Presley v. Epps
Class action on behalf of all 1,000 prisoners in supermax prison in 23-hour lockdown.
Principal Attorneys
Steve Hanlon, LaKeytria Felder
Co-Counsel
Margaret Winter, ACLU National Prison Project
Description
Consent decree entered for 1,000 inmates in supermax prison covering medical care, mental health, classification and use of force.
Status
550 inmates in the "supermax" prison were released in general prison population in landmark settlement agreement
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Butler v. Crosby
Florida prisoners seek damages from prison officials for harmful use of pepper spray as form of punishment.
Principal Attorneys
Buddy Schulz , Leon Fresco, Steve Hanlon
Co-Counsel
Randy Berg, Florida Justice Institute
Christopher Jones, Florida Institutional Legal Services
Description
Six Florida inmates initially brought an action seeking to recover damages from 27 defendants, including correctional officers, who used chemical agents that included pepper spray and tear gas, against the inmates while the inmates were locked in isolation cells at Florida State Prison.
Status
U.S. District for the Middle District of Florida awards injunctive relief to two of the six inmates with “long documented histories of serious mental illnesses” establishing that, while incarcerated at the Florida State Prison in Starke, the plaintiffs were subjected to chemical agents for exhibiting manifestations of their mental illnesses, even though they did not have the mental capacity to conform their behavior to follow the prison’s rules.
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Angola 3: Robert King/Herman Wallace/Albert Woodfox
Eighth Amendment challenge to long-term confinement of three inmates.
Principal Attorneys
George Kendall, Harmony Loube, Sam Spital, Steve Hanlon
Co-Counsel
Nick Trenticosta of New Orleans, La.
Description
This important civil rights lawsuit is pending in the federal district court in Baton Rouge, La. It seeks to end three decades of extended lockdown of the two plaintiffs who remain in custody and to secure damages for all three. Each has been unreasonably held in near isolation for 28, 30 and 34 years. Our claim is that such long-term confinement violates the Eighth Amendment's prohibition against cruel and unusual punishment. This case could establish an important legal precedent that limits the use of long-term closed-cell confinement to only those inmates who continue to show they cannot live peacefully in less confined conditions.
Status
Magistrate Judge recommends that Woodfox be granted a new trial, agreeing that his trial was fundamentally unfair and that his conviction was unreliable
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Death Row Conditions in Mississippi: Gates v. Cook, 376 F. 3d 323 (5th Cir. 2004)
Eighth Amendment challenge to conditions of confinement for death row inmates.
Principal Attorney
Steve Hanlon
Co-Counsel
Margaret Winter, ACLU National Prison Project; Robert McDuff
Description
Experts at trial substantiated that deplorable conditions on death row were likely to cause serious mental illness among healthy prisoners and placed them at high risk of harm. According to the trial judge, "No matter how heinous the crime committed, there is no excuse for such living conditions."
Status
Fifth Circuit affirmed judgment for plaintiffs.
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Conditions for HIV+ Prisoners: Leatherwood v. Haley
Class action lawsuit challenging the life-threatening conditions and treatment of HIV+ prisoners.
Principal Attorney
Buddy Schulz
Co-Counsel
Southern Center for Human Rights; David Lipman, Fran Anania.
Description
The evidence demonstrated an alarmingly higher number of AIDS deaths at the prison, absence of state efforts to save HIV+ prisoners prisoners' lives, and violation of their constitutional rights.
Status
Settlement approved by federal court on June 2, 2004.
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Women's Prison Overcrowding in Alabama
Class action brought to improve conditions in Alabama's Julia Tutwiler Prison for Women.
Principal Attorney
Steve Hanlon
Co-Counsel
Southern Center for Human Rights
Status
Case settled in fall 2004; currently monitoring settlement.
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Conditions for HIV+ Prisoners: Moore v. Fordice
HIV+ inmates in Mississippi prisons challenge prison conditions.
Principal Attorneys
Steve Hanlon, Leo Rydzewski, Hal Flowers
Co-Counsel
Margaret Winter, ACLU National Prison Project
Description
Moore is related to a class action challenging the unconstitutional conditions of confinement, inadequate medical care and lack of access to prison programs for HIV positive prisoners. In this case, we succeeded in substituting the ACLU Prison Project in as counsel for the plaintiffs.
Status
Fifth Circuit reversed trial court order denying motion for substitution of counsel. Gates v. Fordice, 1999 WL 33537206 (N.D.Miss.)
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Prisoner's Right to Internet Research: Danny Williams
First Amendment challenge for Georgia prisoner.
Principal Attorneys
Jane Warring, Kelli Lott, Keith Wiener
Description
Danny Williams is incarcerated in Georgia's Hancock State Prison. While preparing his habeas corpus petition, prison officials refused to deliver mail from Mr. Williams' wife containing cases printed from Westlaw.com. The refusal was premised on Georgia Department of Corrections Standard Operating Procedure B002-0001 VI.C.4 stating "an inmate/probationer may receive books, magazines, printed material, or photocopies only from the publisher, dealer, or established attorney of record." Mr. Williams filed a complaint and petition in the District Court for the Middle District of Georgia asserting claims including an allegation that a mail restriction policy at the prison violated his First Amendment rights, which were dismissed. Mr. Williams appealed to the Eleventh Circuit Court of Appeals, which remanded the mail restriction claim and two others to the district court for reconsideration.
Status
The magistrate issued a report recommending that Mr. Williams' motion for summary judgment be granted. The State of Georgia objected to this recommendation. The parties are currently awaiting ruling by the district court judge.
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