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Prison Legal News: October, 2020

Issue PDF
Volume 31, Number 10

In this issue:

  1. The Toughest Love (p 1)
  2. From the Editor (p 14)
  3. $400,000 Settlement in Lawsuit over Kentucky Prisoner’s Starvation Death (p 15)
  4. Why Did 77 Ohio Prisoners Die of COVID-19, but Just 10 in Pennsylvania? (p 16)
  5. New York Jail Accused of Discrimination by Female Prisoners (p 20)
  6. BOP Inspector General Rips State for Failure to Control COVID-19 at Lompoc in California (p 20)
  7. Dark Web Creator Petitions President Trump for Clemency (p 21)
  8. Growing Need to Protect Attorney-Client Emails (p 22)
  9. Prison Postcard: Life in the Time of COVID, Correctional Center, Virginia (p 22)
  10. New York Governor Cuomo Creates Prison Nursing Home During Pandemic (p 24)
  11. GEO Group and CoreCivic Lose Critical Financial Support (p 24)
  12. Danish Funds Invest In American Private Prisons (p 26)
  13. $12.5 Million Settlement for Oklahoma Prisoner’s In-Custody Death Riled Sheriff’s Race (p 26)
  14. Philadelphia Jails to Release Prisoners Earlier in the Day (p 27)
  15. Wisconsin Supreme Court Reverses “Dangerousness” Finding in Involuntary Commitment of Schizophrenic Man (p 28)
  16. Michigan Settles Sex Abuse Claims by 1,300 Former Juvenile Offenders Housed With Adults for $80 Million (p 28)
  17. Report: New Jersey Women’s Prison Promoted Culture of Abuse (p 30)
  18. Missouri Downsizing Prisons to Save Cash (p 30)
  19. Trump v. Biden on Criminal Justice (p 32)
  20. Alaska Supreme Court Upholds Dismissal of Delusional Prisoner’s Medical Malpractice Claim (p 36)
  21. $300,000 a Year Not Enough to Convince Psychiatrists to Work in California Prisons (p 38)
  22. DC Federal Court Enters Partial Preliminary Injunction Against District Jails For COVID-19 Deficiencies (p 38)
  23. Poetry for the Prisoners’ Soul (p 40)
  24. Damage to South Carolina Prisons Shifts Prisoners to Lewisburg, Pennsylvania (p 40)
  25. Offensive Facebook Posts Cost Wisconsin Warden His Job (p 41)
  26. Mother of Decapitated Prisoner Sues California Prison Officials for Housing Her Son with Prisoner Who Tried to Murder Previous Cellmate (p 42)
  27. More Than Half of Chicago’s COVID-19 Cases Linked to Cook County Jail (p 42)
  28. Wisconsin Supreme Court Rules Unconstitutional Statute Authorizing Forcible Medication of Involuntarily Committed Prisoner (p 43)
  29. Wildfires Threaten Prisoners in West, While New California Law Helps Prisoner-Firefighters to Continue Work After Release (p 44)
  30. National Guard Called in to Help Run Indiana State Prisons (p 46)
  31. Eleventh Circuit Reinstates Pay-To-Vote for Florida Felons Who Completed Sentences (p 46)
  32. The Violent Crime Control and Law Enforcement Act of 1994: 25 Years Later, Where Do We Stand? (p 48)
  33. Ford Foundation President’s Support to Replace Rikers With Other Jails Criticized (p 48)
  34. California Judge Reconsiders Six Months’ Jail for Cookie Theft at Rehab Program (p 49)
  35. Conditions at South Carolina Juvenile Facility Unconstitutional (p 50)
  36. How Kamala Harris’ Orange County, California “Snitch” Scandal Investigation Imploded (p 50)
  37. First Wrongful Death Claim Against San Quentin Prison Filed Over COVID-19 Death (p 52)
  38. $420,000 Settlement in Lawsuit Over Opioid Withdrawal Death in Georgia Jail (p 52)
  39. Theft, Lies and Bribes Force California Warden’s Early Retirement, $11,500 Monthly Pension (p 54)
  40. Lawsuit Over Hellish 9-Day Prisoner Transport Reinstated (p 54)
  41. Seventh Circuit Protects Guards Who Allegedly Failed to Protect Wisconsin Prisoner (p 55)
  42. Bloomberg Allies Make $20 Million Push to Help Enfranchise 30,000 Florida Ex-Felons (p 56)
  43. Mental Health and Prison Systems in Major Need of Reform (p 56)
  44. NYC Floating Jail May Finally be Closed (p 57)
  45. Fourth Circuit Holds South Carolina DOC Lawyers Entitled to Qualified Immunity (p 58)
  46. New Study Shows “Tough on Crime” Generation Spent More Time in Prison Despite Falling Crime Rate (p 58)
  47. Beltway Sniper Marries in Prison (p 59)
  48. Prisoners Evacuated but ICE Detainees in Louisiana Suffer During Hurricane Laura (p 60)
  49. Fifth Circuit Reinstates Lawsuit Over Texas Jail Prisoner’s Death (p 60)
  50. News in Brief (p 62)
  51. Fifth Circuit Upholds Dismissal of Texas Jail Suicide Lawsuit, Holds Discrimination Not Proven (p 62)

The Toughest Love

For Nearly 50 Years, the Delancey Street Foundation Has Offered an Alternative to Prison.
But Does the Celebrated Program Really Work?

by Julia Lurie, Mother Jones

The headquarters of the Delancey Street Foundation occupies a piece of prime real estate near the base of San Francisco’s Bay Bridge, tucked between ...

From the Editor

$400,000 Settlement in Lawsuit over Kentucky Prisoner’s Starvation Death

by Matt Clarke

In February 2020, WDRB News revealed a previously undisclosed $400,000 settlement paid by the Kentucky Department of Corrections (DOC) to the family of a state prisoner who starved to death while in segregation at the Kentucky State Penitentiary (KSP).

James Kenneth Embry,57, died of starvation and dehydration ...

Why Did 77 Ohio Prisoners Die of COVID-19, but Just 10 in Pennsylvania?

A look at how overcrowding and poor design contributed to two of the worst national outbreaks

by Cid Standifer and Brie Zeltner, Eye on Ohio, Aug. 21, 2020

This article was provided by Eye on Ohio, the nonprofit, nonpartisan Ohio Center for Journalism. Please join our free mailing list as ...

New York Jail Accused of Discrimination by Female Prisoners

n March 2020, the Oneida County Correctional Facility in New York was accused of discrimination against the women who are housed there. Two months prior to that, all the women were moved from pods that offered the same privileges as men to two wings of a unit ...

BOP Inspector General Rips State for Failure to Control COVID-19 at Lompoc in California

The 36-page, July 23, 2020 report found that continuing ...

Dark Web Creator Petitions President Trump for Clemency

Growing Need to Protect Attorney-Client Emails

“It’s common attorney sense, a bedrock of ...

Prison Postcard: Life in the Time of COVID, Correctional Center, Virginia

New York Governor Cuomo Creates Prison Nursing Home During Pandemic

In June 2020, 96 elderly male prisoners were transferred to ...

GEO Group and CoreCivic Lose Critical Financial Support

Danish Funds Invest In American Private Prisons

A February 18, 2020 story by Danwatch, a Danish investigative website, uncovered three Danish pension funds that had ...

$12.5 Million Settlement for Oklahoma Prisoner’s In-Custody Death Riled Sheriff’s Race

Philadelphia Jails to Release Prisoners Earlier in the Day

Wisconsin Supreme Court Reverses “Dangerousness” Finding in Involuntary Commitment of Schizophrenic Man

Michigan Settles Sex Abuse Claims by 1,300 Former Juvenile Offenders Housed With Adults for $80 Million

On January 29, 2020, the Michigan Department of Corrections (MDOC) agreed to pay $80 million to resolve a class action lawsuit filed by juveniles who were housed in adult facilities where they were allegedly subjected to sexual assault and other harms.

The action consolidated in state ...

Report: New Jersey Women’s Prison Promoted Culture of Abuse

Missouri Downsizing Prisons to Save Cash

Budget director Dan Haug said, ‘‘What they are doing is they are consolidating space within various prisons around the state, closing certain housing ...

Trump v. Biden on Criminal Justice

“If we catch a drug dealer – death penalty.” – President Donald J. Trump, 2018

“Lock the S.O.B.s up.” – Former Senator Joe Biden, 1994

As protests and calls for police reforms continue in response to police shootings of unarmed suspects, both the Republican ...

Alaska Supreme Court Upholds Dismissal of Delusional Prisoner’s Medical Malpractice Claim

Adam Israel had been in custody of the state Department of Corrections (DOC) ...

$300,000 a Year Not Enough to Convince Psychiatrists to Work in California Prisons

Despite an offer of a $300,000 annual salary plus government benefits, the California ...

DC Federal Court Enters Partial Preliminary Injunction Against District Jails For COVID-19 Deficiencies

Poetry for the Prisoners’ Soul

Damage to South Carolina Prisons Shifts Prisoners to Lewisburg, Pennsylvania

Offensive Facebook Posts Cost Wisconsin Warden His Job

Schneiter posted two memes on Facebook last July, which were reported in the Milwaukee Journal Sentinel. One compared ...

Mother of Decapitated Prisoner Sues California Prison Officials for Housing Her Son with Prisoner Who Tried to Murder Previous Cellmate

More Than Half of Chicago’s COVID-19 Cases Linked to Cook County Jail

Wisconsin Supreme Court Rules Unconstitutional Statute Authorizing Forcible Medication of Involuntarily Committed Prisoner

C.S. suffers from schizophrenia. He was convicted of mayhem as a repeat offender and sentenced to ...

Wildfires Threaten Prisoners in West, While New California Law Helps Prisoner-Firefighters to Continue Work After Release

National Guard Called in to Help Run Indiana State Prisons

Back in May 2020, as COVID-19 infected the nation’s prisons, the National Guard ...

Eleventh Circuit Reinstates Pay-To-Vote for Florida Felons Who Completed Sentences

The court’s September 11, 2020, opinion was written by ...

The Violent Crime Control and Law Enforcement Act of 1994: 25 Years Later, Where Do We Stand?

Some 25 years ago, President Bill Clinton signed into law the biggest incendiary device that lit the fire of mass ...

Ford Foundation President’s Support to Replace Rikers With Other Jails Criticized

California Judge Reconsiders Six Months’ Jail for Cookie Theft at Rehab Program

He was ‘‘acclimated in groups, ...

Conditions at South Carolina Juvenile Facility Unconstitutional

by David M. Reutter

The U.S. Department of Justice (DOJ) issued notice on February 5, 2020 that it has found the “totality of the conditions, practices, and incidents” it discovered at Broad River Road Complex (BRRC), South Carolina’s long-term juvenile commitment facility, violated the juveniles’ Fourteenth Amendment rights.

After stating ...

How Kamala Harris’ Orange County, California “Snitch” Scandal Investigation Imploded

by Derek Gilna

Kamala Harris, the Democratic nominee for vice president, has long touted her law enforcement background in winning election to the offices of district attorney, California attorney general, and U.S. senator. But, serious questions have been raised about an investigation her office launched in 2015 regarding corruption in ...

First Wrongful Death Claim Against San Quentin Prison Filed Over COVID-19 Death

by Dale Chappell

The family of one of the prisoners who died of COVID-19 at San Quentin prison in California has filed the first wrongful death claim — a precursor to a lawsuit — against the prison. Papers filed by the family’s lawyers on September 10, 2020, detailed how prison ...

$420,000 Settlement in Lawsuit Over Opioid Withdrawal Death in Georgia Jail

Theft, Lies and Bribes Force California Warden’s Early Retirement, $11,500 Monthly Pension

Joe Lizarraga began working for the California Department of Corrections and Rehabilitation (CDCR) in 1986. He was appointed warden of the Mule Creek State Prison (MCSP) in 2013, where he was ...

Lawsuit Over Hellish 9-Day Prisoner Transport Reinstated

Seventh Circuit Protects Guards Who Allegedly Failed to Protect Wisconsin Prisoner

Bloomberg Allies Make $20 Million Push to Help Enfranchise 30,000 Florida Ex-Felons

Computer scientist Robert Montoye noted in ...

Mental Health and Prison Systems in Major Need of Reform

NYC Floating Jail May Finally be Closed

Fourth Circuit Holds South Carolina DOC Lawyers Entitled to Qualified Immunity

The Court’s August 20, 2020, opinion was issued in an appeal brought by former ...

New Study Shows “Tough on Crime” Generation Spent More Time in Prison Despite Falling Crime Rate

Beltway Sniper Marries in Prison

Prisoners Evacuated but ICE Detainees in Louisiana Suffer During Hurricane Laura

Fifth Circuit Reinstates Lawsuit Over Texas Jail Prisoner’s Death

News in Brief

Alabama: In February 2020, a grand jury in Limestone County, Alabama, returned an indictment for “possession/receipt of a controlled substance” against Travis Wales, a former guard at the Limestone County Correctional Facility in Harvest. According to Columbus, Georgia, TV station WBRL, Wales was arrested in September 2019 after a canine ...

Fifth Circuit Upholds Dismissal of Texas Jail Suicide Lawsuit, Holds Discrimination Not Proven

Danarian Hawkins was 27 in February 2014 when he ...