Chronicling the high cost of our legal system
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“I am at war with America,” says convicted shoe bomber Richard Reid, whose inmate litigation has been enjoying more success than one might expect. Reid has argued that his freedom of religion requires prison officials to permit him access to “group prayers” with co-believers; other jihadists are also housed at the federal prison in Florence, Colorado. Now federal prison authorities are considering moving him to a different facility [Debra Burlingame, Wall Street Journal]
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The Labor government plans a crackdown on “trivial” inmate suits, with Justice minister Jack Straw citing “imaginative” lawyers as a source of problems. Controversial cases have included a £1 million compensation bill to prisoners forced to go cold turkey on narcotics withdrawal instead of being given a heroin substitute, and “one in which a prisoner won a legal battle to have his haircuts paid for by the state while on day release”. [Times Online]
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Oz taxpayers spent more than $A1 million securing the conviction of murder defendant/jailhouse lawyer Hugo Rich, who employed many colorful and wearying tactics in his defense on charges of murdering a security guard during a holdup. [Melbourne Herald-Sun]
Protect “a letter to [a] girlfriend [stating] that a prison officer had sex with a cat” but do not protect mailing a prosecutor “a note written on toilet paper” saying “Dear Susan, Please use this to wipe your ass, that argument was a bunch of shit! You[rs] Truly, George Morgan.” (Morgan v. Quarterman (5th Cir. 2009)). W.C., sending us the case, comments, perhaps only semi-facetiously:
(i) He said “very truly yours.” Maybe he was trying to help her. He was at least sincere.(ii) I wouldn’t mind doing a similar stunt to opposing in a case I have currently. I too would do so from a helpful perspective. Is that so wrong?
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Florida death row inmate William Deparvine has a bona fide law degree, which has helped him keep going in his extensive litigation against the survivors of Richard and Karla Van Dusen. Deparvine was found guilty at trial of killing the Van Dusens for their vintage Chevy pickup, which he claims to have bought. [St. Petersburg Times via Obscure Store, whose headline is quoted above]
San Francisco Chronicle columnist Debra Saunders discusses the large settlement paid by Santa Clara County to the family of Andrew Martinez, who suffered from schizophrenia and became famous as Berkeley’s “Naked Guy” before taking his own life in jail. She quotes me on the terrorizing effect of suing public managers individually and on the way outside direction of public agencies by litigators often (as consent decrees, court orders and legal avoidance layer one atop another) can add up to “management by no one at all.” [Debra Saunders, "A naked million", San Francisco Chronicle, May 24].
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Self-description of @washtenawjail, a Twitter account launched on Saturday: “I spent 5 months in the Washtenaw County Jail in 2008. I had never been in trouble with the law before. Here’s what I experienced – 140 characters at a time.” Washtenaw County is west of Detroit; its largest cities are Ann Arbor and Ypsilanti.
“Prisoners released early under a government scheme to cut jail overcrowding have been paid more than £5m in ‘compensation’ for losing free board and lodging. The figures — disclosed by Jack Straw, the justice secretary, after Tory pressure – have prompted a political row.” [Times Online]
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“Six prisoners in British jails are applying to give sperm to their wives and partners after a landmark European court ruling concluded that their human rights were breached if they were stopped from having children. The inmates, all serving long terms, are basing their applications on claims they will be too old to become fathers once they have finished their sentences.” [The Guardian]
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The release of 25 percent of the state’s prison inmates might prove a tad controversial. [Kerr, Volokh]
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Ex-jailhouse inmate Thomas Goodrich has filed a pro se federal suit against the Delaware Department of Corrections and the former warden of Young Correctional Institute seeking redress for the death of “Freddy,” a valuable parrot. In his complaint, Goodrich alleges that he was held for 12 days on a misdemeanor warrant without being allowed to contact anyone to arrange for Freddy’s feeding. Young seeks damages for the value of the parrot itself, as well as punitive damages against all defendants. It is unknown whether People for the Ethical Treatment of Animals will seek to intervene in the suit, but a PETA representative has expressed strong displeasure over Freddy’s death, suggesting that perhaps jail would be appropriate for officials who allegedly caused the bird’s demise.
While it’s always a good idea to view allegations in lawsuits, particularly pro se suits, with skepticism, Goodrich’s complaint does allege a Kafkaesque ordeal over a minor warrant, in which Goodrich was not allowed to use a telephone, or to contact an attorney, or to contact family members to arrange security of $200. Finally, Goodrich alleges, he was able to get in touch with the outside world when after 10 days some friendly person gave him a postage stamp.
Unfortunately, by that time Freddy was an ex-parrot.
Controversy continues in Britain on a story we’ve covered before: “Three drug addicted prisoners have won more than £11,000 in compensation after a court ruled that forcing them to go cold turkey was a breach of their human rights.” (Murray Wardrop, Daily Telegraph, Dec. 3). Earlier here and here.
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Following a jail riot, Reggie Townsend, serving 23 years in a Wisconsin prison, was put in a segregation unit with “wet, moldy and foul-smelling” bedding which the jailer did not change despite his request. “Though he did not suffer any physical harm from the unsanitary bedding, Townsend was deprived of the ‘minimal civilized measure of life’s necessities,’ the jury decided after deliberating six hours,” and awarded him $295K. (The Smoking Gun, Sept. 19; AP/Milwaukee Journal-Sentinel, Sept. 23).
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Old Master-of-the-Universe habits die hard? According to Law.com’s The Recorder, felonious class-actioneer Bill Lerach “was placed in administrative segregation — locked down for 23 hours a day — after he allegedly offered a corrections officer the use of his San Diego Chargers season tickets, say three people familiar with the situation. Should a formal administrative proceeding go against him, Lerach would likely be forbidden from returning to the [minimum-security Lompoc] camp, and would instead be placed in a higher-security facility. …Offering a staff member anything of value is considered a ‘high category’ offense for an inmate, according to [Bureau of Prisons] guidelines.” (Dan Levine, “Going Gets Rough for Lerach”, The Recorder, Sept. 9).
More: Karen Donovan at Portfolio recalls a Lerach comment about sports sections as currency in prison, perhaps more meaningful in retrospect.
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Point of Law Volokh