AELE LAW LIBRARY OF CASE SUMMARIES:
Corrections Law for
Jails, Prisons and Detention Facilities
Criminal Conduct
A former lieutenant
at the Roxbury Correctional Institution (RCI) in Hagerstown, Maryland,
was sentenced by a federal court to 36 months in prison for obstruction
of justice in connection with his involvement in a series of assaults against
an inmate at the facility. He pleaded guilty to a charge of destruction
of records. According to court documents filed in connection with his guilty
plea, he acknowledged that he intentionally used a magnetic device to erase
incriminating surveillance video footage related to the officers' assaults
of the inmate. Officers from three different shifts assaulted Davis in
March 2008, in retaliation for a prior incident in which he struck an officer.
To date, 16 current or former officers at the facility were convicted in
connection with the series of assaults that the prisoner suffered on March
8 through 9, 2008. One former officer still awaits sentencing. U.S. v.
Stigile, #1:13-cr-00084, U.S. Dist. Ct. (D. Maryland).
A former federal
corrections officer was sentenced to 48 months in prison and three years
of supervised release on criminal charges that he arranged for prisoners
to send money through the mail or via Western Union, to co-conspirators
outside the prison. That money was then paid to the officer as bribes in
exchange for smuggling cigarettes, marijuana, and other contraband into
a federal corrections center. A co-conspirator was sentenced to two years
probation. U.S. v. Hinnant, #5:11-cr-00354, U.S. Dist. Ct. (E.D.N.C. Aug.
15, 2012).
A correctional officer applied a "sleeper
hold" to a pre-trial detainee, restrained in handcuffs and shackles,
who continued to resist. The officer allegedly rendered the detainee unconscious
using the hold and failed to tell a nurse at the jail that he was "gurgling,"
and then lying silent and motionless, and needed medical attention. The
officer was convicted of depriving the detainee of his rights and of obstructing
a federal investigation into the detainee's subsequent death by falsifying
documents. The evidence was sufficient to prove that the officer used force
to put the detainee into a position requiring medical attention, and then
acted with deliberate indifference towards his serious medical needs. United
States v. Gray, #11-3143, 2012 U.S. App. Lexis 18528, 2012 Fed App. 0297P
(6th Cir.).
In a criminal prosecution of correctional
officers for alleged conspiracy and deprivation of prisoner's constitutional
rights, the prosecution was not required to show that any individual prisoner
suffered a certain level of, or type of, injury to show excessive use of
force in violation of the Eighth Amendment and 18 U.S.C. Sec. 242. Convictions
of officers upheld. U.S. v. Lavallee, No. 03-1515, 439 F.3d 670 (10th Cir.
2006) [N/R]
Prison guard was properly convicted of separate
counts of unlawful sexual activity with an inmate on the basis of two incidents
occurring on different days. The trial court's decision not to group the
two incidents together in one count for sentencing purposes was proper.
U.S. v. Vasquez, No. 03-1763, 2004 U.S. App. Lexis 23480 (2nd Cir. 2004).
[N/R]
Federal appeals court upholds enhanced 46-month
sentence imposed on correctional officer who pled guilty to conspiracy
to violate the civil rights of jail detainees he was supervising, based
on unusual vulnerability of prisoner with Tourette's syndrome to assault.
The officer failed to show reversible error in the trial court's finding
that he had knowledge of the prisoner's unusual vulnerability of Tourette's
syndrome, and the trial court noted that, prior to the alleged beating
of the prisoner, either the defendant or another officer was heard yelling,
"we'll beat the Tourette's out of you." United States v. Donnelly,
#03-2022, 370 F.3d 87 (1st Cir. 2004). [N/R]
Overturning
dismissal of criminal charges against corrections officer on three counts
of institutional sexual assault under 18 Pa. C.S.A. Sec. 3124.2 (prohibiting
sexual intercourse, deviate sexual intercourse or indecent conduct with
an inmate by a corrections employee), Pennsylvania Supreme Court rejects
arguments that the statute was void for vagueness, overbroad, or violated
due process. Commonwealth v. Mayfield, 832 A.2d 418 (Pa. 2003). [N/R]
The Justice
Department announced that Kevin Clark, a former Sergeant at the Dougherty
County Jail in Albany, Georgia, was sentenced to six months imprisonment
for obstructing justice in connection with a civil rights offense committed
at the Dougherty County Jail. [N/R]
Former Wilson
County Tennessee correctional officer pleads guilty to criminal charges
related to an ongoing federal criminal civil rights investigation into
allegations of excessive force and obstruction of justice at the Wilson
County Jail in Lebanon, Tennessee. [N/R]
Former employee
of a Tennessee state mental facility sentenced to 31 months in prison for
repeatedly beating and physically abusing a patient with severe mental
retardation. [N/R]