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Ninth Circuit: Damages Required for Compelled Religious-Based Treatment

By Mark Wilson

The Ninth Circuit Court of Appeals has held that damages are required, as a matter of law, when a parolee is incarcerated for objecting to compelled participation in a religious-based drug treatment program.

Citing “uncommonly well-settled case law,” the Court of Appeals found in 2007 that the First Amendment is violated when the state coerces an individual to attend a religious-based substance abuse program. See: Inouyev.Kemna, 504 F.3d 705 (9th Cir. 2007).

The California Department of Corrections and Rehabilitation (CDCR) contracts with Westcare, a private entity, to provide drug and alcohol treatment for parolees in Northern California. Westcare, in turn, contracts with Empire Recovery Center, a non-profit facility. “Empire uses a 12-step recovery program, developed by Alcoholics Anonymous and Narcotics Anonymous, that includes references to ‘God’ and to ‘higher power.’”

Barry A. Hazle, Jr., an atheist, was incarcerated due to California drug convictions. His parole conditions required him to complete a 90-day residential drug treatment program.

Prior to his February 26, 2007 release from prison, Hazle had asked prison and Westcare officials to place him in a non-religious treatment program. Westcare officials directed Hazle to Empire.

When Hazle realized Empire was a religious-based program, he repeatedly objected to Westcare officials. They responded “that the only alternative to Empire was a treatment facility whose program had an even greater focus on religion.”

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Famous Prisoners: Where Are They Now?

By Dianne Frazee-Walker

Where are the legends who were seen indulging in gourmet entrees and sipping fine wines at the trendiest restaurants, but are now waiting in chow lines to dine?  Where is former billionaire Raj Rajaratnam, who swapped illegal stock trading for commissary stamp trading?

Ja Rule, the famous rapper, caught for not filing his income taxes ended-up filing for parole.

The only three piece suits these former dignitaries wear now are composed of handcuffs, leg irons, and waist chains.   

From Wall Street to movie sets and recording studios, many renowned people have gone from a posh to prison. Other notables have become renowned for the crime that landed them behind bars. 

Phil Spector 

Remember the haggard pouty-lipped Phil Spector, the rock star who produced such hits as “Da Doo Ron Ron,” and “You’ve Lost that Lovin’ Feeling?” Well, he must of lost that “loving feeling” when he was convicted of killing 40-year-old actress, Lana Clarkson. Spector allegedly shot his date after a night of drinking. 

Inducted into Rock and Roll Hall of Fame in 1989, Spector was later inducted into the California Substance Abuse Treatment Facility and State Prison, Corcoran, Calif. in 2009 for 19-years to life. When Mr. Spector is eligible for parole he will be 88-years-old. 

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Eighth Circuit: No Qualified Immunity for Detainee’s Overdose Death

By Mark Wilson

The Eighth Circuit Court of Appeals held on September 20, 2013 that an Arkansas jail guard was not entitled to qualified immunity for his deliberate indifference to a detainee’s serious medical condition which resulted in the detainee’s death.

On December 18, 2008, Saline County deputy sheriff Stephen Furr arrested Johnny Dale Thompson, Jr. During the arrest, Deputy Furr discovered an empty Xanax bottle that indicated it had been filled with 60 pills two days earlier. Thompson, who was slurring his words, admitted to taking medication and slept in the patrol car, but was easily awakened at the jail.

Jail guard Ulenzen C. King conducted Thompson’s booking process. King noted that Thompson appeared intoxicated; he asked to sit down but nearly fell out of the chair. He was unable to sign his name and “couldn’t even answer questions that Officer King was asking him.” King wrote “Too Intox to Sign” on the booking sheet.

Sometime after Thompson was placed in a cell at 7:42 p.m., another detainee alerted King that Thompson needed help, but King did nothing.

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Prison Taught Me to Teach

By Petride Mudoola / NewVision One of my favorite things to do when I meet an inmate for the first time is to ask: “What is your story?” Asking that question in a jail setting usually results in a non-trusting glare from the inmate. However, when I further define the question by letting the inmate

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International Men's Day Invitation

By Jerome Teelucksingh I want to invite all members to observe International Men’s Day on 19 November 2014. International Men’s Day continues to cross geographical, political, cultural, and language barriers and was celebrated by boys, girls, men, and women of different ethnicities, ages, religions, and classes.  The theme for 2014 is   “Working Together For Men

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Break the Prison to Poverty Pipeline

By Clio Chang / USNews.com The New York City Department of Corrections has decided to eliminate solitary confinement for inmates aged 16 and 17 by the end of the year. This resolution is a response to public criticism of abusive conditions at Rikers Island, which houses more than 12,000 of the city’s inmates. The jail

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Using Education to Stop the Prison-Revolving Door

By Lois Davis / AL.com According to the Department of Justice, in 2012, Alabama had the third-highest imprisonment rate in the United States, trailing only Louisiana and Mississippi. A fierce debate has erupted over what to do to reduce overcrowding in Alabama prisons at a time when the state’s budget is tighter than ever. The possibility

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The Prison Problem

One of the best videos about the problem of mass incarceration in the United States.  Being tough on crime is not the same as being tough on criminals.  Mass incarceration is a waste of money and a waste of people.

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