Prison Law Blog

Sara Mayeux

Posts Tagged ‘california

Los Angeles County Sued Over Violence, Abuse in Jails

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“Los Angeles County Sheriff Lee Baca and his top commanders condoned a longstanding, widespread pattern of violence by deputies against inmates in the county jails,” said the ACLU yesterday, announcing a federal class-action lawsuit. The named plaintiffs, Alex Rosas and Jonathan Goodwin, claim that they were severely beaten by sheriff’s deputies while they were awaiting trial in the jail.

The ACLU of Southern California has long been litigating L.A. jail conditions and has served as court-appointed monitor of the jail — the nation’s largest — since 1985. The new lawsuit, however, includes new first-hand eyewitness accounts from chaplains and other observers of violence. The ACLU has put together a timeline of alleged incidents of abuse; you can also read the full complaint here.

The L.A. Times reports:

“Like members of street gangs, these deputies sport tattoos to signal their gang membership,” the ACLU alleges. “They beat up inmates to gain prestige among their peers, and ‘earn their ink’ by breaking inmates’ bones.”

In an interview with The Times, a recently retired jails commander also said that deputies had formed cliques inside Men’s Central Jail and that some guards earned respect from veteran members of those cliques by using excessive force.

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.

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

Will Alabama Be Sued Over Prison Overcrowding?

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That’s the dire prediction made in this editorial from the Birmingham News:

Actually, it’s surprising someone hasn’t sued already. We’ve known since May the U.S. Supreme Court’s dim view of California’s overcrowded prisons. The high court ordered California to get rid of 30,000 of the prison system’s 140,000 inmates after inmates’ lawsuits contended the overcrowding violated their rights and kept them from getting needed medical care and other services.

Alabama’s prisons are even more jam-packed than California’s, with our state’s 30,970 inmates exceeding the prisons’ designed capacity by 190 percent, according to state data. California’s prisons were at 175 percent capacity at the time of the Supreme Court ruling. While Alabama’s prison conditions aren’t nearly as bad as California’s, Lauderdale Circuit Court Judge Mike Jones expressed the obvious concern.

“California’s prisons are not as overcrowded as Alabama’s are right now,” Jones told the TimesDaily of Florence in a story published Tuesday in The Birmingham News. “I’m afraid that all it’s going to take is for someone to take some of the California lawsuits and change the names of the defendants to Alabama officials instead of California officials and a group of federal judges is going to order that Alabama reduce a bunch of prisoners to reduce overcrowding.”

The California case referred to is, of course, Brown v. Plata, last year’s Supreme Court decision upholding a federal court order requiring the Golden State to reduce its prison population. At the time, for all its importance as a moral statement, I didn’t think Plata would have much practical effect for other states since no other state has prisons as overcrowded as California’s — no other state, that is, except for Alabama. So, it’s not surprising to me that officials there are worried.

I don’t think Alabama has as much to fear from federal judges as this editorial implies. Read the rest of this entry »

Written by sara

January 5, 2012 at 8:07 am

Downsizing the Prison Population, in California and Beyond

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As we begin 2012, it looks like California is on track to meet its court-ordered benchmarks for reducing the state prison population. KALW/The Informant notes:

The California Department of Corrections and Rehabilitation, readying its January 10 report to the federal court in the Northern District of California, announced it’s currently operating at 169.2 percent of its designed capacity. That number nearly hits the 167-percent figure the court demanded California meet by December 27, 2011.

In actual numbers, that means that the prison population has fallen by about 8,000 inmates since October–and should continue to drop at its current rate of about 900 a week.

The population decline is enabling CDCR to shut down “ugly beds” — the double- and even triple-bunk beds crammed into gymnasiums that became notorious through widely circulated photographs and video footage at the height of California’s overcrowding crisis. (Here are some photos of gyms and day rooms in the process of being converted back to recreational use.) Read the rest of this entry »

Written by sara

January 3, 2012 at 7:25 am

Fearmongering about Realignment in L.A. County

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To follow up on my post about realignment from yesterday, here’s an article from the Los Angeles Times quoting various supervisors predicting doom and gloom:

“It’s a system that’s meant to fail,” [Supervisor Michael] Antonovich said, “and who is it going to fail? Every neighborhood, every community where these people are going to be running around….It’s a Pandora’s box. It’s the bar scene — a violent bar scene that you saw in ‘Star Wars’ — except they’re all crazy and nuts.”

Antonovich said it is likely that Los Angeles County will run out of jail beds unless it “uses other models of supervisions such as electronic monitoring, work furloughs, weekenders and GPS tracking.”

“It’s irresponsible for us to turn around and dump these [prisoners] into our communities with an ankle bracelet and hope they don’t re-offend,” Antonovich said. Without finding a way to increase prison time, Antonovich said, “I believe we’ll have a spike in crime.”  Read the rest of this entry »

String of Lawsuits Isn’t Scaring States Away from Corrections Corp. of America

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Bob Ortega of the Arizona Republic has been reporting an excellent series on the private prison business. This article is a must-read for summarizing the many connections between Arizona local and state officials and the Nashville-based Corrections Corporation of America. Definitely go read the article, and the “Price of Prisons” series it’s part of, in full. For the purposes of this blog, the highlight of the article is the litany of lawsuits that CCA is facing all over the country. Several stem from the Arizona CCA facilities where Hawaii ships a large number of its prisoners. One Hawaii inmate alleges he was forced to give oral sex to a guard at an Arizona CCA prison; 18 Hawaiian inmates say they were stripped, beaten, and threatened by guards in retaliation for a fight; two other Hawaii inmates were killed by other inmates and their families are alleging that prison security was inadequate. Elsewhere around the country, three female inmates claim they were sexually assaulted at a Kentucky CCA facility; after a series of sexual assault cases nationwide, both Kentucky and Hawaii have removed all their female prisoners from CCA institutions. The most notorious CCA lawsuit, though, is the Idaho “Gladiator School” suit, which alleges 13 instances in which CCA officers opened doors to let violent inmates attack other prisoners and did not intervene during the beatings.

Here, as reported by Ortega, is CCA’s response:

Asked about the suits, CCA’s Owen said, “These are allegations that have not yet been proven in a court of law. These are not established facts, and we respond in court, so I’m not at liberty to respond.”

He said that in June, Hawaii awarded CCA a three-year, $136.5 million contract to continue housing that state’s inmates in Arizona.

“That was a competitive-bid process,” Owen said.

CCA was the only bidder.

“There isn’t a corrections system in the country that’s immune to lawsuits or incidents,” Owen said. “Those don’t necessarily tell the whole story. You have to look at our overall track record. . . . Do incidents occur? Yes. Are we responsive when things happen? Do our partners continue to trust and work with us? Yes.”

The article also notes the troubling lack of security at the Arizona private prisons where many California prisoners are transferred. I’ve heard from prisoners who’ve done time in private prisons that they did not feel safe there. Paid a low hourly wage, private prison guards have little incentive to risk physical harm by intervening in violent situations. In addition, Ortega’s article points out that CCA does not perform full background checks on guards or check whether they have relationships with inmates.

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