| Prison Legal News, a monthly print publication that covers criminal justice issues, is a project of the Human Rights Defense Center, a 501(c)(3) non-profit organization. |
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Solitary Confinement Is a Great American Shame Shawn T. Walker spent 20 years in a windowless cell measuring 7 by 12 feet. He was allowed to leave that cell five times a week to spend two-hour intervals in a restricted area known as the "dog cage." Before entering the dog cage, Walker was required to undergo a strip search-including a body cavity search. To avoid these intrusions, Walker did not leave his cell for nearly seven years. He ate his meals alone in his cell, where he was constantly inundated by the sounds of other inmates in solitary confinement. Like virtually everyone subject to solitary, Walker developed severe mental disorders including insomnia, acute emotional distress, and uncontrollable body tremors. Walker's first 14 years in solitary were unavoidable: Pennsylvania placed him on death row for committing first-degree murder, and in Pennsylvania, death row is solitary confinement. But after 14 years, his capital sentence was vacated. Walker was no longer awaiting execution-yet the state kept him locked in solitary, without any clear explanation as to why, for six more years. Only after a court formally converted Walker's sentence to life imprisonment was he removed from solitary and placed in the general population. Eventually, Walker sued, alleging that his six extra years in solitary violated his constitutional rights. On Thursday, the U.S. Court of Appeals for the 3rd Circuit agreed with Walker in a broad ruling that strictly limits the use of solitary in the three states within the circuit: Pennsylvania, Delaware, and New Jersey. The decision marks a considerable victory for opponents of solitary who argue that prisons routinely abuse the practice in violation of the U.S. Constitution. This week's ruling contributes to a growing consensus among federal courts that the judiciary must curb solitary confinement-a consensus likely to be affirmed by the Supreme Court in the near future. The 3rd Circuit considered Walker's suit along with that of Craig Williams, another former death-row inmate who remained in solitary after his capital sentence was vacated. Unfortunately for Walker and Williams, the court concluded that prison officials had not violated a "clearly established right" by keeping both men in solitary for no clear reason. That means the officials can't be held liable for damages. The good news is that the court has now established such a right, and all prison officials will be held to the new standard moving forward. Under the 14thAmendment's Due Process Clause, the court explained, inmates have "a liberty interest" in not being subjected to solitary confinement "absent procedural protections that ensured the confinement was appropriate." These "procedural protections" must "ensure that continuing this level of deprivation is required for penological purposes, and is not reflexively imposed without individualized justification." Read More |
An Anti-Consumer Agenda at the F.C.C. As President Trump rushes to dismantle Obama-era rules that protect Americans, he has an energetic helper over at the Federal Communications Commission. Its new Republican chairman has started undoing policies of his predecessor that were intended to make phone, cable and internet service more fair and more affordable. Ajit Pai, who was a commissioner before he became chairman last month, is trying to wipe away net neutrality rules put in place by Tom Wheeler, the former chairman, to prevent broadband companies from creating fast and slow lanes on the internet. Mr. Pai has scrapped a proposal to let people buy cable-TV boxes instead of renting them at inflated prices from companies like Comcast. Many of Mr. Pai's moves would hurt the people who have the least power. For instance, he has backed away from rules to lower the exorbitant rates for prison phone calls. And he has suspended nine companies from providing discounted internet service to poor people through a program known as Lifeline. Mr. Pai, who says the Wheeler-era regulations are burdensome, clearly favors policies that serve the interests of large telecommunications companies. Mr. Pai is aiming right at the poor with his policies on prison phone rates and discounted broadband service. Phone companies filed a lawsuit challenging rules adopted during Mr. Wheeler's tenure to cap prison phone rates, which had been as high as $17 for a 15-minute phone call. There is simply no justification for those rates. And by suspending companies seeking to offer discounted broadband service through Lifeline, the F.C.C. will deprive children from poor households of the high-speed internet access they need to do homework. Mr. Pai says he is concerned about fraud and says the affected companies were not properly vetted. But this isn't the right way to root out abuse. The commission could, for example, subject companies participating in the program to regular audits. Congress created the F.C.C. to help all Americans obtain access to communication services without discrimination and at fair prices. Mr. Pai's approach does exactly the opposite. Read More |
Virginia: Feds probing ex-Norfolk Sheriff Bob McCabe's ties to jail contractor. What is Correct Care Solutions? Federal investigators are probing the relationship between former Norfolk Sheriff Bob McCabe's office and Correct Care Solutions, the jail's medical contractor since 2004. But what is Correct Care Solutions? Gerald "Jerry" Boyle founded the company in 2003, after previously heading a similar business named Prison Health Services. CCS employs nearly 11,000 people in 38 states and Australia, according to the Nashville, Tenn.-based company's website. It provides medical and behavioral health services for nearly 250,000 patients at local, state and federal facilities, including jails, prisons, hospitals and civil commitment centers. The bulk of those employees - more than 6,000 - work at 333 detention facilities like the Norfolk City Jail. It handles medical services for four of six jails in South Hampton Roads. The city's Sheriff's Office was required last year to pay the company a base amount of about $3.8 million, according to a copy of the contract obtained by The Virginian-Pilot. Read More |
| New in our Bookstore! The Federal Prison Handbook 491 pages. The Federal Prison Handbook, by Christopher Zoukis, is the definitive guide to surviving incarceration in a federal prison. This handbook teaches individuals facing incarceration, prisoners who are already inside, and their friends and family everything they need to know to protect themselves and their rights. The thorough information was compiled by someone who has first-hand experience with the federal prison system, as Zoukis is an advocate currently serving time at a federal prison. His insider's view of this unknown world guides inmates through the mental stresses of confinement. In detailed chapters broken down by topical areas, readers discover: - What to expect on the day you're admitted to prison, and how to greet cellmates for the first time
- What to do about sexual harassment or assault
- The best ways to avoid fights, and the options that provide the greatest protection if a fight cannot be avoided
- Medical, psychological and religious services
- How to communicate with the outside world through telephones, computers and mail.
- What you can buy in the official commissary and the underground economy
- How to avoid scams, schemes, theft, and other problems
- Comprehensive analysis of Federal Bureau of Prisons policy and regulatory guidelines
Importantly, this text provides detailed instructions on how prisoners can protect their rights. The author is a college-educated prisoner who has fought extensively to preserve his rights and the rights of other prisoners. Read More and Shop Here |
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CLE Seminar: Representing Victims of Law Enforcement Misconduct West Palm Beach, Florida March 2-3, 2017 Human Rights Defense Center and National Police Accountability Project will be hosting a day and a half CLE seminar on representing the victims of law enforcement misconduct. Presented by some of the best civil rights lawyers in the country it's a great chance to learn more about this critical area of the law and held in sunny West Palm Beach Florida it's an opportunity to escape from the cold and snow if you live in well, a cold and snowy place. The South Florida-based Human Rights Defense Center in collaboration with the National Police Accountability Project are offering a two-day CLE seminar at the Marriott Hotel in West Palm Beach, Florida, with a full seminar day on Thursday, March 2 and a half day on Friday, March 3. HRDC and NPAP have secured a fantastic room rate of $185 per night at the Marriott where the seminar will be held, a bargain for a winter getaway in Florida. The hotel is in close proximity to numerous beaches, and we hope that those of you in less-than-temperate winter environments will consider escaping the cold with us. And if your family is jealous of your respite, consider bringing them along! More Info Here Visit the Facebook Event Page |
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From the PLN in Print Archives Australia Uses Recidivism-Based Performance Contract at Private Prison Currently a third of all Australian women prisoners return to prison following their release, but a new pilot program initiated by the government in the state of Western Australia hopes to change those recidivism rates. According to a November 28, 2016 news report, international conglomerate Sodexo will receive 15,000 Australian dollars ($11,000 U.S.) for each prisoner who stays out of prison for two years post-release, provided the number of such successful former prisoners surpasses a certain level. Rebecca Hamilton, director of strategic policy at Western Australia's Department of Corrective Services, said the move was intended to ease overcrowding in the state's women's facility. She added that the UK has had measurable success with a similar program. "So basically what we're saying to Sodexo is if you can successfully provide programs for a woman so she doesn't reoffend then we'll pay you more for that than we will for a woman who comes back into the system," Hamilton explained. Sodexo has held the contract to operate the 256-bed Melaleuca Remand & Reintegration Facility since June 2016. Western Australia's two other private prisons are both run by UK-based Serco. John Welsch, secretary for the Western Australian Prison Officers' Union, criticized the decision by public officials to let Sodexo manage the women's facility. "The government is basically telling experienced public sector staff that they are not up to the [job] of managing the new prison, and it would prefer to give the contract to one of the world's largest multinational corporations instead," he said. In the United States, tying contract performance awards to reductions in recidivism is presently being tried in Pennsylvania, at privately-operated halfway houses. [See: PLN, Sept. 2014, p.50; April 2013, p.44]. Read More |
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VIDEO: The Lifer and the Warden In this powerful video, a pair of old friends - a former lifer and a prison warden - reunite to make a California women's prison safer. The video captures Just Detention InternationaI's groundbreaking work inside detention facilities to ensure every prisoners' right to be free from sexual abuse. Watch Here |
Cops In Texas Seize Millions By 'Policing for Profit' Texas law enforcement are continuing to enrich themselves using a little-known legal doctrine known as civil forfeiture, according to a new series of investigative reports. Under civil forfeiture, property can be forfeited even if its owner has never been charged with a crime. In these proceedings, accused criminals have more rights than innocent owners and the government sues the property, not its owner. These cases can be so baffling, one Texas Supreme Court Justice recently compared civil forfeiture to Alice in Wonderland and the works of Franz Kafka. But civil forfeiture isn't just a quirky curiosity-it's a powerful incentive for law enforcement to take millions. Last month, the Fort Worth Star-Telegram reported that the District Attorney's Office in Tarrant County, Texas seized $3.5 million, plus almost 250 cars and 440 computers in fiscal year 2013, roughly equal to about 10 percent of its budget. Of the property seized, almost $845,000 was spent on salaries for 16 employees at the office. By comparison, only $53,000 went to "six nonprofits that benefit victims or prosecution efforts." The county's narcotics unit spent an even greater proportion of forfeiture funds on salaries. Last year, the unit seized $666,427 in cash and used $426,058 to pay salaries. Even more property was forfeited by participating in a federal program known as "equitable sharing." By partnering with a federal agency, local and state law enforcement can keep up to 80 percent of the proceeds from a forfeited property. Incredibly, police can collaborate even if doing so would circumvent their own states' protections for property owners. Equitable sharing doled out almost $60,000 to the Arlington Police Department and nearly $400,000 to the Dallas/Fort Worth Airport Department of Public Safety in 2013. A joint task force composed of the Tarrant County DA's Office and the DEA received almost $2.9 million, one of the highest bounties in the state. Read More |
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Virginia inspector general may lose job over inmate death probe Virginia's inspector general, whose office is supposed to uncover waste, fraud and abuse in state government, might lose her job over what Republican lawmakers say was a failure to rigorously investigate the death of a mentally ill man in a Hampton Roads jail 18 months ago. The Republican-controlled Virginia House of Delegates' decision to reject Gov. Terry McAuliffe's appointment of June Jennings to a full four-year term prompted an angry response Thursday from the governor, who suggested that sexism was at play. Appearing on a Richmond-area radio talk show, the Democratic governor called the House action outrageous and suggested that it was motivated by sexism. "Why do they keep going after women here?" he asked, 15 minutes into "The John Fredericks Show." "To take this innocent woman and toss her under the bus..." Each house in the General Assembly essentially has veto power over appointments, so unless McAuliffe (D) works out a deal and resubmits Jennings's name, her three-year interim term could end in June. McAuliffe said that Jennings bears "absolutely zero responsibility" for Jamycheal Mitchell's death. He accused the Republicans of hypocrisy for failing to give Jennings the authority to investigate the death. Read More |
Can the President "Destroy" Criminal-Justice Reformers? On Tuesday, President Trump hosted a group of county sheriffs at the White House, where he spurred a now-infamous exchange with a lawman from Texas. The back-and-forth went like this: Trump asked the sheriffs if they had any ideas on "how we can bring about law enforcement in a very good, civil, lovely way," in order to "stop crime." Sheriff Harold Eavenson, of Rockwall County, Texas, fired first. "Asset forfeiture!" he called out. "We've got a state senator in Texas that was talking about introducing legislation to require conviction before we could receive that forfeiture money." "Can you believe that?" Trump interjected. "And I told him," the sheriff continued, "that the cartel would build a monument to him in Mexico if he could get that legislation passed." Trump was eager for details. "Who's the state senator?" he asked. "Do you want to give his name?" The sheriff shrugged. He wore the conflicted smile of a child who'd just tattled on a sibling, only to realize, upon dad's approach with a belt, the stakes of what he'd unleashed. Trump pushed on, saying, of the senator, "We'll destroy his career." Obsequious laughter flowed. If some dismissed the President's threat as a joke-however cruel or misguided-the issue it referenced can't be dismissed so easily. In what appeared to be an act of improvisation on a major public policy, the President endorsed the sheriff's comments on the alleged evils of civil-asset-forfeiture reform. And this matters, because Eavenson's characterization of the practice obscured a significant truth. Civil forfeiture-the practice of authorities seizing goods they believe are the fruits of crime-is far less frequently used against bona-fide cartel kingpins than it is against individuals who've not been proved guilty of crimes. Often, it's used against people who haven't even been accused of any wrongdoing. And, though Trump's "we'll destroy his career" comment quickly drew widespread criticism, the remark was only the coda of an equally unnerving conversation with the sheriffs that went largely unremarked upon. Read More |
Call to Action! Washington! California! The Human Rights Defense Center (HRDC) is currently seeking out plaintiffs for litigation against prison debit card vendor NUMI. If you or someone you know has been victimized by this prison profiteer by being charged to access your own money on a debit card after release from prison or jail in Washington State or California, please send your contact information to mmc...@prisonlegalnews.org with the subject line DEBIT. HRDC began the Stop Prison Profiteering campaign in 2015 to expose and stop business practices that result in the financial exploitation and gouging of friends and family members of prisoners and poor people enmeshed in the criminal justice system. We believe that further financial exploitation of poor people perpetuates cycles of crime and poverty and that government should not be partnering with private for profit companies to use their police power and monopoly contracts to exploit and profiteer off the citizens involved in the criminal justice system. HRDC is collecting information about the ways that prisoners and family members of incarcerated people get cheated and gouged by the high cost of sending money to fund prisoner accounts, including costly fees to use pre-paid debit cards upon release from custody, including jails. For more on the Stop Prison Profiteering campaign click the link below. Read More |
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