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Prison Legal News: May, 2024

Issue PDF
Volume 35, Number 5

In this issue:

  1. Aramark: Prison Food for Thought (p 1)
  2. From the Editor (p 10)
  3. Southern California Jail Guard Arrested With 104 Pounds of Fentanyl (p 10)
  4. Families of New Jersey Jail Suicide Victims Still Waiting for Settlement Payouts (p 11)
  5. $500,000 Settlement for Colorado Prisoner Forced to Defecate in Bucket for 12 Days (p 11)
  6. These Men Fought White Supremacists and Got Sentenced to Over 200 Years (p 12)
  7. Six Deaths in Just Over Six Months at Alabama Jail (p 15)
  8. Federal Watchdog Slams BOP for Lapses in Epstein Death, Pushes Back Against Rumors It Wasn’t Suicide (p 16)
  9. Over 5,000 Prisoners Federally Sentenced Every Month (p 17)
  10. Alabama Woman Jailed for “Fetal Endangerment” Sues After She Was Forced to Give Birth Alone in Jail Shower (p 17)
  11. Former Illinois Prisoner Pursuing PhD After 27 Years of Incarceration (p 18)
  12. $32,000 Settlement for Failure to Provide Insulin to Diabetic Wisconsin Prisoner (p 18)
  13. $7,500 Settlement Reached After Georgia Prisoner’s Retaliation Claim Survives Summary Judgment (p 19)
  14. Autistic Detainee’s Death in Pittsburgh Jail Blamed on “Culture” That Left Him “Punished Instead of Treated” (p 20)
  15. $6,500 Paid to Illinois Prisoner After Denied Records Request (p 21)
  16. HIV and Incarcerated People: The Good, the Bad, and the Ugly (p 21)
  17. Two West Virginia Jail Guards Plead Guilty in Detainee Death, Six More Charged (p 22)
  18. $125,000 Settlement for Wisconsin Prisoner’s Claim That Guards Set Him Up For Stabbing (p 23)
  19. Escaped Idaho Prisoner Recaptured, Three Accomplices Charged (p 23)
  20. Class-Action Challenge to Medical Care at Tennessee Jail Results in $3.8 Million Settlement (p 24)
  21. Prisoner-on-Prisoner Violence at California Prison Leaves One Dead, Another Stabbed (p 24)
  22. Eighth Circuit Says Lower Court “Tilted the Scales Too Far” for Jailers in Missouri Detainee’s Fatal Overdose (p 26)
  23. Arizona Sheriff Accused of Misusing Detainee Funds to Buy Guns, Ammo (p 27)
  24. Three Texas Prison Guards Among 13 Charged in Sprawling Smuggling Scheme (p 27)
  25. Fourth Circuit Moves North Carolina Prisons Closer to Recognizing Nation of Gods and Earths (p 28)
  26. Washington Superior Court Says Jail Cannot Bill Poor Detainees for Medical Care (p 29)
  27. Alabama Denied Summary Judgment in Prisoner’s Suit Over Knifepoint Rape (p 31)
  28. Fourth Circuit Reinstates HRDC’s RICO Claim Against Securus and ViaPath (p 32)
  29. Ninth Circuit Refunds Filing Fee to “Struck-Out” California Prisoner Denied Indigent Status Under PLRA (p 34)
  30. Pennsylvania Jail Warden Fired, Deputy Warden Resigns After Guard Assaults Detainee (p 35)
  31. Was There a Plot to Discredit Former Missouri Sheriff Investigating Corruption? (p 35)
  32. The Graying of American Prisons (p 36)
  33. Regarding Death Penalty, Biden’s Actions Don’t Align with His Mouth (p 37)
  34. $10 Million Reimbursed for Vacated Washington Drug Possession Convictions (p 37)
  35. “Third Time Is Not the Charm” For Texas Jailers Barred by PLRA from Enforcing Prior Settlement Agreement Against Prisoner in New Suit (p 38)
  36. Migrants at New Mexico CoreCivic ICE Detention Center Forced to Clean Up Sewage with Bare Hands (p 39)
  37. Wyoming Supreme Court Grants Immunity to DOC in Prison COVID-19 Vaccine Mix-Up (p 40)
  38. FTC Orders GTL/ViaPath to Help 650,000 Customers Whose Info Was Stolen, Posted on Dark Web (p 41)
  39. Three-Year Sentence for One of Four BOP Employees Charged With Ignoring Fatally Ill Federal Prisoner in Virginia (p 41)
  40. “There you go, Agent Orange!” Former South Carolina Sheriff Federally Indicted for Assaulting Jail Detainee (p 43)
  41. Dismissal Affirmed of Florida Prisoner’s Claim for Exposure to Human Waste (p 44)
  42. Qualified Immunity Denied to Former New Mexico Warden in Prisoner’s Sexual Abuse Claim (p 46)
  43. HRDC Wins Summary Judgment in North Carolina Prison Censorship Case (p 47)
  44. Pennsylvania Detainee Found Four Months After Jail Escape, Five Guards Fired (p 47)
  45. San Diego Jury Deadlocks on Charges Against Jail Doctor in Detainee’s Death, Nurse Acquitted (p 48)
  46. BOP Guards Plead Guilty in Smuggling Ring at Closed Manhattan Lockup (p 48)
  47. Legal Noose Tightens Around Necks of CDCR Officials Whose Botched Transfer Sparked San Quentin COVID-19 Outbreak (p 49)
  48. Virginia Supreme Court Denies New Sentence Credits to State Prisoner Serving “Mixed” Sentence (p 50)
  49. Ohio Supreme Court Orders Records Produced for State Prisoner (p 51)
  50. Massachusetts Makes Calls Free From Prisons and Jails (p 51)
  51. $25.2 Million Settlement for Two Connecticut Prisoners Exonerated After 35 Years (p 52)
  52. Seventh Circuit Lets Illinois Prisoner Proceed In Forma Pauperis, Despite Trust Account Balance Exceeding Filing Fee (p 53)
  53. Eighth Circuit Upholds Key Parts of Missouri Parole Reform (p 54)
  54. BOP Rolls Out Veterans-Only Housing at Federal Prison in Texas (p 54)
  55. Second Circuit Grants New York Officials Qualified Immunity for Prisoner’s Stolen Sentence Credits (p 55)
  56. BOP Shrugs Off Month-Long Leavenworth Lockdown (p 56)
  57. $15,000 to Virginia Prisoner Mauled by DOC K-9 (p 56)
  58. California Law Extends Involuntary Commitment and Detention to Substance Abusers (p 57)
  59. “Sugar Daddy” Pennsylvania Constable Accused of Recruiting “Sugar Babies” at Jail (p 58)
  60. West Virginia Supreme Court Orders Prison Officials to Develop Good-Time Credit Policy (p 58)
  61. North Carolinian Left in Jail Awaiting Trial for 11 Years (p 59)
  62. Sentencing Project Proposes Remedies for Racial Disparities Behind Bars (p 59)
  63. Ninth Circuit Affirms Class Action Consent Decree at California’s Alameda County Jail (p 60)
  64. Fired Alabama Guard Reinstated Despite Excessive Force Used on Prisoner Who Died (p 61)
  65. News in Brief (p 61)

Aramark: Prison Food for Thought

Prisoners caged in lockups where Aramark provides the food service rarely enthuse about great quality meals. So it may come as a surprise that an employee of the firm’s German subsidiary won a Next Chef Award on March 11, 2024. After tasting a dish that TV chef Johan Lauffer created, ...

From the Editor

by Paul Wright

This month’s cover story is the latest installment on the prison profiteering industry monetizing how prisoners are fed. Perhaps not surprisingly, the cost of feeding prisoners is one of the lowest operating costs involved in caging people, with staffing being 80% or more of prison and jail ...

Southern California Jail Guard Arrested With 104 Pounds of Fentanyl

The federal Drug Enforcement Agency (DEA) announced on April 24, 2024, that a months-long California operation targeting the Mexican drug cartel once run by the man known as “el Chapo” had resulted in the arrests of 15 people allegedly involved in drug trafficking—including a former guard at the Riverside County ...

Families of New Jersey Jail Suicide Victims Still Waiting for Settlement Payouts

Families who lost loved ones to suicide in New Jersey’s Cumberland County Jail (CCJ) were still waiting in early March 2024 for payouts from settlements reached two years ago or more. The delay is blamed on their now-imprisoned attorney, Conrad J. Benedetto, who provided the federal court for the District ...

$500,000 Settlement for Colorado Prisoner Forced to Defecate in Bucket for 12 Days

by David M. Reutter

On June 14, 2023, the Colorado Department of Corrections (DOC) agreed to pay $500,000 to resolve a state prisoner’s allegation that his Eighth Amendment guarantee of freedom from cruel and unusual punishment was violated when he was restrained and isolated in a “dry cell” without running ...

These Men Fought White Supremacists and Got Sentenced to Over 200 Years

by Victoria Law

How the criminal legal system slammed two Black men for standing up to white supremacist guards in an Indiana prison.

This article was originally published by Truthout on March 12, 2023. It is reprinted here with permission. View the original at https://truthout.org/articles/these-men-fought-white-supremacists-and-got-sentenced-to-over-200-years/

To book a screening of ...

Six Deaths in Just Over Six Months at Alabama Jail

With the death of Elvin Craig Stacy, 63, on January 2, 2024, Alabama’s Mobile Metro Jail had racked up six detainee deaths in just over six months.

The spate of deaths began on June 26, 2023, when Ernest James Little, Jr., 38, was found unresponsive by cellmates around 1:30 a.m. ...

Federal Watchdog Slams BOP for Lapses in Epstein Death, Pushes Back Against Rumors It Wasn’t Suicide

by Douglas Ankney

On June 27, 2023, the Office of U.S. Department of Justice Inspector General Michael Horowitz (OIG) released a report corroborating a New York City medical examiner’s conclusion that the death of billionaire pedophile Jeffrey Epstein was a suicide but faulting the federal Bureau of Prisons (BOP) for ...

Over 5,000 Prisoners Federally Sentenced Every Month

by Douglas Ankney

In the nine months ending on June 30, 2023, there were 47,931 sentences for federal crime, driving more than 5,000 prisoners into custody of the federal Bureau of Prisons every month, according to data released by the U.S. Sentencing Commission on September 21, 2023.

Most of those ...

Alabama Woman Jailed for “Fetal Endangerment” Sues After She Was Forced to Give Birth Alone in Jail Shower

Among the worst places to put a pregnant woman, a jail cell ranks fairly high. Yet that’s exactly where Ashley Caswell found herself—jailed in Alabama’s Etowah County for “fetal endangerment.” Ultimately she was forced to give birth alone in a jail shower, according to a complaint she filed on October ...

Former Illinois Prisoner Pursuing PhD After 27 Years of Incarceration

When Illinois prisoner J. Le’Dell Pippins, 54, defied the odds to gain acceptance into the University of Iowa’s Ph.D. in Criminology program, it proved a key factor in the decision by Gov. J.B. Pritzker (D) to commute Pippins’ 30-year murder sentence in May 2023.

Pippins, who goes by “Dell,” originally ...

$32,000 Settlement for Failure to Provide Insulin to Diabetic Wisconsin Prisoner

In federal court for the Eastern District of Wisconsin on October 6, 2023, state prisoner Carl F. Self stipulated to dismissal of his medical neglect claims against the state Department of Corrections (DOC), after he accepted a $32,000 settlement.

A diabetic, Self was incarcerated at Green Bay Correctional Institution when ...

$7,500 Settlement Reached After Georgia Prisoner’s Retaliation Claim Survives Summary Judgment

Just 10 days after the federal court for the Middle District of Georgia denied them summary judgment on July 31, 2023, officials with the state Department of Corrections (DOC) settled a prisoner’s retaliation claim for $7,500.

The case dates to September 4, 2018, when prisoners staged a peaceful “sit-in” at ...

Autistic Detainee’s Death in Pittsburgh Jail Blamed on “Culture” That Left Him “Punished Instead of Treated”

In a suit filed against Pittsburgh’s Alle­gheny County Jail on October 17, 2023, the survivors of a 57-year-old autistic detainee allege his death in custody was the preventable result of a jail “culture” that left him “punished instead of treated.” Anthony G. Talotta’s death on September 20, 2022, was also ...

$6,500 Paid to Illinois Prisoner After Denied Records Request

On June 20, 2023, the Illinois Department of Corrections (DOC) signed an agreement paying state prisoner Jared M. Staake $6,500 to settle his claims over denied public records requested under the state Freedom of Information Act (FOIA), 5 ILCS 140/1, et seq.

In 2014, Staake, then 22, was incarcerated by ...

HIV and Incarcerated People: The Good, the Bad, and the Ugly

by Douglas Ankney

In June 2023, Prison Policy Initiative (PPI) reviewed data from the federal Bureau of Justice Statistics on HIV and people in America’s prisons, finding that infection rates for the virus—which has no cure—remain stubbornly higher behind bars, running three times the overall rate for all those living ...

Two West Virginia Jail Guards Plead Guilty in Detainee Death, Six More Charged

Six guards at West Virginia’s Southern Regional Jail were charged on November 30, 2023, in the fatal beating of pretrial detainee Quantez Burks, 27, less than a month after two fellow guards pleaded guilty to federal civil rights charges in his death.

Burks had been held just one day on ...

$125,000 Settlement for Wisconsin Prisoner’s Claim That Guards Set Him Up For Stabbing

Escaped Idaho Prisoner Recaptured, Three Accomplices Charged

A two-day manhunt ended on March 21, 2024, with the capture of escaped Idaho prisoner Skylar Meade, 31. Three alleged accomplices have also been arrested, including fellow Aryan Knights gang member Nicholas Umphenour, 28, who was held before his January 2024 release with Meade at Idaho Maximum Security Institution.

Meade ...

Class-Action Challenge to Medical Care at Tennessee Jail Results in $3.8 Million Settlement

For years, prisoners at the Bradley County jail in Tennessee received poor medical care or none at all. Former prisoner Darrell Eden, who was denied treatment for pre-arrest injuries sustained during a car accident, including seven broken ribs, filed a class-action lawsuit in 2018 challenging inadequate medical treatment under the ...

Prisoner-on-Prisoner Violence at California Prison Leaves One Dead, Another Stabbed

One California prisoner was killed, another wounded and three others charged in two separate prisoner-on-prisoner assaults—one of them fatal—at Kern Valley State Prison, most recently on October 6, 2023.

That’s when the state Department of Corrections and Rehabilitation (CDCR) said that prisoner Richard A. Aguirre, 46, died after sustaining “multiple ...

Eighth Circuit Says Lower Court “Tilted the Scales Too Far” for Jailers in Missouri Detainee’s Fatal Overdose

by David M. Reutter

On October 19, 2023, the U.S. Court of Appeals for the Eighth Circuit reversed denial of qualified immunity (QI) to officials at St. Louis’ “Workhouse” jail in a suit over a detainee’s fatal overdose, finding the lower court “tilted the scales too far in the plaintiff’s ...

Arizona Sheriff Accused of Misusing Detainee Funds to Buy Guns, Ammo

Since Mark Lamb became Sheriff of Arizona’s Pinal County in 2017, at least $217,000 from a jail commissary fund intended for the benefit of detainees has been diverted to buy weaponry and ammunition, in apparent violation of state law. But at a public hearing on October 18, 2023, Lamb insisted ...

Three Texas Prison Guards Among 13 Charged in Sprawling Smuggling Scheme

On December 19, 2023, the U.S. Attorney for the Western District of Texas provided details about a sealed indictment filed in federal court there the previous month, naming three defendants accused of abusing their positions as prison guards with the state Department of Criminal Justice (TDCJ) in a smuggling scheme. ...

Fourth Circuit Moves North Carolina Prisons Closer to Recognizing Nation of Gods and Earths

by Matt Clarke

On December 13, 2023, the U.S. Court of Appeals for the Fourth Circuit held that a group of North Carolina prisoners can be treated like adherents of a religion even if the group denies the “religion” label. The case is one of three in which the state ...

Washington Superior Court Says Jail Cannot Bill Poor Detainees for Medical Care

by Douglas Ankney

On April 17, 2023, Judge Kevin S. Naught of Washington’s Yakima County Superior Court ruled that Kittitas County Corrections Center (KCCC) was in violation of state law when it held detainees responsible for repaying the costs of their medical care while confined without a judicial determination of ...

Alabama Denied Summary Judgment in Prisoner’s Suit Over Knifepoint Rape

by Matthew T. Clarke

On August 22, 2023, the federal court for the Middle District of Alabama declined to dismiss all but a few claims against officials with the state Department of Corrections (DOC) that were made by a prisoner who was abducted at knifepoint, repeatedly sexually assaulted and held ...

Fourth Circuit Reinstates HRDC’s RICO Claim Against Securus and ViaPath

On June 4, 2023, a request for a rehearing en banc before the entire U.S. Court of Appeals for the Fourth Circuit was denied in a suit accusing prison telecom providers Securus Technologies and Global Tel*Link (GTL)—now known as ViaPath Technologies—of illegal price-fixing. That left to stand the Court’s earlier ...

Ninth Circuit Refunds Filing Fee to “Struck-Out” California Prisoner Denied Indigent Status Under PLRA

by Matt Clarke

On October 11, 2023, the U.S. Court of Appeals for the Ninth Circuit determined it was illegal to collect court filing fees from a prisoner denied indigent status to proceed in forma pauperis (IFP) unless he decides to go forward and pay them on his own. Once ...

Pennsylvania Jail Warden Fired, Deputy Warden Resigns After Guard Assaults Detainee

Warden Dave Gallagher of Pennsylvania’s Clearfield County Jail was fired and escorted off the job on December 7, 2023, just over a month after Deputy Warden Eric Bush resigned on October 28, 2023. Their departures follow an alleged assault on an unnamed and handcuffed 65-year-old detainee by a jail guard ...

Was There a Plot to Discredit Former Missouri Sheriff Investigating Corruption?

by Douglas Ankney

Jeff Burkett resigned as Sheriff of Missouri’s Iron County on January 31, 2024, saying if he stayed to defend a civil suit filed to remove him from office, his testimony might undermine his defense to pending criminal charges.

As PLN reported, the now-former Sheriff was arrested in ...

The Graying of American Prisons

The term “geriatric” can apply to a prisoner as young as 50 in some prison systems, and it describes the fastest-growing segment of the U.S. incarcerated population. As Prison Policy Initiative (PPI) reported on August 2, 2023, the number has quintupled over the past 30 years, totaling 186,000 prisoners 55 ...

Regarding Death Penalty, Biden’s Actions Don’t Align with His Mouth

by Douglas Ankney

In an 1829 letter, Pres. Andrew Jackson (D) told the Creek Nation of Indigenous Americans that he was speaking “straight, and not with a forked tongue” when he promised those who evacuated from Alabama would enjoy new lands in Mississippi “forever.” Almost two centuries later, another Democratic ...

$10 Million Reimbursed for Vacated Washington Drug Possession Convictions

by David M. Reutter

In September 2023, just two months into a program to rebate fines and fees for vacated drug convictions, Washington state courts had paid out more than $9.4 million. That’s nearly 20% of a $50 million fund created by state lawmakers after the state Supreme Court found ...

“Third Time Is Not the Charm” For Texas Jailers Barred by PLRA from Enforcing Prior Settlement Agreement Against Prisoner in New Suit

by Matt Clarke

On January 12, 2024, the federal court for the Western District of Texas refused a motion by Williamson County Correctional Facility (WCCF) officials, which argued for dismissal of claims by former detainee Rodney A. Hurdsman, 55, that jailers recorded his privileged calls with his attorney and shared ...

Migrants at New Mexico CoreCivic ICE Detention Center Forced to Clean Up Sewage with Bare Hands

by Douglas Ankney

When raw sewage flooded two cell blocks at New Mexico’s Torrance County Detention Facility (TCDF) on November 14, 2023, guards working for its private operator, CoreCivic, ordered some 40 affected migrant detainees being held for federal Immigration and Customs Enforcement (ICE) to clean it up—and gave the ...

Wyoming Supreme Court Grants Immunity to DOC in Prison COVID-19 Vaccine Mix-Up

by David M. Reutter

On October 26, 2023, the Supreme Court of Wyoming held that the federal Public Readiness and Emergency Preparedness (PREP) Act shielded the state from liability in a lawsuit alleging a nurse negligently injected three prisoners with a COVID-19 vaccine other than the one listed on the ...

FTC Orders GTL/ViaPath to Help 650,000 Customers Whose Info Was Stolen, Posted on Dark Web

by Douglas Ankney

On February 24, 2024, the Federal Trade Commission (FTC) issued its final order requiring prison calling-service provider Global Tel*Link (GTL) “to change its security practices and offer free credit monitoring and identity protection” to some 650,000 customers whose personal information was stolen and made available on the ...

Three-Year Sentence for One of Four BOP Employees Charged With Ignoring Fatally Ill Federal Prisoner in Virginia

On November 28, 2023, a federal judge in Virginia sentenced a former lieutenant with the federal Bureau of Prisons (BOP) to a three-year term for failing to intervene in a prisoner’s preventable death at the Federal Correctional Institution in Petersburg.

As PLN reported, Michael Anderson, 52, pleaded guilty on July ...

“There you go, Agent Orange!” Former South Carolina Sheriff Federally Indicted for Assaulting Jail Detainee

by Ed Lyon

Charles B. Lemon, the former Sheriff of South Carolina’s Marlboro County, pleaded not guilty on February 6, 2024, to federal civil rights charges laid out in an indictment unsealed two weeks earlier. Lemon and former Deputy Dep. David A. Cook were both accused in a brutal assault ...

Dismissal Affirmed of Florida Prisoner’s Claim for Exposure to Human Waste

by David M. Reutter

On December 11, 2023, the Supreme Court of the U.S. declined to issue a writ of certiorari to hear a Florida prisoner’s appeal to a decision by the U.S. Court of Appeals for the Eleventh Circuit, finding no constitutional violation by exposure to urine and feces ...

Qualified Immunity Denied to Former New Mexico Warden in Prisoner’s Sexual Abuse Claim

On October 6, 2023, the federal court for the District of New Mexico stood fast in its refusal to grant qualified immunity (QI) to a defendant warden with the state Corrections Department (NMCD) in a prisoner’s suit alleging sexual abuse by a guard.

Dawn Green was incarcerated at Springer Correctional ...

HRDC Wins Summary Judgment in North Carolina Prison Censorship Case

On March 27, 2024, the U.S. District Court for the Eastern District of North Carolina granted in part and denied in part the Human Rights Defense Center’s (HRDC) motion for summary judgment in a civil rights action it filed against the North Carolina Department of Adult Correction (DAC) and several ...

Pennsylvania Detainee Found Four Months After Jail Escape, Five Guards Fired

Almost four months after escaping Blair County Prison, jail detainee Isaiah Tilghman, 33, was arrested on March 22, 2024, while headed into a Planet Fitness gym near Philadelphia, over 200 miles from the western Pennsylvania lockup he fled on December 3, 2023.

Meeting on March 12, 2024, Blair County commissioners ...

San Diego Jury Deadlocks on Charges Against Jail Doctor in Detainee’s Death, Nurse Acquitted

On February 11, 2024, a San Diego jury deadlocked on involuntary manslaughter charges against Dr. Friederike Von Lintig over a 2019 death at the county’s Las Colinas Detention Facility. Nurse Danalee Pascua, 38, was acquitted of the same charge in the incident.

As PLN reported, both were accused in the ...

BOP Guards Plead Guilty in Smuggling Ring at Closed Manhattan Lockup

On October 10, 2023, a former federal Bureau of Prisons (BOP) guard at the now-shuttered Metropolitan Correctional Center (MCC) in Manhattan was sentenced for her role in a contraband-smuggling conspiracy. Prosecutors had already gotten guilty pleas from three former co-workers at the lockup, which was shut down due to deteriorating ...

Legal Noose Tightens Around Necks of CDCR Officials Whose Botched Transfer Sparked San Quentin COVID-19 Outbreak

by Douglas Ankney

On October 13, 2023, the U.S. Court of Appeals for the Ninth Circuit affirmed a lower court’s denial of qualified immunity (QI) to officials with the California Department of Corrections and Rehabilitation (CDCR) in two suits filed over a botched prisoner transfer during the COVID-19 pandemic that ...

Virginia Supreme Court Denies New Sentence Credits to State Prisoner Serving “Mixed” Sentence

by Douglas Ankney

To paraphrase Job 1:21, the Supreme Court of Virginia did not giveth but taketh away on October 12, 2023, with a ruling on prisoner sentence credits that were extended by a 2020 law only to have a budget amendment make hash of them two years later.

Before ...

Ohio Supreme Court Orders Records Produced for State Prisoner

by David M. Reutter

On November 7, 2023, the Supreme Court of Ohio rebuffed a request from the office of state Attorney General Dave Yost (R) to reconsider a grant of a state prisoner’s mandamus action. That left to stand the Court’s earlier order issued on August 31, 2023, requiring ...

Massachusetts Makes Calls Free From Prisons and Jails

Massachusetts Gov. Maura Healey (D) signed H. 1796 on November 15, 2023, making hers the fifth state in the nation to eliminate fees for prison and jail phone calls. When the law took effect on December 1, 2023, the state joined Connecticut, California, Minnesota and Colorado in providing no-cost communications for ...

$25.2 Million Settlement for Two Connecticut Prisoners Exonerated After 35 Years

by David M. Reutter

A unanimous vote by Connecticut’s House Committee on Judiciary on March 1, 2024, all but assured state lawmakers would approve an agreement made in August 2023 by state Attorney General William Tong (D) to pay a total of $25.2 million to Ralph “Ricky” Birch, 67, and ...

Seventh Circuit Lets Illinois Prisoner Proceed In Forma Pauperis, Despite Trust Account Balance Exceeding Filing Fee

by Douglas Ankney

On October 10, 2023, the U.S. Court of Appeals for the Seventh Circuit issued an opinion offering guidance to judges deciding whether to grant a prisoner’s motions to waive court filing fees and proceed in forma pauperis (IFP) on appeal.

Illinois prisoner Jordan Whitaker sought to waive ...

Eighth Circuit Upholds Key Parts of Missouri Parole Reform

On October 5, 2023, the U.S. Court of Appeals for the Eighth Circuit affirmed key parts of a lower court’s ruling instructing the Missouri Department of Corrections (DOC) to revise its system for revoking parole in order to protect prisoners’ due-process rights.

In 2017, several Missouri parolees filed suit challenging ...

BOP Rolls Out Veterans-Only Housing at Federal Prison in Texas

In an article published by the Vanguard at Berkeley on October 15, 2023, a new program was reported at the Federal Correctional Institution in Seagoville, Texas: A dorm exclusively for prisoners who are veterans of the U.S. military.

Federal prisoner Randall Morris, 57, said the program was announced in April ...

Second Circuit Grants New York Officials Qualified Immunity for Prisoner’s Stolen Sentence Credits

by David M. Reutter

On October 12, 2023, the U.S. Court of Appeals for the Second Circuit affirmed the grant of summary judgment to Defendant officials with New York’s Department of Corrections and Community Supervision (DOCCS) in a state prisoner’s civil rights action. The Court recognized that Steven Bangs had ...

BOP Shrugs Off Month-Long Leavenworth Lockdown

Promising a “return to normal operations status as soon as possible” at the U.S. Penitentiary in Leavenworth, Kansas, the federal Bureau of Prisons insisted on March 28, 2024, that the 1,837 prisoners held there still have access to food, water and medical care since “modified operations” began four weeks earlier. ...

$15,000 to Virginia Prisoner Mauled by DOC K-9

by Matthew T. Clarke

On December 14, 2023, the state of Virginia confirmed that it had agreed to pay $15,000 to settle a state prisoner’s lawsuit alleging retaliation and excessive use of force by officials with the state Department of Corrections (DOC) who deployed a K-9 dog that bit and ...

California Law Extends Involuntary Commitment and Detention to Substance Abusers

For years, California has struggled with a growing homeless population, reaching 171,000 in late 2023. Though that’s less than one-half of 1% of state residents, lawmakers responded with reforms to the state’s mental health system in SB 43, which Gov. Gavin Newsom (D) signed into law on October 10, 2023. ...

“Sugar Daddy” Pennsylvania Constable Accused of Recruiting “Sugar Babies” at Jail

Perhaps Timothy Raye “Timbo” Heefner was confused over his role in life. On one hand he was an elected Pennsylvania State Constable—part of the law enforcement community. He was also a self-described pimp and “sugar daddy,” and according to criminal charges filed against him in Franklin County on September 19, ...

West Virginia Supreme Court Orders Prison Officials to Develop Good-Time Credit Policy

by David M. Reutter

On October 16, 2023, the Supreme Court of Appeals of West Virginia reversed denial of mandamus relief to a prisoner and compelled the Commissioner of the state Division of Corrections and Rehabilitation (DCR) to “develop a policy directive and/or operational procedure that is in compliance” with ...

North Carolinian Left in Jail Awaiting Trial for 11 Years

On December 14, 2023, over a decade of pre-trial detention finally came to an end for a Charlotte murder suspect. Devalos Perkins, 37, pleaded guilty in Mecklenburg County District Court to voluntary manslaughter in the 2005 slaying of Justin Ervin—almost 11 years after his 2012 arrest for the crime.

It ...

Sentencing Project Proposes Remedies for Racial Disparities Behind Bars

In a report published on October 11, 2023, the nonprofit Sentencing Project noted that the lifetime risk of incarceration for Black men in the U.S. fell from one in three in 1981 to one in five in 2021. However, all races benefitted from the decline in total U.S. incarceration from ...

Ninth Circuit Affirms Class Action Consent Decree at California’s Alameda County Jail

by David M. Reutter

On October 6, 2023, the U.S. Court of Appeals for the Ninth Circuit affirmed a consent decree in a class-action lawsuit filed over solitary confinement of mentally ill detainees at the Santa Rita Jail in Alameda County, California.

As PLN reported, the suit accused jailers of ...

Fired Alabama Guard Reinstated Despite Excessive Force Used on Prisoner Who Died

by David M. Reutter

On October 24, 2023, the Alabama Personnel Board (APB) reinstated Capt. Timothy McCorvey, a guard dismissed by the warden at Ventress Correctional Facility in 2023 for using excessive force against a prisoner who later died of blunt force trauma.

Around 2:20 a.m. on January 21, 2023, ...

News in Brief

Alabama: Kilby Correctional Facility (CF) guard Mario Grant resigned from the state Department of Corrections (DOC) after his arrest on February 27, 2024, for allegedly taking bribes by CashApp to smuggle drugs to an unnamed prisoner between July and September 2023. WSFA in Montgomery reported that his wife, Carole ...