Prison Law Blog

Sara Mayeux

Posts Tagged ‘prison

Georgia Prison Guards Settle Lawsuit over Alleged Beatings for $93,000

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Georgia prison guards accused of beating four inmates have agreed to pay $93,000 to settle a federal lawsuit over the allegations. The Chattanooga Times Free-Press reports:

“We think this recognizes that there is a problem with excessive force at Hays State Prison,” said Atteeyah Hollie, an attorney for the Southern Center for Human Rights.

The Atlanta-based human rights group filed the civil lawsuit in July in federal court in Rome, Ga., on behalf of four inmates. The inmates claim they were beaten when officers responded to a fight in a nearby prison cell in August 2010.


Georgia Department of Corrections officials said they were reviewing questions from the Times Free Press about the suit, but didn’t have a response by Friday afternoon.

This is the second time the human rights group has sued the maximum security prison in Trion, Ga., alleging excessive force. A suit was settled in 1997 on behalf of 14 men who claimed they were beaten without reason.

More on the settlement here, from the Atlanta-based Southern Center for Human Rights.

A Problematic Article on Prison Reform in n+1 Magazine

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n+1 magazine has this article arguing for prison abolition, by Christopher Glazek. For all the statistics it recites, it doesn’t explicitly grapple with any of the leading experts on the topics of crime, punishment, and mass incarceration or discuss their research; nor does it (on my reading) accurately describe the recent state-level reforms with which I’m most familiar (those in California), which leads me to wonder whether its other sections are accurate. To take the section in which Glazek discusses California, point-by-point:  Read the rest of this entry »

Written by sara

January 26, 2012 at 11:25 pm

Federal Judge Will Lift Receivership Over California Prisons

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After six years in federal receivership, the California prison system is ready to be returned to state management, says federal judge Thelton Henderson. The San Francisco Chronicle explains:

When U.S. District Judge Thelton Henderson of San Francisco appointed a receiver in February 2006 to oversee inmates’ medical treatment, he said the lack of adequate care was killing an average of one prisoner a week, and state officials had shown themselves incapable of complying with constitutional standards, including the ban on cruel and unusual punishment.

On Tuesday, Henderson said the latest report from receiver Clark Kelso showed “significant progress,” to the point that many of the goals have been accomplished. “The end of the receivership,” the judge said, “appears to be in sight.”

It’s not over yet, though. Henderson told lawyers for state prison officials and the inmates to meet with Kelso and try to agree on when the state will be ready to run its own system, under continued monitoring — by Kelso or someone else — to prevent backsliding. Their report is due by April 30.

In the meantime, the prison population continues to shrink, a development closely linked to two decades of health care litigation.

Donald Spector, who heads the Prison Law Office, which has been litigating the California prison cases for 20+ years, told the Los Angeles Times that he’s worried the state may backslide after the receivership is lifted, given the state’s ongoing fiscal crisis. California Healthline has a helpful backgrounder on the issue.

 

New Book: “From Black Power to Prison Power”

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Here’s a new book likely of interest to readers of this blog (h/t: Al Brophy at the Faculty Lounge): From Black Power to Prison Power, by Donald F. Tibbs (Macmillan, 2012):

This book uses the landmark case Jones v. North Carolina Prisoners’ Labor Union to examine the strategies of prison inmates using race and radicalism to inspire the formation of an inmate labor union. It thus rekindles the debate over the triumphs and troubles associated with the use of Black Power as a platform for influencing legal policy and effecting change for inmates. While the ideology of the prison rights movement was complex, it rested on the underlying principle that the right to organize, and engage in political dissidence, was not only a First Amendment right guaranteed to free blacks, but one that should be explicitly guaranteed to captive blacks—a point too often overlooked in previous analyses. Ultimately, this seminal case study not only illuminates the history of Black Power but that of the broader prisoners’ rights movement as well.

Prisoners’ rights to unionize last came up on this blog during the Georgia prison strike (?) of 2010. You can read the full Jones opinion here.

Supreme Court Blocks Federal Lawsuit against Private Prison Employees

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Earlier this week the Supreme Court threw out a federal prisoner’s federal lawsuit against employees of the GEO Group, saying the inmate should have pursued his claims in state court. (Which he’s now missed the deadline to do.) As Jess Bravin explains:

Under high-court precedents, inmates in federal institutions can file federal lawsuits against prison employees for mistreatment that violates the Eighth Amendment prohibition of “cruel and unusual punishments.”

By an 8-1 vote, however, the court refused to extend that right to inmates held in private prisons operated under contract to the U.S. government. In an opinion by Justice Stephen Breyer, the court observed that in contrast to federal employees, whom prisoners generally can’t sue in state court, employees of the private company enjoy no such immunity.

The AP has these details about the suit:

[Inmate Richard Lee] Pollard wanted to sue for his treatment after he fell and fractured both of his elbows at the privately run Taft Correctional Institution in Taft, Calif.

Pollard said GEO officials put him in a metal restraint that caused him pain, and refused to provide him with a splint, making his injuries worse and causing permanent impairment. He sued in federal court for money, claiming GEO officials had violated the Eighth Amendment prohibition on cruel and unusual punishment.

Justice Ruth Bader Ginsburg was the sole dissenter, writing, “Were Pollard incarcerated in a federal- or state-operated facility, she would have a federal remedy for the Eighth Amendment violation he alleges. I would not deny the same character of relief to Pollard, a prisoner placed by federal contact in a privately operated prison.”

The case is Minneci v. Pollard; you can read the full opinion as well as lots of commentary over at SCOTUSblog.

Prison Rape: Myths and Realities

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USC law professor Kim Shayo Buchanan has a (relatively) recent article about sexual violence behind bars, which you can download here. UC-Davis law professor Angela P. Harris calls the article “a tour de force of critical legal theory.” Here’s Harris discussing Buchanan’s findings, over at Jotwell:

Buchanan’s observations about the taken-for-grantedness of sexual violence in prison and the seeming complacency about it in the outside world eerily recall a time when women who were raped would routinely be blamed for dressing too provocatively. Her analysis of how male victims of sexual violence are similarly ignored, disbelieved, held responsible, or told that it must have been consensual clearly draws on second-wave feminist analysis. Buchanan also draws on this analysis when she shows how the world of prisons and jails is as effectively shielded from legal scrutiny as was the home in an earlier era. Then, as now, the creation of a “private” sphere free from legal intervention made room for an informal order patrolled by patriarchal violence.

Finally, Buchanan’s article is about a racialized sex/gender panic on the part of white men that crystallizes in the joke I repeated at the beginning of this review (and hundreds of variations scattered throughout popular culture). In her fascinating cultural history, Manliness and Civilization, Gail Bederman suggests that the male fantasy of vulnerability to rape by a “big black dude” may have its roots in the late nineteenth century, when white male masculinity entered a period of crisis from which it has never fully emerged. Buchanan demonstrates that the fantasy persists as a “myth” about prison rape – the belief held by experts as well as laypersons that the perpetrators of prison rape are disproportionately black and the victims disproportionately white. There is no good evidence to believe that prison rape is raced in this way. Yet the fantasy persists.

To learn more about the issue of prison rape, visit the website of Just Detention International.

Written by sara

January 10, 2012 at 11:31 am

Upcoming Event: January 27-28 Symposium on Women and Incarceration at UCLA

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The UCLA Law Review’s upcoming symposium may be of interest to readers in Southern California, and it’s free and open to the public — you just need to pre-register here. Here’s the full description:

Overpoliced and Underprotected: Women, Race, and Criminalization

Recently, mass incarceration has been theorized as a system of racialized social control. This frame, however, often relies on long-standing gender reductionism that posits the primary subject of punishment and criminalization as male. At the same time, the unprecedented growth of female incarceration has spawned a host of gender-sensitive interventions, yet the discourses that are gender-sensitive often marginalize if not entirely erase the distinctive racial dimensions of the punitive turn in public policy. This Symposium will interrogate how criminalization is mediated through various intersections of race, gender and class and will shed light on the dimensions of racialized criminalization that are gendered differently.

Moreover, this symposium will investigate the parallel and reinforcing nature of institutions that prepare certain populations for incarceration and function to exclude them upon their release. In examining various logics of punishment, the discussion will not be limited to formal boundaries of the criminal justice system, nor the processes that govern adjudications of innocence or guilt. Instead, this symposium will interrogate the processes of control that parallel and intersect with the prison system such as the public health, welfare, foster care and education systems. Examining these overlaps reveals the way that systems which are seen as policing race have gender dimensions and those which are seen as embodying gender norms police them along racial lines. Lastly, we will examine the ways in which formalistic examinations of the criminal justice systems and constitutional limitations on state action can obscure these race and gender dynamics. 

The full lineup of panels and panelists is at this link.

Written by sara

January 10, 2012 at 8:55 am

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