Blog of Rights

PREA Rule: DOJ Takes First Steps to Protect Prison Rape Victims

By Amy Fettig, ACLU National Prison Project at 12:05pm

Last Thursday’s release of the long-delayed national Prison Rape Elimination Act (PREA) regulations by the Department of Justice reminds us of the hundreds of prison rape victims we’ve heard from over the years who could not seek justice because the prison officials who failed to protect them were essentially immunized from liability by a 1996 federal law, the Prison Litigation Reform Act (PLRA). The announced purpose of the PLRA was to curb the filing of frivolous litigation by prisoners. In reality, the law makes it

ACLU v. CCA: The Private Prison Debate Challenge

By David Fathi, National Prison Project & David Shapiro, ACLU National Prison Project at 3:37pm

Even as for-profit facilities lock up nearly 130,000 prisoners and take in billions of taxpayer dollars each year, these prisons remain shrouded in secrecy. The time has come for a robust public debate about the role of private prisons in our society.   

That’s why the ACLU just sent a letter to Damon Hininger, the head Corrections Corporation of America – the world’s largest private prison company – challenging him to a public debate on the merits of prison privatization. You can urge him to accept our invitation by taking action here.

Needed in Immigration Overhaul: Counsel and Alternatives to Incarceration

By Kimberly Humphrey, Washington Legislative Office at 12:13pm

Imagine that you are a lawful resident married to a U.S. citizen serviceman who is deployed overseas, and you are looking for a job to help support your family. You find one, but unbeknownst to you, your employer, aiming to expedite the hiring process, checks the "citizen" box on the application, a box that you correctly left blank. After audit, you are accused of making a false statement of citizenship status, which could provide grounds for mandatory deportation. Imagine that the allegation is never substantiated and you are never given the opportunity to explain the circumstances, but you are banished from the U.S. and from your family. Well – you don't have to imagine all this since it's a true account shared by Margaret D. Stock, Lt. Col. (Ret.) and counsel at Lane Powell, at a congressional briefing organized last month by the ACLU. Her client was forced to return to her country of origin and separated from her husband while he put his life on the line for the freedoms we enjoy.

UN Prisoners’ Rights Meeting: US Puts the Brakes on Progress

By David Fathi, National Prison Project at 1:48pm

The U.N. meeting in Buenos Aires on uniform rules for the treatment of prisoners, which concluded last week, was a significant step toward progressive reform, as the resulting Draft Report makes clear. Unfortunately, due in large part to positions taken by the U.S. delegation, an opportunity to make even greater progress was lost.

Prisoners of Profit: Immigrants and Detention in Georgia

By Azadeh N. Shahshahani, ACLU Foundation of Georgia at 12:17pm

The ACLU of Georgia recently released a comprehensive report on conditions of detention for immigrants in Georgia, three of which are operated by for-profit corporations and one of which, the Stewart Detention Center, is the largest immigration detention facility in the country.

For purposes of this documentation project, the ACLU of Georgia interviewed 68 individuals who were detained at the Georgia immigration detention facilities, as well as detainees' family members and immigration attorneys. We also toured the detention centers and reviewed documents obtained from Immigration and Customs Enforcement and other agencies. The findings in “Prisoners of Profit: Immigrants and Detention in Georgia” raise serious concerns about violations of detainees’ due process rights, inadequate living conditions, inadequate medical and mental health care, and abuse of power by those in charge.

We Can End Prison Rape

By Amy Fettig, ACLU National Prison Project at 3:27pm

There is a terrible irony in the experience of incarcerated women: the lives of abuse and subordination that frequently brought them to prison are most often replicated behind prison walls. Women’s experience of prison as a place of abuse, violence, psychological deprivation and physical harm is both a human rights tragedy and an indictment of our justice system. Although many aspects of prison life produce tangible harm to women prisoners, their families and ultimately the community, the crisis proportions of sexual violence behind bars demands our immediate attention.

ACLU Joins Republicans and Democrats to Streamline Maryland’s Bloated Prison System

By Inimai Chettiar, ACLU & Rebecca McCray, ACLU Criminal Law Reform Project at 6:21pm

The ACLU has joined forces with a bipartisan group of legislators and advocates to support a bill that would make great strides toward easing the strain of Maryland’s overpopulated prison system. The bill (S.B. 801), introduced by Republican Michael Hough, would create a pilot program to streamline the state’s parole system with a “graduated sanctions program.” It’s a mouthful, but the concept is ultimately about equipping parole officers with options.

Don't Let the Military's Deadly "Pain Ray" Machine Invade the L.A. County Jail

By Margaret Winter, National Prison Project & Peter J. Eliasberg, ACLU of Southern California at 2:50pm

Los Angeles County Jail has just installed an Assault Intervention Device — an invisible microwave-beam weapon originally developed by the military — as a way to subdue inmates by focusing a microwave beam on them to make them feel "intolerable heat."

Sheriff Lee Baca unveiled this giant robot-like device at a news conference last week, noting the "The Assault Intervention Device appears uniquely suited to address some of the more difficult inmate violence issues," since it will "allow us to quickly intervene without having to enter the area and without incapacitating or injuring either combatant."

Supermax Prisons: Cruel, Inhuman and Degrading

By David Fathi, National Prison Project at 2:39pm

This week the European Court of Human Rights temporarily halted the extradition of four terrorism suspects from the United Kingdom to the United States. The court concluded that the applicants had raised a serious question whether their possible long-term incarceration in a U.S. “supermax” prison would violate Article 3 of the European Convention on Human Rights, which prohibits “torture or … inhuman or degrading treatment or punishment.” The court noted that “complete sensory isolation, coupled with total social isolation, can destroy the personality and constitutes a form of inhuman treatment which cannot be justified by the requirements of security or any other reason,” and called for additional submissions from the parties before finally deciding the applicants’ claim.

Remembering Francisco Castañeda

By Gabriel Eber, ACLU National Prison Project at 5:17pm

On Monday, we got a disappointing Supreme Court decision (PDF) that immunizes government doctors from personal liability for providing constitutionally inadequate medical care. But in that bad decision is an important acknowledgment that in Hui v. Castañeda "the Government filed a formal notice admitting liability with respect to...medical negligence." Francisco Castañeda lost his life at age 36 because of that negligence. The ACLU has been involved in the Castañeda case for more than three years. We urge that his memory be honored by Congress enacting reforms to the immigration detention system that caused his premature death.