguided 'Three Strikes' laws Vol. 10/215-1995 ACA asked to ease housing standards Vol.6/3/14-1991 CUBAN DETAINEES Supreme Court to review modification of Cubans detained in Atlanta penitentiary 9/1-1986 consent decrees Vol.6/3/17-1991 Cuban detainees suffering unfair treatment 17/24-1988 Is double-celling unconstitutional? Vol.7/3/13-1992 DUE PROCESS -D- Supreme Court ruling in Sandin v. Conner VoI.10/3/ -1995 DANIELS V. WILLIAMS DRUGS Depo-provera treatment raises questions 411-1985 Supreme Court deCides negligence case 817-1986 Forcing psychotropic drugs on mentally ill DEATH PENALTY prisoners 1917-1989 Death penalty information packet 3/6-1985 Drug testing in prison VoI.10/2I6-1995 Death penalty: a personal view 3/8-1985 DURAN V. KING Swedes confused by U.S. death penalty 419-1985 Budget cuts don't excuse violations, says court 11/14-1987 Courts inconsistent in issuing death penalty 6/12-1985 New Mexico falls short on compliance 16/1-1988 Florida opens capital appeals office 7/1-1986 Model offices for centralized capital appeals 7/6-1986 ACLU opens death penalty centers in South 717-1986 -E- Jury override can backfire into death sentence 7/8-1986 Execution for juvenile crime challenged 7113-1986 EIGHTH AMENDMENT (also see "Litigation," Serious shortage of death penalty lawyers 12/1-1987 "Overcrowding," and "Brutality") Trial-level errors in capital cases 1214-1987 Courts stretch meaning of Whitley v. Albers Vol. 5/3/3-1990 Florida's CCR handles capital appeals 1216-1987 An analysis of Wilson decision Vol.6/3/6CL-1991 ABA funds death penalty project 1218-1987 Proving deliberate indifference after Wilson Vol.6/4I3-l991 Death penalty law tolerates inequities 1418-1987 An analysis of Helling v. McKinney decision Vol.8/4I7CL-1993 Executions pose ethical dilemma for doctors 1712-1988 An analysis of Farmer v. Brennan decision Vol. 9/3/6CL-1994 Doctors' role in executions 17/3-1988 ELDERLY PRISONERS New machine administers lethal injection 17/4-1988 More elderly prisoners raises problems 20/9-1989 Corrections staff "silent actors" in execution 17/6-1988 ELECTRONIC MONITORING Is Virginia's Joe Giarratano innocent? 2211-1990 Electronic monitoring in use and history 21/5-1989 Alternatives to the death penalty Vol. 5/3/6-1990 Richard Burr reviews Robert Johnson's ELISA TEST Death Work Vol.5/3/16-1990 Use of ELISA test in prisons 6/1-1985 Joseph Giarratano reviews Ingle's Last Rights Vol.5/4/25-1990 Medical expert on problems in AIDS screening 6/5-1985 Lawsuit increases legal access on LA death row Vol.6/2I15-1991 AIDS screening policies and ELISA test 7/1-1986 Death penalty lawyers accept ACLU award Vol.6/4I1-1991 ENVIRONMENT DELAWARE Environmental hazards threaten prisoners Vol.6/4I12-1991 Delaware studying women offender policies 1914 -1989

22 SUMMER 1995 THE NATIONAL PRISON PROJEG JOURNAL EXPERTS Supreme Court ruling in Sandin v. Conner Vol.l0/3/ -1995 Expert panel negotiates settlement in Hawaii 6/6-1985 HEllING V. MCKINNEY An expert's view of the Alabama case 8/l2-1986 Analysis of Helling v. McKinney decision VoI.8/4I7CL-1993 The expanding role of experts in prison cases 13/l2-1987 Nagel: reflections of an expert witness 13/l3-1987 HENDRICKSON V. WELCH Agreement reached in Maryland jail case 15/l3-1988 -F- HIV VIRUS (See AIDS AND HIV VIRUS) FAMILIES HUDSON v. MCMILLIAN New York programs for incarcerated parents VoI.9/4/5-1994 Supreme Court to hear brutality case VoI.6/3/1-1991 FARMER V. BRENNAN NPP denounces ACA's stance on brutality question VoI.7/l15-1992 Supreme Court decides Hudson in prisoner's favor Vol. 7/2/1-1992 An analysis of Supreme Court's decision VoI.9/4/6CL-1994 An analysis of Hudson decision VoI.7/2/6CL-1992 FEDERAL BUREAU OF PRISONS See BUREAU OF PRISONS FEMINISM -I- The connections between feminism and justice 13/33-1987 ILLINOIS Lockdown at Marion investigated 5/8-1985 FIRST AMENDMENT Illinois studying women offender policies 19/4-1989 Prisoners' lawyers face critical issues 13122-1987 Supreme Court decisions affect First Amendment rights 14/6-1987 INCARCERATION RATES Supreme Court decisions in O'Lone and Safley 15/8-1988 l.S. has world's highest incarceration rate VoI.6/1/l-1991 FL/lTIE V. HILlARD INTERNATIONAL HUMAN AND CIVIL RIGHTS NPP lawsuit filed in South Dakota 4/6-1985 Moscow Prison Conference, November 1992 VoI.8/2/1-1993 Inmate's experience as a class representative 13/19-1987 [S Legal Standard Conflicts with International Covenants VoI.8/4/5-1993 FLORIDA Inequalities in justice systems worldwide VoI.9/3/1-1994 NPP files suit against Florida jails 3/1-1985 Penal Reform International conference on UN Florida opens capital appeals office 7/1-1986 prison standards Vol.l 0/l/4-1995 Florida's CCR handles capital appeals 1216-1987 Florida AIDS Care Unit Vol.l0/2/18-1995 FURLOUGHS -J- Presidential campaign impacts furloughs 19/10-1989 JAILS National jail Project of ACLU underway 1/1-1984 Unusual practices in Texas jails 1/8-1984 -G- Detainee rights at issue in Block v. Rutherford 1/9-1984 GEORGIA Women in jails have special problems 2/9-1984 Study shows racial bias in sentencing 20/8-1989 Arias v. Wainwright challenges Florida jails 3/l-1985 GREAT BRITAIN jail Coalition information packets 3/9-1985,412-1985 Success of Barlinne Special Unit, Scotland's jail Coalition reorganizes 412-1985 supermax Vol. 7/4/22-1986 judge sets population cap at D.C. jail 5/6-1985 .'iational jail Project releases jail Status Report 5/12-1985 GRUBBS V. BRADLEY D.C. panics over jail population crisis 8/8-1986 Court orders spur reforms in Tennessee 8/1-1986 ACLU inspects Montana jails 10/9-1986 Special Master's role in Tennessee case 8/2-1986 NIC studies jail suicides 11/12-1987 End of Tennessee prison case VoI.8/4I1-1993 Agreement reached in Maryland jail case 15/13-1988 Removing juveniles from adult jails 17121-1988 MD jail litigation encourages alternatives 18/11-1989 -H- jail suicide study released 18/l4-1989 HAMILTON V. MORIAL Many juveniles still detained in adult jails Vol. 5/2/6-1990 New Orleans jail case plagued by old problems Vol. 7/2/4-1992 New Orleans jail case plagued by old problems Vol. 7/2/4-1992 HAMMETT, THEODORE jails failing mentally ill VoI.7/3/l5-1992 Interview with author of annual Update to HIVIAIDS ill JERRY M. V. DISTRICT OF COLUMBIA Correctional Facilities VoI.9/3I18-1994 Settlement reached in D.C. juvenile case 1O/l2-1986 HANDGUNS JONES, MOHAMEDU F. Canadian gun control legislation studied 19/14-1989 Interview with NPP lawyer VoI.8/3/l-1993 HARRIS V. THIGPEN JUSTICE, U.S. DEPARTMENT OF Alabama case challenges AIDS policies 17/8-1988 NPP challenges consent decree in Michigan 1/1-1984 HAWAII An update on the Michigan case 12/8-1987 Settlement reached in Spear v. Ariyoshi 5/3-1985 Attorney General Barr holds "Corrections Summit" Vol. 7/2/3-1992 Expert panel negotiates settlement in Hawaii 6/6-1985 JUVENILES ACLU demands bring change in Hawaii Terry'D. v. Rader challenges OK juvenile system 2/3-1984 juvenile system VoI.5/2/5-1985 Execution for juvenile crime challenged 7/12-1986

THE NATIONAL PRISON PROJECT JOURNAL SUMMER 1995 23 T

Settlement reached in D.C. juvenile case 10/12-1986 Litigation increasingly costly, complex 13/22-1987 Removing juveniles from adult jails 17121-1989 15 years of prison litigation: a timeline 13/26-1987 Case brings reforms to OK juvenile system Vol. 5/2/1-1990 Alabama prison-monitoring committee folds 20/1-1989 ACLU demands change Hawaii juvenile system Vol.5/2/5-1990 Courts stretch meaning of Whitley v. Albers Vol. 5/3/3-1990 Many juveniles still detained in adult jails Vol. 5/2/6-1990 Judge orders changes at VA penitentiary Vol.6/1/14-1991 Juvenile rights: significant cases Vol.5/217-1990 An analysis of Wilson decision VoI.6/3/6CL-1991 Forum held on minority youth incarceration rates Vol.5/2/17-1990 Proving deliberate indifference after Wilson Vol. 6/4/3-1991 High number of girls held as status offenders Vol. 5/2/18-1990 Alook at post-Wilson decisions Vol.6/4/6CL-1991 NCCD reports on community sanctions for New Orleans jail case plagued by old problems Vol. 7/2/4-1992 juveniles Vol.5/2/18-1990 Can a prisoner file a class action? Vol. 7/4/25-1992 Book review: Jerome Miller's Last One Over Due process theory of "liberty interests" Vol.8/2/8CL-1993 the Wall VoI.7/2/16-1992 Resjudicata or collateral estoppel? VoI.8/2/16-1993 Film review: "Cancelled Lives" Vol. 7/3/17-1992 How do I serve a pro se complaint? Vol.8/3/17-1993 An analysis of Helling v. McKinney decision Vol.8/4I7CL-1993 ·K· What is a motion for summary judgment? VoI.8/4I13-1993 What is discovery? Vol.9/1/21-1994 KOREN, EDWARD I. An analysis of Farmer v. Brennan decision VoI.9/3/6CL-1994 NPP lawyer discusses 18 years in prisoners' rights 16/12-1988 Can women prisoners sue over sex discrimination? Vol.9/3/13-1994 Litigation under RFRA Vol.9/4/2-1994 ·L· Criminal contempt - Supreme Court decision in Bagwell Vol. 9/4I6CL-1994 LEGAL ACCESS (See ACCESS TO THE COURTS) Analysis of Pelican Bay decision (Madrid v. Gomez) 10/2I7CL-1995 LEGISLATION LOUISIANA Texas legislature writes prison reform package 1/12-1984 Lawsuit increases legal access on death row Vol.6/2/15-1991 The Religious Freedom Restoration Act VoI.9/1/13CL-1994 Supreme Court to hear brutality case (Hudson) Vol.6/3/1-1991 Crime Bill ends Pell grants for prisoners Vol.9/4I1-1994 Supreme Court decides brutality case in STOP legislation in Congress Vo1.10/1/14-1995 prisoner's favor VoI.7I2/1-1992 Impact of STOP legislation Vo1.10/2/4-1995 New Orleans jail case plagued by old problems Vol. 7/2/4-1992 Misguided 'Three Strikes' laws Vo1.10/2/5-1995 LETHAL INJECTION Executions pose ethical dilemma for doctors 17/2-1988 ·M· Doctors' role in executions 17/3-1988 MADRID V. GOMEZ New machine can administer lethal injection 17/4-1988 Case against Pelican Bay supermax alleges LEWISBURG PRISON PROJECT excessive force Vol. 7/4/5-1986 LPP distributes booklets 12/15-1987 Decision in Pelican Bay case Vo1.10/1/13-1995 Analysis of Pelican Bay decision Vol. I0I2I7CL-1995 LEXINGTON (KY) FEDERAL CORRECTIONAL INSTITUTION Court denounces Lexington Control Unit 17/19-1988 MAGNER,jIM Political prisoners do exist in U.S. Vol. 5/4/6-1990 In memory VoI.9/4/18-1995 LITIGATION MAGID, JUDITH Highlights of NPP's litigation2/9-1984, 3/12-1985, 4/12-1985,5/12­ In memory 5/2-1985 1985,6/16-1985,7/16-1986,8/14-1986,9/16-1986,10/16-1986, MANDATORY MINIMUM SENTENCES ll/16-1987, 12/16-1987, 14/16-1987, 15/16-1988, 16/16-1988, Harm done by mandatory minimums VoI.8/3/3-1993 17/28-1988,18/16-1989,19/16-1989,20/16-1989,21/16-1989, 22/20-1990, Vols. 5/2/20-1990, 5/3/20-1990, 5/4/28-1990, MARION, ILLINOIS, U.S. PENITENTIARY 6/1/20-1991,6/2/20-1991,6/3/20-1991,6/4/20-1991,7/1/24­ Lockdown at Marion investigated 5/8-1985 1992,712/20-1992,7/3/20-1992,7/4/28-1992,8/1/24-1993, Examining supermax prisons 411-1985 8/2/24-1993,8/3/20-1993,8/4120-1993,9/1/24-1994,9/2/20­ MARRIAGE 1994,9/3/20-1994,9/4/20-1994, 10/1/20-1995, 10/2/20-1995, Supreme Court strikes down maFfiage restrictions 14/6-1987 10/3/32-1995 MARYLAND NPP's Status Report on the courts and the prisons Agreement reached in Maryland jail case 15/13-1988 3/10-1985,13/24-1987,1817-1989,2217-1990, Vols.7/1/13-1992, Jail litigation encourages alternatives 18/11-1989 8/1/3-1993, 9/1/3-1994, 10/1/5-1995 (summary only) NAACP established at Maryland Penitentiary 18/13-1989 Strategies for future prison litigation (2 parts) 1/8-1984,2/1-1984 Maryland studying women offender policies 19/4 -1989 Expert reflects on prison litigation 8/12-1986 Evaluating 15 years of prison litigation 11/6-1987 MASSACHUSETTS Judge discusses "Tombs" litigation 11/9-1987 Massachusetts studying women offender policies 19/4-1989 Judicial commentary on prison cases 13/2-1987 Book review: Jerome Miller's Last One Over Civil rights movement a catalyst for prisoners' rights 13/2-1987 the Wall Vol.7/2/16-1992 The expanding role of experts in prison cases 13/12-1987 MCI-Framingham's infectious disease clinic Vo1.10/3/ -1995 Lawsuits fundamental to prison reform 13/16-1987 MAXIMUM SECURIlY PRISONS An inmate's view of prison litigation 13/18-1987 Examining supermax prisons 411-1985 Inmate's experience as class representative 13/19-1987 Minnesota facility sets high supermax standards 4/3-1985

") A ('111H.4[:0 100.'; THE NATIONAL PRISON PROJECT JOURNA Lockdown investigated at Marion 5/8-1985 1990 Jail Suicide Update available VoI.6/1/5-1991 Danish supermax differs from U.S. counterparts 6/8-1985 Supreme Court to review modification of consent Court denounces FCI-Lexington Control Unit 17/19-1988 decrees (Ru/o) VoI.6/3/17-1991 U.S. prisons violate human rights Vo1.6/3/4-1991 NATIONAL COUNCIL ON CRIME The spread of supermax control units modeled AND DELINQUENCY on Marion VoI.7/4I1-1992 NCCD plan to reduce crime VoI.8/4/17-1993 Conditions at Pelican Bay supermax challenged VoI.7/4I5-1992 Success of Barlinnie Special Unit, Scotland's NATIONAL INSTITUTE OF CORRECTIONS supermax Vo1.7/4I22-1992 NIC to study jail suicides 11/12-1987 NIC publishes "Research in Corrections" series 16/14-1988 MEDIA Media promotes vicious criminal justice cycle 13/31-1987 NATIONAL JAIL PROJECT OF THE ACLU National Jail Project of the ACLU underway 1/1-1984 MEDICAL CARE Jail Project releases Jail Status Report 5/12-1985 See also: AIDS and TUBERCULOSIS NCCHC publishes healt~ care standards 11112-1987 NATIONAL PRISON PROJECT OF THE ACLU Correctional health care: past and future 13129-1987 NPP's Status Report on the courts and the prisons Imprisoned mothers face extra hardships 1411-1987 3/10-1985,13124-1987,1817-1989,2217-1990, Litigation targets medical care in women's prisons 15/1-1988 Vols. 7/1/13-1992, 8/1/3-1993, 911/3-1994, Health professionals and the mistreatment of prisoners 16/9-1988 10/1/5-1995 (summary only) Executions pose ethical dilemma for doctors 1712-1988 New brochure on NPP available 10/16-1986 Doctors' role in executions 17/3-1988 NPP staff changes 11112-1987,12113-1987,14114-1987,16/14-1988 Machine can administer lethal injection 17/4-1988 NPP establishes AIDS Project 11/16-1987 Contract medical care generates concerns 22/5-1990 NPP releases AIDS Bibliography 12/13-1987 Courts differ on medical care standard VoI.5/4II0CL-1990 Civil rights movement a catalyst for prisoners' rights 13/2-1987 TB poses threat to prisoners VoI.7/1/1-1992 The founding of the NPP 13/5-1987 Prison health care in crisis Vol. 7/3/14-1992 Who are the NPP staff lawyers? 13/12-1987 Billing prisoners for medical care VoI.912/1-1994 NPP law interns recall favorite moments 13/14-1987 Dangers posed by spread of TB VoI.1012/1-1995 Catching up with former interns 13/30-1987 PA agreement to improve medical care Vo1.9I4I17-1994 NPP staff, past and present 13/34-1987 Inside look at the Prison Project 13/35-1987 MENTAL HEALTH CARE NPP marks 15 years with conference, celebration 14111-1987 Forcing psychotropic drugs on mentally Interview with NPP's Edward Koren 16/12-1988 ill prisoners 1917-1989 ACLU's The Rights of Prisoners revised 15/14-1988 Prisons, jails failing mentally ill Vol. 7/3/15-1992 Bronstein wins MacArthur Award 21/14-1989 Psychological consequences of isolation VoI.8/2/3-1993 Profile of NPP's Adjoa Aiyetoro Vol. 5/4/3-1990 MICHIGAN Interview with NPP's Alvin Bronstein VoI.612/1-1991 NPP challenges consent decree in Michigan 1/1-1984 Interview with NPP's Elizabeth Alexander VoI.6/4I14-1991 An update on the Michigan case 12/8-1987 Results of NPP Journal readers' survey Vol. 7/1/12-1992 MINNESOTA NPP releases TB booklet VoI.8/1/17-1993 Oak Park Heights sets high supermax standard 4/3-1985 Interview with NPP's Mohamedu Jones VoI.8/3/1-1993 Minnesota women's prison is humane 17/16-1988 NPP litigation conference VoI.9/3/5-1994 MONTANA NATIVE AMERICANS ACLU inspects Montana jails 10/9-1986 Post-Shabazz decisions on religious rights Vol. 5/419-1990 MOUNDSVILLE, WEST VIRGINIA PENITENTIARY NEGLIGENCE Conditions spark disturbance 7/13-1986 Supreme Court decides Daniels and Davidson 817-1986 MUSLIMS NELSON V. LEEKE Muslims prisoners seek religious recognition 8/3-1986 See: PLYLER V. LEEKE Supreme Court decides O'Lone v. Estate a/Shabazz 1416-1987 NEW MEXICO Effects of Supreme Court decision in O'Lone 15/8-1988 Attorney general comments on prison riot 7/13-1986 Post-Shabazz decisions on religious rights VoI.5/4I9-1990 Budget cuts don't excuse violations, says court 11/14-1987 New Mexico falls short on compliance 16/1-1988 .N· NEW YORK NATION OF ISLAM Examining community alternatives 10/13-1986 See: MUSLIMS Judge discusses "Tombs" litigation 1119-1987 Remembering the Attica uprising NATIONAL ASSOCIATION FOR THE AD 13/5-1987 VANCEMENT OF COLORED PEOPLE (NAACP) Astudy of NY inmates with AIDS 1517-1988 NPP lawyer's work rooted in New York, Attica 16/12-1988 Branch established at Maryland Penitentiary 18/13-1989 Twenty years after Attica VoI.6/4I17-1991 NATIONAL COALITION FOR JAIL REFORM TB poses threat to prisons, jails VoI.7/1/1-1992 Information packets available 3/9-1985 NY alliance advocates for inmates with AIDS Vol. 7/2/18-1992 'lion reorganizes 412-1985 Progress slow on medical parole Vol. 7/3/18-1992 . g juveniles from adult jails 17121-1988 Agreement reached in statewide PA case VoI.9I4/17-1994

SUMMER 1995 25 NORTH CAROLINA PAT SEARCHES Examining community service alternatives 10113-1986 Muslims contest searches by female guards 8/3-1986 Apreventable death at Butner 16/9-1988 PAROLE BOP response to death of Vinson Harris 16/11-1988 Reforming federal parole laws 13121-1987 Corrections staff involvement in execution 17/6-1988 Supreme Court decides Board ofPardons v. Allen 1416-1987 Any protection against revocation of parole? VoI.I0/1I8-1995 -0- PELICAN BAY OAK PARK HEIGHTS Conditions at Pelican Bay supermax challenged VoI.7/4I5-1992 Supermax facility sets high standards 4/3-1985 Pyschological consequences of isolation VoI.812/3-1993 OHIO Decision in Pelican Bay case (Madrid v. Gomez) VoI.I0/1113-1995 An analysis of Wilson v. Seiter decision VoI.6/3/6CL-1991 Analysis of Pelican Bay decision IOI2I7CL-1995 Proving deliberate indifference after Wilson VoI.6/4I3-1991 PELTIER, LEONARD Citizens protest proposed prison Vol. 7/3/3-1991 Political prisoners do exist in U.S. VoI.5/4I6-1990 Reflections on the Lucasville riot VoI.8/3114-1991 PENITENTIARY OKLAHOMA 200th anniversary of penitentiary spurs debate Vol. 5/3/5-1990 Juvenile system challenged in Terr)1 D. v. Rader 213-1984 Today's penitentiary differs from original Vol. 5/3116-1990 Looking back at Battle v. Anderson 10/1-1986 Case brings reforms to Oklahoma juvenile system VoI.512/1-1990 PENNSYLVANIA Private prison planned on toxic waste site 5/10-1985 O'LONE V. ESTATE OF SHABAZZ Plans dropped for prison on toxic waste site 6/11-1985 Effect of Supreme Court decisions in O'Lone After 200 years, PA prisons still have problems Vo1.5/311 -1990 and Safley 15/8-1988 Today's penitentiary differs from original Vol. 5/3116-1990 Religious rights, post-Shabazz Vol. 5/4/9CL-1990 Community coalition boosts PA litigation Vol.712/12-1992 OVERCROWDING Agreement reached in Austin v. Lehman VoI.9/4I17-1994 NPP's Status Report on the courts and the prisons PLYLER V. LEEKE 3/10-19,13124-1987,1817-1989,2217-1990, Vols.7/1I13-1992, SC settlement limits population 511-1985 811/3-1993,9/113-1994,10/115-1995 (summary only) Court orders SC to comply with decree 9/4-1986 S.C. settlement limits population 511-1985 Appeals court upholds pop. cap in SC case 11113-1987 Hawaii settlement sets populations caps 5/3-1985 Judge sets population cap at D.C. Jail 5/6-1985 POLITICAL PRISONERS Population reduction program in Tennessee 811-1986 Court denounces PCI-Lexington Control Unit 17/19-1988 Court imposes population caps in Rl 8/5-1986 Political prisoners do exist in U.S. VoI.5/4I6-1990 D.C. panics over jail population 8/8-1986 PRATT, GERONIMO Court orders SC to comply with population limits 9/4-1986 Political prisoners do exist in U.S. Vol. 5/416-1990 The effects of 15 years of prison litigation 1116-1987 PRETRIAL DETAINEES Judge discusses "Tombs" case 1119-1987 Searches, visits argued in Block 119-1984 Appeals court upholds pop. cap in SC 11113-1987 Judge urges use of alternatives for detainees VoI.6/2I5-1991 Lawsuits fundamental to prison reform 13116-1987 Prisoners' lawyers face critical issues 13122-1987 PRISON JOURNALISM The effect of Rhodes v. Chapman on overcrowding 14/4-1987 Odyssey: Norfolk (Mass.) State Prison's magazine VoI.8/1I1-1993 Overcrowding addressed in MD jail case agreement 15113-1988 PRISON POPULATION New books on prison overcrowding 18/14-1989 US has world's highest incarceration rate Vo1.61111-1991 High school students debate prison overcrowding Vo1.512115-1990 High school debater discusses overcrowding debate Vo1.512115-1990 PRISONER CORRESPONDENCE After 200 years, PA prisons still have problems Vol. 5/311-1990 Supreme Court decides Turner v. Safley 1416-1987 Appeals courts differ on overcrowding decisions VoI.5/4/9CL-1990 Effect of Safle)1 on inmate correspondence 15/8-1988 Judge orders changes at VA penitentiary Vo1.611114-1991 PRISONER EDUCATION US prisons violate human rights VoI.6/3/4-1991 Class in Alternatives to Violence VoI.8/4I14-1993 ACA asked to ease housing standards VoI.6/3114-1994 Crime Bill ends Pell grants for prisoners VoI.9/4I1-1994 ACA votes to ease housing standards Vol. 7/115-1992 PRISONER VISITATION AND SUPPORT ABA report urges sentencing, corrections reform VoI.7/3/1-1992 PVS provides prisoners link to outside 512-1985 Is double-ceiling unconstitutional? Vol.7/3113-1992 RI agreement provides permanent population control VoI.9/3/3-1994 PRIVACY Court says "hands off" in Block decision 119-1984 -p- PRIVATIZATION PALM/GIANO V. SUNDLUN Private firms venture into prison business 116-1984 Improvements evident in RI prisons 3/1-1985 Legal implications of privatization 211-1984 Court order promises further relief 8/5-1986 Private prison planned on toxic waste site 5110-1985 Court fines RI officials for noncompliance 2111-1989 Prison plans dropped at toxic waste site 6/11-1985 Palmigiano judge urges use of alternatives VoI.612/5-1991 Correctional health care: past and future 13129-1987 Agreement reached in RI case VoI.9/3/3-1994 Contract medical care generates concerns 2215-1990

26 SUMMER 1995 THE NATIONAL PRISON PROJEG JOURNAL Expansion of corrections-industrial -5- complex in US Vo1.I0/1/1-1995 U.S. companies extend corrections SANDIN V. CONNER Supreme Court ruling in prisoner due process case Vo1.I0/3/ -1995 market overseas Vo1.I0/3/ -1995 PROBATION SENTENCING Racism in sentencing extensive problem Third party supervision aids probation VoI.6/1/16-1991 2112-1984 Sentencing Project publishes sentencing directory 12113-1987 PROCUNIER V. MARTINEZ Reforming federal sentencing and parole laws 13/21-1987 Supreme Court rejects Martinez standards in Turner 1416-1987 Involving victims and offenders in sentencing 1419-1987 Martinez and the Turner decision 15/8-1988 Interpreting BJS public opinion study 15/10-1988 PUBLIC DEFENDER SERVICE Sentencing planning services, guidelines DC Public Defender's Prisoners' Rights Program Vol. 8/1/19-1993 encourage alternatives 18/1-1989 Sentencing bibliography published 18/15-1989 PUGH V. LOCKE Washington's sentencing guidelines effective 19/1-1989 Expert reflects on Alabama case 8/13-1986 Study reveals racial bias in sentencing 20/8-1989 Former NPP lawyer remembers Alabama case 13/8-1987 Alternatives to the death penalty Vol. 5/3/6-1990 Nagel: an expert witness reflects 13/13-1987 Judge resigns over sentencing guidelines Vol. 5/418-1990 Alabama prison-monitoring committee folds 20/1-1989 ABA report urges sentencing, corrections reform VoI.7/3/1-1992 SENTENCING PROJECT, THE -R- Project publishes sentencing directory 12/13-1987 RACE AND CRIMINAL JUSTICE SYSTEM Project publishes analysis of NI] study 15/14-1988 Racism in sentencing extensive problem 2112-1984 Project publishes sentencing bibliography 18/15-1989 Battle revealed racial discrimination in Oklahoma 10/1-1986 Incarceration rate highest in U.S., says report VoI.6/1/1-1991 Review of Wilbanks' book on racism, criminal justice 1l/10-1987 SETTLEMENT AGREEMENTS Remembering the Attica uprising 13/5-1987 Parties move toward settlement in AZ 12/3-1987 Alabama case exposed racism 13/8-1987 SC settlement limits population 5/1-1985 McClesky decision tolerates racial bias in d.p. cases 1418-1987 Hard-fought settlement reached in Hawaii case 5/3-1985 Study reveals racial bias in sentencing 20/8-1989 Revived settlement halts trial in AZ 5/4-1985 Report finds racism in NY system VoI.5/4I6-1990 Experts negotiates settlement in Hawaii 6/6-1985 ABA report urges reforms VoI.7/3/1-1992 Settlement reached in D.C. juvenile case 10/12-1986 Inequalities in justice systems worldwide Vol. 9/3/1-1994 SEXUAL HARASSMENT RELIGION What rights does a prisoner have to end sexual Muslim prisoners seek religious recognition 8/3-1986 harassment? VoU 0/3/ -1995 Supreme Court decides O'Lone v. Estate ofShabazz 1416-1987 SEX OFFENDERS Effects of O'Lone decision 15/8-1988 Depo-provera treatment raises questions Religious rights decisions, post-Shabazz VoI.5/4I9CL-1990 411-1985 The Religious Freedom Restoration Act (RFRA) Vol.9/1/13CL-1994 SMOKING Litigation under RFRA VoI.9/4/2-1994 Smoking in prison: a question of rights 12/12-1987 RHODE ISLAND Analysis of Helling v. McKinney VoI.8/4I7CL-1993 Can smoking be banned in prison? Litigation in Rhode Island brings change 311-1985 VoI.9/2/15-1994 Order promises further relief in RI prisons 8/5-1986 SOUTH CAROLINA Court fines officials over noncompliance 21/1-1989 SC settlement limits population 5/1-1985 Palmigiano judge urges use of alternatives VoI.6/2/5-1991 Execution in SC for juvenile crime challenged 7/13-1986 Agreement reached in Palmigiano case Vol.9/3/3-1994 Court orders SC to comply with decree 9/4-1986 RI release program for AIDS prisoners Vol.I0/3/ -1995 Appeals court upholds pop. cap in SC 11/13-1987 RHODES V. CHAPMAN SOUTH DAKOTA Rhodes presents litigators with critical issues 13/22-1987 Lawsuit challenges violations at penitentiary 416-1985 Analyzing the effects of Rhodes 1414-1987 Inmate describes being a class representative 13/19-1987 RIOTS SOUTHERN CENTER FOR HUMAN RIGHTS Remembering the Attica uprising 13/5-1987 Death penalty lawyers accept ACLU award VoI.6/4I1-1991 NPP lawyer's work rooted in Attica 16/12-1988 SPEAR V. ARIYOSHI ACA asked to ease housing standards VoI.6/3/14-1991 Settlement reached in Hawaii case 5/3-1985 20 years after Attica VoI.6/4/17-1991 Expert panel negotiates settlement in Hawaii 6/6-1985 Reflections on the Lucasville riot VoI.8/3/14-1993 SPECIAL MASTERS RUFO V. INMATES OF SUFFOLK COUNlYJAIL Special masters aid in compliance efforts 6/9-1985 Supreme Court to review modification of Special master appointed in Tennessee 8/1-1986 consent decrees VoI.6/3/17-1991 Special master's role in Tennessee case 8/2-1986 An analysis of the Rufo decision Vol. 7/2I7CL-1992 Judge discusses special masters 11/9-1987 Role of special masters ripe for debate 13/15-1987 How to work effectively with special masters VoI.5/4/1-1990

THE NATIONAL PRISON PROJEG JOURNAL SUMMER 1995 27 STANDARDS -y- Health care standards published 11/l2-1987 VICTIMS' RIGHTS SUICIDE PACT publishes VORP Network News 12/15-1987 NIC to study jail suicides 11112-1987 Involving victims and offenders in sentencing 1419-1987 Jail suicide study, training curriculum released 18/14-1989 Victim-Offender mediation assn. established 19/13-1989 1990 Jail Suicide Update available VoI.6/1I5-1991 Victim services and alternatives to the death penalty Vol. 5/3/6-1990 SUPREME COURT, U.S. VIRGINIA Court says 'hands off' in Block v. Rutherford 119-1984 Lawyer access a problem at Mecklenburg 3/2-1985 Court upholds death penalty for juvenile crime 7/13-1986 Early prisoner advocacy efforts in Virginia 13/3-1987 Recent prisoners' rights decisions by Court 8/7-1986 Is Joe Giarratano innocent? 22/1-1990 Recent prisoners' rights decisions by Court 14/6-1987 Judge orders changes at VA penitentiary Vo1.6/1114-1991 Effect of Court's decisions in O'Lone and Safley 15/8-1988 Class in Alternatives to Violence held at Augusta VoI.8/4I14-1993 Court to hear brutality case (Hudson v. McMillian) VoI.6/3/1-1991 VOTING RIGHTS Court to review modification of consent decrees Ex-offenders find barriers to voting 3/3-1985 (Rufo v. Inmates ofSuffolk Co. Jail) VoI.6/3/l7-1991 Court decides in favor of prisoner in Hudson VoI.7/2/1-1992 Analysis of Helling v. MCKintze)! VoI.8/4/7CL-1993 -w- Analysis of Farme/" v. B/"ennall decision Vol. 9/3/6CL-1994 Criminal contempt - the Bagwell decision Vol. 9/4/6CL-1994 WALKER, JOANN Due process rights - the Sandin decision VoU 0/31 -1995 In memory VoI.9/4I18-1994 SWEDEN WASHINGTON Swedes confused by U.S. death penalty 4/9-1985 Reforms, guidelines reduce prison population 1911-1989 Swedes enact animal treatment legislation 1919-1989 Prison population may increase 22/18-1990 WASHINGTON V. TINNEY Highlights 14116-1987 -T- WEST VIRGINIA TENNESSEE Conditions spark Moundsville disturbance conditions 7/12-1986 Court orders spur prison reform in Tennessee 8/l-1986 WHITLEY V. ALBERS Special Master's role in Tennessee case 812-1986 Supreme Court decides use of force case 8/7-1986 End of Tennessee prison case Vo1.8/4/1-1993 Courts stretch meaning of Whitle)! v. Albers VoI.5/3/3-1990 TERRY D. V. RADER WICKBERG, RON Lawsuit challenges Oklahoma juvenile system 2/3-1984 In memory Lawsuit leads to reform in Oklahoma juvenile Vo1.9/4117-1994 system Vol. 5/2/1-1990 WILSON V. SEITER An analysis of Wilson decision TEXAS VoI.6/3/6CL-1991 Proving deliberate indifference after Wilson VoI.6/4/3-1991 Unusual practices found in Texas jails 118-1984 Alook at post-Wilson decisions VoI.6/4/6CL-1991 Legislature develops prison reform package 1/l2-1984 NPP attorney discusses Wilson VoI.6/4/l4-1991 Highlights 4/12-1985 WOMEN TILLERY V. OWENS Women in jail have special problems 2/9-1984 Third Circuit upholds ban on double-ceiling Vol. 5/4/9CL-1990 ACLU opens Women Prisoners' Rights Project 7110-1986 TRANSFERS Prison not always answer for female offenders 11/1-1987 Can transfers be blocked? VoI.9/4/11-1994 Few alternative programs exist for women 12/9-1987 TUBERCULOSIS Pursuing equal treatment for women in prison 13/26-1987 TB poses threat to prisoners Vo1.7/l/l-1986 The connections between feminism and justice 13/33-1987 TB case damage award, Hillli. Marshall Vol. 7/4/6CL-1986 Imprisoned mothers face extra hardships 1411-1987 NPP releases TB booklet VoI.8/1I17-1986 Litigation targets medical care in women's prisons 1511-1988 Dangers posed by spread of TB VoU 0/2/1-1986 New Minnesota women's prison is human'e 17/16-1988 Court denounces FCI-Lexington Control Unit 17119-1988 TURNER V. SAFLEY States study policies affecting women offenders 19/4 -1989 Effect of Supreme Court decisions in O'Lone and Safley 15/8-1988 Elderly prison population includes women 20/9-1989 High number of girls held as status offenders Vo1.512118-1990 -u- AIDS education program for women at Rikers Island Vol. 5/3/18-1990 U.S. V. MICHIGANIKNOP V. JOHNSON Alternative programs that work VoI.6/3/2-1991 NPP challenges Michigan consent decree 1/l-1984 NPP releases new bibliography on women in prison VoI.614111-1991 An update on the Michigan case 12/8-1987 Women prisoners develop AIDS education program VoI.6/4I18-1991 AIDS education for women VoI.8/4/18-1993 URINALYSIS Women's peer AIDS education programs VoI.9/1I22-1994 Urinalysis not always reliable 9/13-1986 Can women prisoners sue over sex discrimination? VoI.9/3/13-1994 USE OF FORCE (See Brutality) New York programs for incarcerated parents VoI.9/4I5-1994 National conference on women prisoners with mY/AIDS VoUO/3/ -1995

28 SUMMER 1995 THE NATIONAL PRISON PROJECT JOURNAL Continuedfrom page 4 The Chief Inspector has yet to visit privatization programs currently develop­ Premier Prison Service's Doncaster prison ing across western and eastern Europe "difficult history."; Within a year of open­ but alleged incidents of bullying and drug might well prove fertile ground for further ing the company's management team had taking among prisoners and a number of U.S. expansion in the future.• to be changed and an international consul­ other incidents caused earl\' concern tant enlisted to implement a suicide preven­ among probation officers. the police and Stephen Nathan researches privatization tion strategy. Since November 1992 there social services. Following two suicides a for the Prison Reform Trust in England. have been five deaths in custody, as well as Member Of ParliameI1l called for a public riots, fires, a drug overdose and allegations inquiry into the running of the prison. IJC Bradford &Co, Equity Research, p.ll, of rapes and serious assaults. Tear gas has The U.K.'s current prison services priva­ January 1995. been used to quell riots, explained by a tization program includes 13 prisons, lUKDS Briefing Paper, May 1993. Wackenhut director as "a humane way to (one tenth of the total) with six contracts '\\greement between CCA International Inc. and obtain order quickly rather than a lot 'of let to date; five new secure training centers Iniziative Industriali S.p.A., p.l, February 1988. staff with batons striking people."6 for young offenders (contracts yet to be

1.CCA '.U.S.:Correetions Corporation of Anierica (CCA) CCA International Inc . (tOO percent owned) . " 0;1;: CCA +John Mowlem + Sir Robert McAlpine = U.K. Detention Services (one third owned) . , " Australia: ,CCA + Chubb Security Holdings =Corrections Corporation ofAustralia " . ,'. ,(SQ· percent owned). . • Outside ,of the U.K, Belgium, Australia: CCA + Sodexho SA specialists, particularly psychologists and (51/49p~rcent in favor of CCA or 49151 percent share). other non-custodial staff...the second full year of operation for ]unee will be a very 2. Wackenhut testing one indeed."8 • U.S.: Wackenhut Corporation Wack~nhut .Corrections Corporalion (WCC) Following a host of other problems, (l00 percent owned) "' CCA's joint U.K. venture, VIillS, became the • U.K.:WCC + Serco =Premier Prison Services Ltd first private operator to be penalized by (50 percent owned) WCC + Trafalget House + Serco = Premier Custodial the government when it was fined £41,000 Developments Ltd (one third owned). . ' (U.S. $59,000) after losing control of • Australia: Wackenhut Corrections Corporation Australia Pty Ltd Blakenhurst during a disturbance in (l00 percent owned). February 1994. WCC = Australasian Correctional Management Pty Ltd In February 1995, Her Majesty's Chief (now 100 percent owned, formerly 50f50with'TbiessContractors). Inspector of Prisons, Judge Stephen WCC + National Australia Bank = Australasian Correctional Services Pty Ltd Tumim, published a report of his team's (now 66.7 percent owned, formerly also included Thiess) . inspection of Blakenhurst eight months earlier. Acknowledging that 12 months is a 3. Corrections Partners Inc. "relatively short time for any establishment • U.S.: Founded in 1991 by merger of Correctional Services Group Inc + to develop a balanced culture," he said Correction ManagementAffiliates. . ' " that "the most impressive feature was the .' Australia:·CPf+ Skilled Engineering +Multiplex Construction + BZW Australia='·, ' ' quality, enthusiasm and potential of staff: CorrPac Pty Ltd . . . " - the most disappointing feature was the • U~K.:CPI +Wimpey+AMEC +fourihcolllpany = comparative shortage of innovation." His ,·COP.S9rHUIIl. 109-page report also included over 100 recommendations for improvement. 9

THE NATIONAL PRISON PROJEG JOURNAL SUMMER 1995 29 te

BY JACKIE WALKER months prior to the prisoner's release Dr. Anne De Groot has operated the clinic date to plan for post-release treatment with the assistance of a nurse and case and followup. All women are reqUired to manager. Dr. De Groot initiated a study on establish medical follow-up with three childhood sexual abuse among prisoners National HIV clinics in Rhode Island. Referrals for living with HIV/AIDS. She had become financial support, substance abuse treat­ frustrated with her inability to get women Conference ment, and housing are provided based to participate in their own health care; a on a woman's needs, and follow-up is colleague suggested a survey of women Looks At Women then conducted three and six months attending the clinic on childhood sexual after release. abuse. Dr. De Groot formulated a basic Prisoners Living Data collected on women prisoners with questionnaire and incorporated it into HIV/AIDS who participated in the program her physician intake form. Her findings with HIV/AIDS from June 1992 through July 1993 from the 1993-1994 period were first pub­ revealed a number of accomplishments. lished in thejournal ofCorrectional he National HIV Infection in Women Women who participated had a recidivism Health Care. Conference was held in Washington, rate of 12% within six months and 17% Of the 88 women interviewed, 42% had TD.C. from February 22 to 24, 1995. within 12 months. This compared favor­ histories of childhood sexual abuse. HIV It included workshops and sessions ably to an identical population of HIV­ infection was 2.8 times more prevalent highlighting women prisoners living with negative women who had recidivism rates among survivors of childhood sexual HIV/AIDS. Workshop topics ranged from of 22% within six months and 37% within abuse than among women with no history the clinical needs of women prisoners liv­ 12 months. The program has also suc­ of childhood sexual abuse. Survivors of ing with HIViAIDS to HIV/AIDS among ceeded in other areas. Seventy-nine per­ childhood sexual abuse were also 1.8 female arrestees in New York City. One ses­ cent of women in the program were able times more likely to have unprotected sex sion included a statement from an to receive some form of financial assis­ and 2.1 times more likely to have used HIV-positive prisoner in Massachusetts. tance and 68% received support from injection drugs. The impact of these sur­ The prisoner described the impact of substance abuse programs. Over 70% veys has gone beyond the realm of data sexual abuse on the lives of women and chose to continue receiving medical care collection. Within the prison women have condemned the lack of condoms and clean from the same medical provider. One of begun to request more services directed needles to combat HIV/AIDS within prison. the reasons for the high follow-up is Dr. towards sexual abuse recovery. Aformer 1\vo interesting presentations were a Timothy Flanigan, Director of the HIV Care prisoner has begun to speak about her paper on how Rhode Island's Prison Program at the ACI. According to Dr. own history of childhood sexual abuse Release Program has reduced recidivism Flanigan, "Most prisoners have never had to youth groups. among women living with HIV/AIDS and a primary care. And being part of a minority In addition, Dr. De Groot has researched workshop which explored the impact of group often means having difficulty in seroconversion (when a person converts sexual abuse on HIV/AIDS infection among being treated. We offer the opportunity from HIV negative to positive) rates among women at the Massachusetts Correctional to be treated in a humane manner and fol­ women at MCI-Framingham. Asmall study Institute-Framingham. low-up with the same medical provider." of seroconversion rates within prison One graduate of the program is now found a rate of 16% among reincarcerated Rhode Island's Prison working as an outreach counselor; women. These statistics have become the Release Program others have successfully reunited with motivating force in developing Project Thirty-nine percent of all HIV-infected their children. The program has received Zero, a program designed to reduce the women in Rhode Island are diagnosed at national attention. Representatives from a seroconversion rates of recently incarcer­ the Adult Correctional Institution (ACI). number of state correctional departments ated women. In reflecting on her work This figure is compounded by a high have reviewed the program as a blueprint Dr. De Groot believes, "We need to over­ recidivism rate among women prisoners for reorganizing their own release plan­ come this attitude that criminals are genet­ with HIV/AIDS. APrison Release Program ning efforts. ically deformed. I see the women I work was developed to address concerns with as wonderful individuals who've had expressed by HIV/ AIDS education special­ MCI-Framingham's Infectious horrible lives." • ists such as Lenore Normandy, R.N., that Disease Clinic there is no followup or medical treatment At the Massachusetts'Correctional jackie Walker is the Project's AIDS for former prisoners. Institute for Women in Framingham, Information Coordinator. The Rhode Island Departments of Health prisoners living with HIV/AIDS have access and Corrections and the Brown University to a weekly infectious disease clinic, a AIDS Program collaborate during the six rarity in prison. For the past three years

30 SUMMER 1995 THE NATIONAL PRISON PROJECT JOURNAL blications

Bibliography of Material on 1990 AIDS in Prison Women in Prison Bibliography lists resources lists information on this subject on AIDS in prison that are available from the National Prison available from the National Prison Project and other sources Project and other sources, concerning health care, drug including corrections policies on treatment, incarcerated mothers, AIDS, educational materials, juveniles, legislation, parole, the medical and legal articles, and death penalty, sex discrimination, recent AIDS studies. $5 prepaid race and more. 35 pages. $5 from NPP. prepaid from NPP. AIDS in Prisons: The Facts A Primer for Jail Litigators for Inmates and Officers is is a detailed manual with practical a simply written educational tool suggestions for jail litigation . It for prisoners, corrections staff, includes chapters on legal analy­ and AIDS service providers. The The National Prison sis, the use of expert witnesses, booklet answers in an easy-to­ ProjectjOURNAL, $30/yr. class actions, attorneys' fees, read format commonly asked $2Iyr. to prisoners. enforcement, discovery, defenses' questions concerning the proof, remedies, and many practi­ meaning of AIDS, the medical The Prisoners' Assistance cal suggestions. Relevant case treatment available, legal rights Directory, the result of a citations and correctional stan­ and responsibilities. Also national survey, identifies and dards. 1st Edition, February 1984. available in Spanish. Sample describes various organizations and 180 pages, paperback. (Note: This copies free. Bulk orders: 100 agencies that provide assistance is not a "jailhouse lawyers" manu­ copies/$25. 500 copies/$100. to prisoners. Lists national, state, al.) $20 prepaid from NPP. 1,000 copies/$150 prepaid. and local organizations and sources of assistance including (order ACLU Handbook, The legal, AIDS, family support, and TB: The Facts for Inmates from Rights of Prisoners. Guide to ex-offender aid. 10th Edition, pub­ and Officers answers ACLUj the legal rights of prisoners, lished January 1993. Paperback, commonly-asked questions about parolees, pre-trial detainees, etc., $30 prepaid from NPP. tuberculosis (TB) in a simple in question-and-answer form. question-and-answer format. Contains citations. $7.95; $5 for The National Prison Project Discusses what tuberculosis is, prisoners. ACLL Dept. L. P.O. Box Status Report lists by state how it is contracted, its symp­ QTY COST -94. i\-ledford. \Y 11-6:\. those presently under court order, toms, treatment and how HlV or those which have pending infection affects TB. Single copies litigation either involving the free. Bulk orders: 100 copies/ entire state prison system or $25. 500 copies/$100. major institutions within the state. QTY COST 1,000 copies/$150 prepaid. Lists cases which deal with overcrowding and/or the total conditions of confinement. (No jails except District of Columbia.) Updated January 1993. $5 prepaid QTY COST from NPP.

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THE NATIONAL PRISON PROJEG JOURNAL SUMMER 1995 31 he following are major develop­ women at the Chillico the Correctional June 19, the Supreme Court overturned ments in the National Prison Center and the Renz Correctional Center. the Ninth Circuit's ruling. The 5-4 TProject's litigation program since On June 7, the NPP, together with the local opinion held that the prisoner had no March 31, 1995. Further details of any ACLU affiliate, filed a class action suit on "liberty interest," that might entitle him of the listed cases may be obtained by behalf of the women prisoners alleging to a range of procedural protections, writing the Project. inadequacies in the medical care delivery because the punishment he received did system, including inadequate emergency not impose any unusual or significant Casey v. Lewis-In May 1995, the care and treatment for women with chron­ hardship beyond his normal conditions Supreme Court granted certiorari to the ic health problems. The complaint alleges of confinement. defendants for review of the trial court's that among this latter group are a para­ ruling that the Arizona department of plegic woman confined to a wheelchair Schumate v. Wilson-The NPP was Corrections' policies unconstitutionally who receives no physical therapy, severely asked by local lawyers and activists to restrict prisoners' access to the courts. mentally ill patients who do not receive assist with a challenge to medical care at The trial court's ruling was made in medication regularly and are not seen by a the Central California Women's Facility at November 1992. Following oral argument psychiatrist, and women with HIY/AIDS Chowchilla and the California Institution in November 1994, the Ninth Circuit Court who are denied appropriate medical care. for Women at Frontera. Together, these of Appeals, in a unanimous decision, Medical care at all Missouri prisons is prisons house approximately 5,600 pris­ upheld the trial court's ruling, affirming prOVided by Correctional Medical Systems oners. Prisoners allege that they receive virtually all of the trial court's order which (CMS) under contract to the state's systemically inadequate treatment for a applies to all 15,000 prisoners in the Department of Corrections. number of chronic diseases, including Arizona system. The order, however, has HIV, and that the facility suffers from not been implemented because in May Sandin v. Conner-The NPP filed an inadequate staffing, specialty services, and 1994 the Supreme Court, with four amicus curiae brief on behalf of the emergency care. Women who test positive Justices dissenting, granted a stay of the respondent in this case before the for HIV have their medical status dis­ trial court decision. Supreme Court. Conner, a Hawaii state closed, in part by the location of their prisoner, claimed that he was punished housing. The NPP, together with the Dulany v. Carnahan-At the request with 30 days of solitary confinement with­ Northern and Southern California ACLU and with the assistance of the local ACLU out an adequate due process hearing after affiliates, Legal Services for Prisoners with affiliate, the NPP began investigating con­ allegedly resisting a strip-search. The Children, Central California Legal Services, ditions in the Missouri prison system sev­ Ninth Circuit Court of Appeals, overturning and the law fit:m of Heller, Ehrman, eral months ago. Agreement was reached the trial court's ruling in favor of prison White & McAuliffe in San Francisco, filed on a number of issues. However, no agree­ officials, held that the prisoner had a right suit in April. • ment was reached to improve the medical, not to be arbitrarily subjected to punitive mental health and dental care provided to segregation. In an opinion issued this

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32 SUMMER 1995 THE NATIONAL PRISON PROJECT JOURNAL