Wednesday, February 29, 2012

Kids In Mississippi Held In Solitary And Abused

New Ban on Solitary Confinement for Child Prisoners in Mississippi
by Jean Casella and James Ridgeway

The United States, alone among industrialized nations, incarcerates thousands of juveniles in adult prisons, after trying and sentencing them as adults. We also lead the world in the practice of solitary confinement. These two facts have come together to create a horrifying reality: hundreds of children languishing in isolation cells.

This week, the American Civil Liberties Union and Southern Poverty Law Center announced that after years of litigation, they had reached an agreement with the state of Mississippi that will end juvenile solitary confinement in its prisons. According to a post on the ACLU's "Blog of Rights":

On March 22, 2012, a federal court in Jackson, Mississippi, will enter a groundbreaking consent decree, believed to be the first of its kind in the nation, banning the horrendous practice of subjecting kids convicted as adults to solitary confinement...While in solitary, the youth are held in almost complete isolation and sensory deprivation with virtually no human contact, without books, paper or pens, radios, pictures, access to television or any kind of recreational activity, and are denied all visits, telephone calls and even mail from their families. If prison staff tags a kid as suicidal — which they often do with punitive motives — that kid is stripped naked except for a paper gown and denied a mattress.

It's been known for a long time that prolonged solitary confinement inflicts intense suffering, worsens pre-existing mental illness and causes psychiatric breakdown even in mature healthy adults — let alone in emotionally vulnerable kids. International law recognizes that solitary confinement can rise to torture and, furthermore, that kids under the age of 18 are particularly vulnerable to the damaging effects of solitary. These effects are so well understood that international law now prohibits solitary confinement of any person under the age of 18, strongly condemning it as a form of cruel, inhuman and degrading punishment.

According to the Jackson Clarion Ledger, the groups' lawsuit, filed in November 2010, challenged what it called "brutal, unconstitutional conditions" at Mississippi's Walnut Grove Youth Correctional Facility. WGYCF, which houses male prisoners ages 13 to 22, is operated by the GEO Group, America's second largest private prison company. In addition to placing kids in solitary confinement, the suit alleges that "guards beat inmates, smuggled drugs to the youths and engaged in sexual acts with them," as well as allowing older inmates to prey on younger ones. In an incident two years ago, 14 young inmates were injured, including one who suffered brain damage. The consent degree announced this week will also ban the placement of juveniles at WGYCF.

It’s been known for a long time that prolonged solitary confinement inflicts intense suffering, worsens pre-existing mental illness and causes psychiatric breakdown even in mature healthy adults — let alone in emotionally vulnerable kids. International law recognizes that solitary confinement can rise to torture and, furthermore, that kids under the age of 18 are particularly vulnerable to the damaging effects of solitary. These effects are so well understood that international law now prohibits solitary confinement of any person under the age of 18, strongly condemning it as a form of cruel, inhuman and degrading punishment.

According to the Jackson Clarion Ledger, the groups’ lawsuit, filed in November 2010, challenged what it called “brutal, unconstitutional conditions” at Mississippi’s Walnut Grove Youth Correctional Facility. WGYCF, which houses male prisoners ages 13 to 22, is operated by the GEO Group, America’s second largest private prison company. In addition to placing kids in solitary confinement, the suit alleges that “guards beat inmates, smuggled drugs to the youths and engaged in sexual acts with them,” as well as allowing older inmates to prey on younger ones. In an incident two years ago, 14 young inmates were injured, including one who suffered brain damage. The consent degree announced this week will also ban the placement of juveniles at WGYCF.

http://solitarywatch.com/2012/02/29/new-ban-on-solitary-confinement-for-child-prisoners-in-mississippi/

Wednesday, February 15, 2012

Injustices Behind Bars Describes what Women In Prison Endur

February 14, 2012
Injustices Behind Bars
Occupy Prisons by VICTORIA LAW


“Manhandled, arrested, cuffed, searched, and locked away in the Tombs” is how AlterNet described the story of protester Barbara Schneider Reilly, who spent 30 hours in jail after being arrested at an Occupy Wall Street-related protest in October 2011.
Terrina describes what the process is like for those entering the prison system:
When someone arrives at DW, you’re stripped, photographed, poked, prodded, asked a bunch of questions that seem to have no bearing on your actual crime or personal situation (although the answers do chart out a path for your life in DOC), and given a piece of dry stale cake to eat. Yes cake. And that is it for the day. When you take into account that the prisoners are awake and traveling before 6am, without food or drink, from the county jail, and scared, anxious and unsure of the upcoming events, not being fed until 6pm is an awfully long time.

The women are placed in the first living unit. Although it is called a LIVING unit, you would think it is more like a kennel. The women are allowed out of their cell for one hour a day. At that time, they have to shower, use the phone, and try to learn the rules and regulations of their new surroundings without any guidance from the officers. Yes, it is true that there are “Posted Operational Regulations” (PORs) but … Lord forbid that the officers tell the new inmates how to use the telephone, when they are allowed to shower, how to get their medication, if needed, and, if they are pregnant, they are lucky if they are allowed to receive prenatal treatment for the first month that they are here. The women live like animals for at least a month before moving to the next “living” unit. Once they move, they are allowed TWO hours out a day. No classes, one hour a week at the gym, a minimal church, and hopefully by now the new girl has found a decent “old number” that can explain the way of her new world. If not … she’s still shit out of luck.
Unfortunately she still has to deal with the same offices that she’s been around for the first month. At this time, her telephone system should be working. However, the case managers that are supposed to be there to help are not able to explain the phone system, the classes that are available, the jobs that are attainable, or even the canteen that should be purchasable. Three to four weeks later and the confusion begins all over with another “living” unit move. Previously, contact with the other offenders was restricted altogether. Now you are thrown into a space set up like the monkey exhibit at most zoos. It is so overwhelmingly loud and disorganized that many women shut down, get angry, fight, and begin to behave like the animals they are being treated like.
In this new building, the inmate is supposed to automatically know the rules they were never taught, they’re expected to know where to go and when, which sidewalks to walk on at specific times, who they are and aren’t allowed to talk to, and are expected to show up to work on time, usually without knowing that they have even been assigned a job…
Let’s take a moment and discuss the jobs: labor crew, kitchen, laundry … those are the first jobs available. DOC pays 60 cents a day to do the work that keeps the facility running. The majority of inmates MUST pay restitution, which is, of course, taken out of their state pay … so after a full month of working hard, they are able to spend approximately $10.63. The only thing that is free in DOC is one roll of toilet paper a week and one pack of sanitary pads per month. If the inmate has a heavy menstrual cycle and needs more pads, she has to pay $4 to get them. Toothpaste, toothbrush, body soap, a brush or comb, lotion, shampoo, conditioner, hair grease, floss, any hygiene besides one roll of toilet paper a week, the inmate HAS to pay for. Since I have been in prison, the prices of canteen have gone up at least every two to three months. Why hasn’t the rate of our pay? The state is allowed to charge more for the toothpaste, but unable to pay us enough to purchase it? Don’t get caught giving away any hygiene if you are lucky enough to have it because then you can get a write-up for loaning and bartering or unauthorized possession if you don’t have a receipt for the items in your room.
These inhumanities are of the everyday variety for women behind bars. Then there are the other injustices that are all too common in women’s prisons nationwide:
Health care: Women in prison are more likely to be HIV+ than either men in prison or women who are not in prison. In 2000, women in prison were 60% more likely to have HIV than men in prison. Women in prison are 36 times more likely than women outside to have HIV. In addition, prisons are not likely to have female-specific health care (pregnancy, breast and cervical cancer screenings, GYN services, etc) and so women’s health needs often go untreated.
Parenting: More than 80% of women in prison are mothers to children under the age of eighteen. Because of the ways in which parenting is gendered, when a mother goes to prison, she is far less likely to have a co-parent, partner or family member who is willing and able to take care of her children. As a result, children of imprisoned mothers are five times more likely to end up in foster care than children of incarcerated fathers. This statistic became even more devastating in 1997 when Congress passed the federal Adoption and Safe Families Act (ASFA). Under the Act, if a child has been in foster care for fifteen of the past 22 months, the state has to automatically begin terminating legal custody. Only three states make exceptions for parents who are in prison. If a mother is fortunate enough to maintain the legal rights to her child(ren), the distance of the prison from her home community makes it less likely that she will ever receive a visit from her child. More than 50% of mothers in prison reported never having received a visit from their children.
Sexual Assault: In 1996, Human Rights Watch released All Too Familiar, a report documenting sexual abuse of women prisoners throughout the United States. The report, reflecting the organization’s two-and-a-half years of research, found that sexual assaults, abuse and rape of women prisoners by male staff members were common and that women who complained incurred write-ups, loss of “good time” accrued toward an early parole and/or prolonged periods in disciplinary segregation. Little has changed in many prisons since the report’s release in 1996. Title VII of the Civil Rights Act of 1964 prohibits gender discrimination in employment, giving both male and female guards the right to gender-neutral employment in prisons housing prisoners of the opposite gender. Male staff members have been placed in female facilities with little to no training on cross-gender supervision and no procedures for investigating or disciplining staff sexual misconduct. In Michigan and other states, untrained male officers were asigned to positions in which they were able to walk, unannounced, into areas where women dress and undress, shower, and use the toilet. Male guards have also been given the task of performing body searches on prisoners, which includes patting down women’s breasts and genital areas. They also transported women to medical care and were required to observe gynecological and other intimate medical procedures. It was not until incarcerated and formerly incarcerated women won a class-action lawsuit were restrictions on male access put into place.
Abuse and battering: More than half of women in state prisons and jails report having experienced physical and/or sexual abuse. Women are three times more likely than men to have been physically and/or sexually abused prior to incarceration.

In 1964, peace activist Barbara Deming spent 27 days in jail in Albany, Georgia. Deming and a group of activists had embarked on a Peace Walk from Quebec to Guantanamo, the American army base in Cuba. When the walk reached Georgia, the Peace Walkers found it impossible to demand peace without also demanding the right of all people — black and white — to walk together down any street in any city. In Albany, where the police chief had boasted that he had defeated Martin Luther King non-violently, the group twice attempted to walk through the White section of town; each time, they were arrested and brought to the county jail. Deming was among the group of fifty-four women arrested the second time. Her fellow Peace Walker Yvonne, who spent first 24 days in jail and 27 days the second time, wrote: “If there is anything I have learned by being in jail, it is that prisons are wrong, simply and unqualifiedly wrong.”

Nearly fifty years later, in 2011, Barbara Schneider Reilly ends her account of jail on an optimistic note: “Society must be changed. They insist on it, and, I hope, will continue to insist. And, not withstanding the difficulties ahead, we will fight for it.”

One hopes that these fights also recognize and include the struggles of people in prison. As RJ states,

“When we hear and tell our stories, we must think of the abuse that is churning behind the razor wire at that moment. When we are released, or when we greet our friends outside the gates, we must think of the person who is already waiting to fill the vacant bed. We must imagine what it will take to disable this corrupt industry with its devastating methods that are carried out under the lie of ‘bettering society.’ We must not turn our backs on each other!”

Spurred on by prison justice organizers, people in the various Occupy movements are beginning to realize this and are calling for a National Occupy Day in Support of Prisoners on Monday, February 20, 2012. There will be actions across the nation. To find out about the nearest one, go to: http://occupy4prisoners.org/actions/.

Victoria Law is a writer, photographer, mother, and Contributing Author for New Clear Vision. She is the author of Resistance Behind Bars: The Struggles Of Incarcerated Women(PM Press, 2009), the editor of the zine Tenacious: Art and Writings from Women in Prison, and a co-founder of Books Through Bars — NYC. She is currently working on transforming Don’t Leave Your Friends Behind, a zine series on how radical movements can support the families in their midst, into a book.

Notes

[1] Human Rights Watch, All Too Familiar.6.

[2] Jennifer Bagwell, “Barred from View: How Michigan Keeps the Lid on Allegations of Widespread Sexual Abuse Against Female Inmates,” Metro Times: Detroit’s Alternative Weekly, March 24, 1999.

[3] Beth E. Richie and Kay Tsenin, Female Offenders, Pornography and Prostitution, Child Abuse and Neglect, research forum on women and girls in the justice system for the Department of Justice, 1999.

[4] Caroline Wolf Harlow, Prior Abuse Reported by Inmates and Probationers, special report for the U.S. Department of Justice, April 1999, 1.

http://www.counterpunch.org/2012/02/14/occupy-prisons/

Thursday, February 2, 2012

Department of Justice Investagates Police Brultality

Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASETuesday, December 20, 2011
U.S. Bureau of Prisons Employee Pleads Guilty in Florida to Sexual Abuse of a Ward
WASHINGTON – Bureau of Prisons employee Jack Chris Jackson, 45, pleaded guilty today to the charge of sexual abuse of a ward, announced the Department of Justice.



During the plea proceedings, Jackson admitted to having a sexual relationship with an inmate at the Federal Correctional Institute (FCI) in Miami. This inmate was in Jackson’s custodial and supervisory authority at FCI.



“We will not tolerate corrections officers engaging in this behavior with institutionalized persons,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “The Justice Department will vigorously prosecute individuals who abuse their position and authority in this manner.”



U.S. Attorney for the Southern District of Florida Wifredo A. Ferrer added, “This correction officer abused his official position. This conduct is an intolerable breach of trust that not only endangers the safety of inmates but also compromises prison security. Our office will prosecute all official corruption cases to the fullest extent of the law.”



Jackson faces a maximum sentence of 15 years in prison. Sentencing has been set for March 19, 2012.



This case was investigated by the FBI and the Department of Justice Office of Inspector General, and is being prosecuted by Assistant U.S. Attorney Susan Rhee Osborne of the U.S. Attorney’s Office for the Southern District of Florida and Trial Attorney Henry Leventis of the Civil Rights Division.

11-1686Civil Rights Division
http://www.justice.gov/opa/pr/2011/December/11-crt-1686.html
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Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASEFriday, January 6, 2012
Two Former Alabama Sheriff’s Office Deputies Sentenced to Prison for Assaulting Handcuffed Man in Custody
WASHINGTON – The Justice Department announced today that Kirby Dollar and Timothy Watford, former deputies with the Russell County, Ala., Sheriff’s Office, were sentenced in federal court in Montgomery, Ala., for their participation in the beating of a handcuffed man who had been taken into official custody. U.S. District Court Judge Mark E. Fuller sentenced Dollar, 37, to 46 months in prison and Watford, 42, to 34 months in prison.



Dollar pleaded guilty on Aug.11, 2011, to willfully depriving the victim of his constitutional right to be free from the use of excessive force. Watford was convicted of the same charge by a federal jury sitting in Opelika, Ala., on Sept, 1, 2011, following a three day trial.



Evidence presented during the court proceedings established that Dollar and Watford, while acting in their capacity as law enforcement officers, punched, kicked and slapped the victim, who was lying on the ground in handcuffs and offering no resistance. The victim suffered multiple lacerations, facial fractures and a ruptured eardrum. Dollar admitted, and witnesses during Watford’s trial confirmed, that the attack was entirely unprovoked.



“These convictions and sentences demonstrate that the use of excessive force cannot be tolerated,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “The vast majority of police officers do an outstanding job in protecting both the community and the rights of the accused, even in stressful situations. But when police officers use excessive force to punish arrestees, they will be held accountable.”



“As well intended as some officers may be, police activity must remain within constitutional bounds,” said George L. Beck Jr., U.S. Attorney for the Middle District of Alabama. “Let these two convictions and sentences serve as examples of bad conduct that will be prosecuted by this office. Emotions cannot overcome good judgment. Zealousness cannot overcome good training. And brutality can never be a substitute for effective law enforcement.”



FBI’s Special Agent in Charge Lewis M. Chapman stated, “Today’s sentencing of former Russell County Deputies Kirby Dollar and Tim Watford brings some closure to a breach of trust by law enforcement officers. Law enforcement officers must always act within the bounds of the law under any circumstance and particularly while safeguarding our communities and citizens. The investigation of Civil Rights violations continues to be one of the FBI’s top priorities; and, these sentences reaffirm our commitment to enforcing those standards on ourselves and the law enforcement community.”
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Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASEThursday, January 12, 2012
Deputy US Marshal in Chicago Indicted for Civil Rights Violations
WASHINGTON - A federal grand jury in Chicago returned an indictment today charging Deputy U.S. Marshal Stephen Linder, 36, with violations of federal criminal civil rights law related to two separate incidents in which Linder assaulted a handcuffed civilian.



The indictment charges Linder with a criminal civil rights violation for punching and choking a handcuffed man on July 8, 2010, and with obstructing justice for attempting to persuade another law enforcement officer to withhold evidence of the assault. Linder was also charged with a criminal civil rights violation for head-butting a handcuffed man on May 13, 2008, and with obstructing justice by persuading another law enforcement officer to withhold evidence of the assault.



Each of the civil rights counts carries a maximum sentence of 10 years in prison. Each of the obstruction counts carries a maximum sentence of 20 years in prison. Each count in the indictment also carries a maximum fine of $250,000.



An indictment is merely an accusation and the defendant is presumed innocent unless proven guilty.



This case is being investigated by the Department of Justice’s Office of the Inspector General and is being prosecuted by the Civil Rights Division of the Department of Justice.