Posts Tagged ‘prisoners’

Police and prosecution roundup

  • Mark your calendar: December 1 Cato hosts a policing conference in Washington, D.C.;
  • “Note: DOJ thinks flying from Chicago to Los Angeles is suspicious.” Well, no wonder they did a forfeiture then! [@bradheath]
  • Mississippi voters on Tuesday returned longtime Attorney General Jim Hood to office by 56-44 margin [Radley Balko; Jackson Clarion-Ledger; earlier Balko on Hood’s spotted record as prosecutor]
  • “No! Mine is more unconstitutional!” Police and council in Charlotte, N.C. mull “whether to create ‘public safety zones,’ city areas where people with past arrests would be prohibited from entering.”‘ [Charlotte Observer]
  • Harvard lawprof Jeannie Suk on the St. Paul’s sexual assault case and the rapidly changing definition of rape [Jeannie Suk, New Yorker]
  • Prison “pay to stay” charges can far exceed any reasonable ability to pay, and few outside the world of ex-offenders “even know it’s happening” [Scott Greenfield]
  • “Was it a turf war gone mad? Or a botched police response?” [Nathaniel Penn, GQ, on the Waco biker gang shoot-out, earlier here, here, here]

Discrimination law roundup

  • “Requiring Employees to Return 100% Healed Costs Trucking Firm $300K in EEOC Suit” [Thompson’s HR Compliance Expert]
  • Update: Oregon appeals court upholds $400,000 fine judgment against Portland owner who asked transgender club to stop holding meetings at his nightclub [Oregonian, earlier]
  • Fire Department of New York commissioner: yes, we lowered fitness bar so more women could join the force [Matthew Hennessey/City Journal, my take in The Excuse Factory back when]
  • From May: “Oversight of the Equal Employment Opportunity Commission: Examining EEOC’s Enforcement and Litigation Programs” [Senate HELP committee via Workplace Prof]
  • Lengthy HUD battle: 2nd Circuit notes “no finding, at any point, that Westchester actually engaged in housing discrimination” [WSJ editorial, earlier here and here]
  • In 1992 Delaware settled an employment discrimination lawsuit by agreeing to assign prison guards “without regard to the gender of prisoners….A disaster ensued.” [Scott Greenfield on Cris Barrish, Wilmington News-Journal coverage]
  • NYC council speaker pushing “very bad bill to extend special employment protections to caregivers” [N.Y. Daily News editorial]

“Think it’s hard to fire a bad teacher? Try a bad corrections officer”

“Since 2010, the state [of New York] has sought to fire 30 prison guards accused of abusing inmates through a convoluted arbitration process that is required under the union contract. Officials have prevailed only eight times, according to records of disciplinary cases released under state Freedom of Information Law requests.” [Tom Robbins, The Marshall Project; earlier on difficulty of investigating Attica abuse allegations, and related on correctional officers’ bill of rights laws]

Great moments in public employment: correctional officers’ rights

“Maryland Gov. Larry Hogan blamed the state’s largest employee’s union for not being able to remove corrections employees who face charges that range from driving under the influence to assault….Since 2013, more than 200 Department of Public Safety and Correctional Services employees have been charged with crimes that include DUI, assault and having sexual relations with an inmate, yet they remain on the job.” Union officials, however, say the governor is in error, and that it’s state law, rather than AFSCME contract terms, that restrict dismissals. So no problem! [WBAL, auto-plays; earlier on Maryland’s Correctional Officers Bill of Rights law, a younger sibling to its Law Enforcement Officers Bill of Rights (LEOBR) law for police]

More background on police bill of rights laws, and their origin in the wake of the Kerner commission report on 1960s civil unrest [Scott Greenfield] Veteran police lawyer Herbert Weiner, general counsel to Maryland State FOP Lodge, defends the state’s LEOBR [Al-Jazeera] And commenter Daniel Martin at Popehat on some curious implications of Maryland’s LEOBR, which prohibits investigating cops for some types of misconduct “until the victim, their immediate family, or a direct witness swears out a complaint.”

Yet more: In Pennsylvania, “members of the Fraternal Order of Police are rallying behind legislation to shield the identities of officers who use force.” It’s backed in Harrisburg by Rep. Martina White (R-Philadelphia) and Sen. John Sabatina, D-Philadelphia. [Watchdog] And with respect to our post of the other day, a commenter writes that the city of Tucson’s two-tiered informational release — withholding the names of police in a prostitution investigation while releasing those of civilians — was not done at city authorities’ discretion but in compliance with a newspaper’s public records request, in conjunction with a state law shielding police privacy.

Crime and punishment roundup

  • “Regulatory Crimes and the Mistake of Law Defense” [Paul Larkin, Heritage]
  • Victims of sex offender registry laws, cont’d [Lenore Skenazy]
  • James Forman, Jr.: case against mass incarceration can stand on its own without flawed Jim Crow analogy [Boston Review and N.Y.U. Law Review, 2011-12]
  • “For-profit immigration jails, where the inmates — convicted of nothing — work for less than peanuts.” [@dangillmor on Los Angeles Times]
  • “The New Science of Sentencing: Should prison sentences be based on crimes that haven’t been committed yet?” [Marshall Project on statistically derived risk assessments in sentencing]
  • Group of 600 New England United Methodist churches issues resolution calling for an end to Drug War [Alex Tabarrok, who was also profiled the other day]
  • Prison guard in Florida speaks up about witnessing abuse of inmate, and pays a price [disturbing content, Miami Herald]

Law enforcement for profit roundup

  • One Oklahoma official used asset forfeiture to pay back his student loans, another lived rent-free in a confiscated house [Robby Soave, Reason]
  • Per ACLU, Arizona has a one-way legal fee rule in forfeiture cases, with prevailing police allowed to collect from property owner but not vice versa [Jacob Sullum]
  • From Michael Greve, some thoughts on prosecution for profit and where money from public fines should go [Liberty and Law]
  • About the Benjamins: Philadelphia mayor-to-be cites revenue as reason to let parking officers ticket sidewalk users [Ed Krayewski, Reason]
  • Captive market: with wardens’ and sheriffs’ connivance, prison phone companies squeeze hapless families [Eric Markowitz, IB Times]
  • Former red light camera CEO pleads guilty to bribery, fraud in Ohio [Cyrus Farivar, Ars Technica]
  • Taxpayers lose as Maine counties jail indigents over unpaid fines [Portland Press-Herald]
  • “St. Louis County towns continue to treat residents like ATMs” [Radley Balko]

“More than 3/4 of the civil cases filed in Tucson’s federal court last year…

“…originated with one person: a state prisoner upset about his health care behind bars.” Dale Maisano, whose 3,000 lawsuits last year were mostly handwritten, has served much of a 15-year sentence for aggravated assault. “He alone is responsible for a nearly fourfold increase in civil cases since 2012.” [Curt Prendergast, Arizona Daily Star]

“Inmates file claims for $18 million after Seahawks TV privilege revoked”

A sudden wave of claims by inmates of the Yakima County, Wash., jail demanded a cumulative $18 million in damages over a variety of alleged problems from clogged sinks to “denial of outside yard time. The claims, 15 in all, were filed by inmates housed in the same unit of the jail’s annex. … The claims began a day after the entire unit lost its television privileges for misbehavior, preventing inmates from watching the Jan. 10 Seattle Seahawks playoff game against the Carolina Panthers, which the Seahawks won 31-17. Despite the unusual nature and impractical monetary demands of the claims, they still had to be addressed by county legal staff and jail officials, [county paralegal Cindy] Erwin said.” [Yakima Herald-Republic]

Great moments in blame: prisoner cellphone access

Prison inmate orders attack on guard at guard’s home in Bishopville, South Carolina. Surviving guard Robert Johnson and wife “did not, however, sue the typical defendants – i.e., the shooter or any prison inmate or employee. Rather, the Johnsons sued several cellular phone service providers and owners of cell phone towers. According to the Johnsons, these defendants are liable for Mr. Johnson’s injuries because they were aware that their services facilitated the illegal use of cellphones by prison inmates and yet failed to take steps to curb that use.” [Fourth Circuit opinion in Johnson v. American Towers LLC, et al., affirming district court’s dismissal of claim on the merits]