News

California Moves Solitary Confinement Laws into the 20th Century

Solitary confinement remains one of the most archaic punishments in the prison arsenal. Given the advances in our understanding of mental illness and penal rehabilitation over the last thirty years, it’s shocking that it has taken as long as it has for California penitentiaries to come to the conclusion that completely isolating a prisoner for

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Commitment to Change College Scholarship for Federal Prisoners

On June 14, 2014, the Law Office of Jeremy Gordon, in conjunction with the national criminal justice reform organization Prisology, announced the latest installment in their Commitment to Change College Scholarship.  This scholarship covers the cost of tuition and books for one federal prisoner to take one course at the regionally accredited Adams State University,

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Lawsuits Filed Over Oregon Jail Death

By Prison Legal News

The mother of a deceased prisoner, has sued jail and hospital officials over the death of her son at the Marion County Jail (MCJ) in Salem, Oregon.

On June 14, 2010, Robert Haws was arrested for several criminal offenses and a probation violation, according to court records. He was held at the MCJ pending trial.

A month later, Haws was playing basketball with other prisoners at 9:30 a.m. During an argument, fellow prisoner Robert Dailey punched Haws in the jaw, knocking him unconscious and causing his head to hit the concrete floor. Dailey and the other prisoners fled.

Guards did not witness the altercation or see Haws lying unconscious on the basketball court. Approximately fifteen minutes later, Dailey and a few other prisoners returned to check on him.

They dragged Haws to the edge of the court and propped him up. He was barely conscious, vomiting and urinating on himself and bleeding from the nose. Unbeknownst to guards, one prisoner made several trips to the laundry room to replace Haws’ bloody clothing.

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A prison cell featuring a metal bunk bed and striped sheets.

PLN Settles Censorship Suit Against Texas County Jail for $175,000

In December 2013, Prison Legal News settled a federal lawsuit against Upshur County, Texas, that alleged unconstitutional censorship when PLN’s publications were rejected by jail officials. The suit, filed in October 2012, named the county, Sheriff Anthony Betterton, and Sheriff’s Lt. Jill McCauley as defendants. According to the complaint, the Upshur County jail’s inmate handbook

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Empty prison cell with metallic furniture including bunk bed, chair, and toilet in a confined space.

PLN Files Censorship Suit Against Nevada DOC

By Prison Legal News On June 27, 2013, Prison Legal News filed suit in U.S. District Court against Nevada Department of Corrections (DOC) Director James G. Cox and other defendants, seeking to enjoin unconstitutional censorship by state prison officials. The lawsuit contends that the Nevada DOC has engaged in “unlawful censorship of books, magazines and

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Prison Watchdog Demands Info On CCA

By CAMERON LANGFORD of Courthouse News

AUSTIN (CN) – Prison Legal News sued the Corrections Corporation of America, the nation’s largest private prison contractor, for records about its contracts in Texas and lawsuits filed against CCA there.

Prison Legal News, a subsidiary of the nonprofit Human Rights Defense Center, sued CCA in Travis County Court.

“Privately operated prisons and jails are notorious for their abhorrent conditions,” Prison Legal News says in its complaint. “Although they perform a government function, they are driven by a profit model that cuts costs for the benefit of shareholders and to the detriment of basic services, security, and oversight. Prison Legal News seeks to enforce its rights under the Public Information Act to investigate details about these facilities in Texas.”

Prison Legal News “publishes a 64-page monthly magazine with cutting-edge review and analysis of prisoner rights, court rulings and prison issues,” the complaint states. “Its circulation is approximately 7,000 hardcopies per month, and includes subscribers in all 50 states and abroad.

“The information offered by Prison Legal News enables prisoners, civil rights advocates, and organizations to protect prisoners’ rights at the grass roots level. It is in a unique position to investigate, document, and publicize the nationwide abuses of a corporation like CCA.

“Prison Legal News has sought and received public records from CCA in others states using those states’ open records laws, including in CCA’s home, Tennessee.”

The nonprofit claims that CCA blew off its March 1 public records request for records about “Contracts between CCA, the state, and local counties and municipalities … Petitions from lawsuits filed against CCA in Texas … Settlements, verdicts, and injunctive orders entered against CCA in Texas.”

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WESD Finalizes $150,000 Settlement for Whistleblower Claim

Written by Queenie Wong Statesman Journal

Nov. 1, 2013 | statesmanjournal.com

A laid off Willamette Education Service District teacher and her lawyer will get $150,000 as part of a settlement to a whistleblower lawsuit filed against the district three years ago.

Former teacher Terri Moore claimed she lost her job because she repeatedly reported safety violations at the high school at Hillcrest Youth Correctional Facility and filed a formal complaint about harassment and bullying by Bill Conlon, the school’s principal.

She filed a lawsuit in Marion County Circuit Court in 2010 asking for as much as $500,000, plus attorney fees and reinstatement as a full-time teacher.

Under the settlement, Moore will get $86,355.75 and the law firm representing her — Lafky and Lafky —will receive $63,644.25.  She won’t be entitled to return as a full-time employee at WESD, but still could work as a substitute teacher, according to the agreement.

WESD’s liability carrier, the Special Districts Association of Oregon, decided to settle the lawsuit because of the costs of going to trial last month. The district’s board chairman Ken Hector said in a statement Friday he understood the carrier’s decision to settle the case. “Choosing to move forward to defend the case at trial would burden WESD with all attorney fees and costs, impacting our general fund,” Hector said. “The ultimate outcome of resolution for this case is best for WESD and the districts we serve.”

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PLN Prevails in Challenge to Postcard-only Policy at Oregon Jail

By Prison Legal News

On April 24, 2013, the U.S. District Court for the District of Oregon held that a postcard-only policy at the Columbia County Jail, which restricted mail sent to and from detainees at the facility to postcards, was unconstitutional. The court therefore permanently prohibited enforcement of the policy – the first time that a jail’s postcard-only policy has been struck down following a trial on the merits.

The ruling, by federal judge Michael H. Simon, was entered in a lawsuit against Columbia County and Sheriff Jeff Dickerson filed by Prison Legal News. PLN sued in January 2012 after Columbia County jail employees rejected PLN’s monthly publication and letters sent to detainees. Further, the jail had failed to provide PLN with notice or an opportunity to appeal the jail’s censorship of its materials. [See: PLN, March 2013, p.50].

The rejection of PLN’s publications and letters was attributed to the jail’s postcard-only policy and a policy or practice that prohibited prisoners from receiving magazines. PLN contended that such policies violated its rights under the First Amendment, and that the lack of notice and opportunity to appeal was a violation of the Fourteenth Amendment.

During the litigation the defendants admitted “that inmates have a First Amendment right to receive magazines and inmates and their correspondents have a Fourteenth Amendment right to procedural due process.” However, the jail defended its postcard-only policy and claimed there was no official policy that banned magazines at the jail.

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Federal Prison Inmate Sues Taco Bell

By Dianne Frazee-Walker Everyone has said at least one time in their lives, “Wow, I wish I would have thought of that!’ Texas maximum security federal inmate Gary Cole claims he did think of that. Visualize inventing a snack that tastes “out of this world,” and it becomes the most popular food item of the

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