AELE LAW LIBRARY OF CASE SUMMARIES:
Corrections Law for Jails, Prisons and
Detention Facilities
Video Surveillance
A prisoner claimed
he suffered injuries during a fight with officers that occurred because
he refused to exit his cell. By the time he notified the prison of the
incident and that a videotape "probably" existed, the tapes were
recorded over. Besides an excessive force claim, he asserted a claim for
spoiliation of evidence. The prisoner was denied appointed counsel as he
was sufficiently competent to handle the straightforward claims himself.
The prisoner lost at trial. A federal appeals court affirmed, and ruled
that the prisoner failed to show that there was any duty to preserve the
videotape, or that the recording was destroyed in bad faith. Bracey v.
Grondin, #12-1644, 712 F.3d 1012 (7th Cir. 2013).
Video recordings of two cell extractions
showed that correctional officers used only that force needed in light
of the prisoner's refusal to comply with orders, and that the prisoner
was not injured. His excessive force claim was therefore rejected. Adderly
v. Ferrier, #10-3636, 2011 U.S. App. Lexis 4904 (Unpub. 3rd Cir.).
Pennsylvania court rules that it did not
violate the privacy rights of detainees in police department holding cells
for their cells to be monitored from the mayor's home through the use of
video surveillance. The detainees had no legitimate expectation of privacy
in their cells, and the video images were not communicated to the public
at large, or distributed on an overly broad basis. DeBlasio v. Pignolia,
No. 213 C.D. 2006, 2007 Pa. Commw. Lexis 113.
Prison employees were entitled to qualified
immunity from liability for strip search of prisoners conducted in an outside
area, which may have inadvertently been viewed by prison visitors leaving
the facility. Sabree v. Conley, No. 02-P-1267, 815 N.E.2d 280 (Mass. App.
2004). [2005 JB Jan]
Sheriff's action in placing web cameras in
a pre-trial detention center to broadcast images of the detainees on the
Internet violated their 14th Amendment substantive due process right by
subjecting them to punishment, federal appeals court rules, and therefore
was properly enjoined. Demery v. Arpaio, No. 03-15698, 378 F.3d 1020 (9th
Cir. 2004). [2004 JB Oct]
The fact that a city's policy on monitoring
suicidal pre-trial detainees allowed the clerk doing so to perform other
duties at the same time did not, by itself, demonstrate deliberate indifference
to the risk of harm, nor did the fact that the video equipment used for
monitoring in this particular instance turned out to be defective. Serafin
v. City of Johnstown, #02-1281, 53 Fed. Appx. 211 (3rd Cir. 2002). [2003
JB Apr]
Male prisoner's Eighth Amendment rights were
not violated by his being restrained naked on a table for two days and
being videotaped and observed by female prison personnel after he provoked
a violent disturbance. Prisoner had been stripped to ensure that he did
not possess contraband or a weapon, and had himself removed a blanket which
prison personnel attempted to use to cover him. Use of stun gun earlier
to control prisoner was not excessive. Camp v. Brennan, #02-2003, 54 Fed.
Appx. 78 (3rd Cir. 2002). [2003 JB Apr]
247:110 Warrantless video surveillance of
county jail office in which inmate property was stored did not constitute
a violation of deputy sheriffs federal or California state constitutional
rights, or an actionable "invasion of privacy." Sacramento Co.
Deputy Sheriff's Assoc. v. Sacramento Co., 59 Cal.Rptr.2d 834 (Cal.App.
1996).