Police can take people into custody for various reasons, and numerous laws limit and define what can happen after. The legislatures and governors of two states recently acted to place one significant new restriction on police-detainee interactions: having sex has been legislated to be taboo, something detainees cannot legally consent to. It’s not as though
The Ninth Circuit has ruled that the former warden at the California Institute for Women (CIW) is not immune from liability for failing to protect two female prisoners from repeated sexual abuse at the hands of a prison guard. Jossie Ramos and Melissa Ortiz were incarcerated at CIW in 2010 when Guillermo Garcia was the
By Christopher Zoukis Since 2013, former New Mexico prison doctor Mark E. Walden, nicknamed “Dr. Fingers,” has faced allegations that he sexually abused a number of state prisoners. As a result of the alleged sexual assaults, he has been sued at least 15 times by 77 prisoners who were housed at facilities where Walden was
It feels like every week, we are faced with new accounts of abuse against transgender inmates by prison staff. So it’s with guarded optimism we view a ruling handed down last week that represents a small victory. This past summer, a Maryland judge agreed that the treatment constituted a violation of the Prison Rape Elimination
This past week saw the handing down of an important ruling in the Second Circuit Court of Appeals regarding the rights of prisoners, specifically a prisoner’s right not to be sexually abused by prison officials. If you’re questioning how this could even have been a question before the Supreme Court, don’t worry, you’re not alone.
When you put any human being in a box and put others in charge, you create an environment that is ripe for abuse without strict oversight. Unfortunately, because prisons are supposed to be a punishment for law breakers (and those confined therein have left victims in their wake), there is often very little sympathy for inmates, and that means that millions of inmates are placed in prisons that are matrices for abuse.
Female prison inmates are especially prone to abuse from prison guards and other prison employees, because it is more difficult for them to defend themselves against such abuses. The United States Department of Justice is currently investigating one of the worst cases of this abuse at the Julia Tutwiler Prison for Women in Alabama, where rapes and harassment have been common occurrence for almost two decades.
Years of Abuse in Alabama Prison for Women
It is estimated that over 33 percent of the female prisoners at the Julia Tutwiler Prison for Women have been forced into sexual relations with employees of the prison, often for basic necessities such as toilet paper. The New York Times reports that this type of abuse has not only been active for over 18 years, but that prison officials knew of the abuse early on and did nothing to put a stop to it. They simply turned a blind eye.
While abusive prison employees are, and have been, an ongoing problem at the prison, local lawmakers argue that there are three other reasons responsible for these abhorrent conditions:
The Alabama Supreme Court has held that a third party to a lawsuit may be made a party when a counterclaim is filed. The Court also held a sheriff named as a defendant was not entitled to qualified immunity on a federal claim in her individual capacity, but was entitled to immunity on a federal official capacity claim and state law claims.
The case involved a lawsuit filed by Scott Cotney, an administrator at the Clay County Jail, against former jail guard Phillip E. Green and prisoners Anthony Haywood and Daniel Hall, alleging defamation, slander, libel, invasion of privacy, negligence and wantonness. The claims resulted from a report filed by Green, Haywood and Hall with the Alabama Department of Corrections, claiming that Cotney had used his position to sexually abuse or assault Haywood and Hall while they were held at the jail.
Haywood and Hall filed a counterclaim against Cotney for violations of their Fourth, Eighth and Fourteenth Amendment rights. They also filed counterclaims against the Clay County Commission and Sheriff Dorothy “Jean Dot” Alexander, in her official and individual capacities. They alleged Alexander “had knowledge of [Cotney’s] unlawful acts … and permitted the abuse to occur,” and made the same claims against her as those against Cotney in addition to a claim of negligent supervision.
We have profiled every prison within the Federal Bureau of Prisons.
Learn about each prison’s location, security level, educational and recreational offerings, and much more.
The information provided on this website is for informational purposes only and does not constitute legal advice. In some jurisdictions, this may be considered attorney advertising. Merely reading this information does not create an attorney-client relationship.
Our firm affiliates with local counsel licensed in their respective jurisdictions on a case-by-case basis. These local counsels are independent and are not employees of the firm. Please remember that when we reference our firm’s experience, this generally includes the combined expertise of both the firm and its frequently used local counsel.
The Law Office of Grant Smaldone is headquartered in Charleston, South Carolina. This is the only fully staffed office. References to any other city or state in any materials or anywhere on this website do not mean or otherwise indicate that the firm maintains an office in that location or has lawyers physically located in that city or state. The attorneys at the firm are licensed to practice law in only the jurisdictions listed in their biographies.
Every case is different, and any prior results mentioned on this website do not guarantee or suggest a similar result in other matters. There is no guarantee or assurance of success for any client.
The Law Office of Grant Smaldone limits its practice to South Carolina state and cases involving federal law and procedure.
