From Abu Ghraib to Miami Fighting Prisoner Abuse Amnesty Intl 2006
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FROM ABU GHRAIB TO MIAMI: FIGHTING PRISONER ABUSE Amnesty International State Conference University of Miami School of Law February 25, 2006 Randall C. Berg, Jr., Esq. Florida Justice Institute, Inc. Miami, Florida rcberg@bellsouth.net 1 Agenda Florida Justice Institute: what we do and how Amnesty can assist Prison abuse: one need not travel to another country to find it What constitutes abuse? How Amnesty volunteers can handle prisoner complaints 2 Florida Justice Institute, Inc. • • • • • • • Public interest law firm representing prisoners in civil lawsuits challenging conditions in state prisons and jails 3 attorneys for entire State U of Miami Law School clinical program (student interns) Executive Director, 28 years Primarily class actions or individual cases with significant damages or death Directs the Volunteer Lawyers’ Project for the U.S. District Court for S.D. Fla. Funded by donations, attorneys fees, and private foundation grants 3 U.S. Prisoner Abuse in Iraq – Shocked World An unmuzzled dog used to frighten a detainee at Abu Ghraib Two military dog handlers told investigators that intelligence personnel ordered them to use dogs to intimidate prisoners. 4 An Iraqi detainee appears to be restrained after having suffered injuries to both legs at Abu Ghraib. It is unclear whether his injuries were from dog bites. 5 Prisoner Humiliation U.S. Army Guards Proud of Inhumane Prisoner Treatment 6 A detainee apparently abused at Abu Ghraib in 2003. 7 Prison and Jail Conditions in the U.S. United States Constitution, Amendment VIII: "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.“ “Deliberate Indifference” standard Security defense Prison Litigation Reform Act 8 Need Not Go to Iraq --Inhumane Prisoner Treatment in Florida Statewide Class Actions against the Fla. Dept. of Corrections: Use of Chemical Agents on Inmates Confined in Cell for Talking Solitary Confinement of Mentally Ill Inmates in Box Car Cells Confinement of Death Row Prisoners in Temperatures Exceeding 90ºF 9 Fla. Inmates Burned by Pepper Spray 10 11 12 Strip Searching of Females in Dade County Jail During FTAA demonstrations, female demonstrators arrested for misdemeanors not involving crimes of violence, drugs and weapons were strip searched Policy started as a result of crowding 7 years prior Sued in federal class action (over 6,000) to end practice and for damages Changed policy and settled for $6.25 million 13 Handling Prisoner Complaints by Amnesty Volunteers Types of Complaints – medical care, visitation, confinement, guard and other prisoner abuse Prison Litigation Reform Act Prior to litigation, inmate must grieve Complaint using Inmate Grievance Procedure and appeal Communicate complaint to administration and document Gov’t Officials and Consulate Contact the media 14 Most Effective Method of Handling Individual Complaints Contact inmate’s criminal defense attorney or Public Defender Discuss inmate’s complaint and how interfering with the attorney’s representation of his or her client Suggest filing a Motion in the criminal case bringing complaint to the attention of the court, noticing on the Motion the relevant corrections or medical personnel Suggest to attorney setting the Motion down for hearing to resolve complaint so client can better aid in his defense 15 Last Resort Contact an organization like the Florida Justice Institute, Florida Institutional Legal Services or state chapter of ACLU for legal assistance Realize systemic litigation takes years Courts no longer receptive to prisoner cases 16
