PRESS RELEASE: Court rules Incarcerated Woman’s Lawsuit Challenging Deprivation of Pain Medication and Mobility Devices May Proceed.

Pennsylvania Institutional Law Project and Abolitionist Law Center

For Immediate Release

December 31, 2018

PITTSBURGH, PENNSYLVANIA. On Friday, The United States District Court for the Western District of Pennsylvania rejected motions to dismiss a lawsuit alleging that the Pennsylvania Department of Corrections (DOC) and medical staff violated the rights of an incarcerated woman who is disabled. The case is being litigated by the Abolitionist Law Center (ALC) and the Pennsylvania Institutional Law Project (PILP) on behalf of Ms. Tracey Nadirah Shaw, who is currently imprisoned at State Correctional Institution at Cambridge Springs (SCI Cambridge Springs). Ms. Shaw brought the lawsuit after the DOC and medical staff violated her rights under the Eighth Amendment and ignored protections guaranteed by the Americans With Disabilities Act (ADA) and the Rehabilitation Act by denying her necessary pain medication and mobility accommodations, including a wheelchair, for over two years.

Ms. Shaw suffers from chronic medical conditions that cause intense neuropathic pain in her back and legs. For years, she was prescribed medication by DOC staff that stabilized her pain and allowed her to engage in daily tasks, including janitorial labor. In 2015, without the benefit of an examination or consultation, medical staff terminated Ms. Shaw’s effective pain management prescription, which resulted in debilitating pain and substantial reduction in her mobility. Ms. Shaw began to depend on additional assistive devices and accommodations to attempt to navigate life at SCI-Cambridge Springs. However, DOC staff took away her wheelchair, depriving her of the ability to travel the extended distances to educational classes, worship programs, and the dining hall. The DOC then used her worsening medical condition to temporarily remove her from her janitorial duties, resulting in a loss of essential income.

Ms. Shaw lost over twenty pounds because she was not able to physically walk to the cafeteria to get her meals and eventually, she suffered a broken leg requiring surgery and the insertion of six screws when she fell trying to walk with the absence of a wheelchair.

READ ENTIRE MEDIA RELEASE →

5,000 inmates with Hepatitis C sued Pa. prisons. Now, they’re on their way to getting treatment

November 20, 2018 | Samantha Melamed | The Philadelphia Inquirer

In 2013, a cure for hepatitis C — a chronic viral infection that, if untreated, can lead to fatal liver disease — was brought to market. But who would get the $100,000 lifesaving treatment? That's been a subject of political and legal battles ever since.

In May 2017, the Wolf administration announced that Pennsylvania would expand Medicaid coverage of the treatment to anyone with hepatitis C, instead of treating only those with signs of liver damage.

Now, through a legal settlement filed for approval Monday in federal court for the Eastern District of Pennsylvania, approximately 5,000 incarcerated Pennsylvanians who have hepatitis C would also have access to direct-acting antiviral drugs, which are effective in about 95 percent of cases.

Read more →

Protesting DOC’s new book ban and mail scans - What qualifies as Prison Rights ?

October 20, 2018 | Cherri Gregg | Flashpoint on KYW Newsradio

PHILADELPHIA (KYW Newsradio) -- This week on Flashpoint, host and KYW Newsradio Community Affairs reporter Cherri Gregg asks the burning questions about a recent policy change at the Pennsylvania Department of Corrections. DOC officials have ordered that all inmate mail is to be sent to a processing facility, in Florida, where it is scanned and then photo copies are set to the prisoners. In recent weeks, protests in Philadelphia and Harrisburg are calling for Gov. Tom Wolf to reverse the policy. This week on Flashpoint we'll walk folks through the flames of the inmates’ rights. Su Ming Yeh, managing attorney at the Pennsylvania Institutional Law Project, Dr. Brian O'Neill, criminal justice radio host and West Chester University associate professor, and Michael Wilson a former juvenile lifer who spent nearly 47 years behind bars discuss various aspects of the new policies.

Listen here (first 20 minutes of the program) →

Are Pa. prisons’ drug screenings plagued by false positives?

October 3, 2018 | Samantha Melamed | The Philadelphia Inquirer

J-Nae Kettoman doesn't care if she looks strange, scrubbing in like a surgeon with Dial soap brought from home, then snapping on latex gloves before lining up to enter the visiting room at State Correctional Institution Phoenix.

It's just part of the regimen that Kettoman, a Dauphin County resident who works for the commonwealth as a clerk-typist, has devised to avoid setting off the prison's ion mobility spectrometer — a device that analyzes swabs of every visitor's hands and pockets to detect trace levels of narcotics.

Some scour their photo IDs and car keys with soap and water in the bathroom off the prison lobby. Others keep a pristine set of clothing for prison visits in a Ziploc baggie. One woman skips her medication on days she goes to visit, because she's been told it could set off the ion scanner.

"We just were thinking: How can we get around touching anything else once we've washed our hands?" Kettoman, whose husband is serving 10 to 20 years, said of the ritual she and a friend developed after her second alarm earlier this year. A third strike would lead to a six-month suspension of her visiting privileges. "It's just nerve-racking."

Read more → 

Concerned about new DOC policy, attorneys halt mail to PA inmates

September 19, 2018 | Katie Meyer, Capitol Bureau Chief | WITF

(Harrisburg) -- A number of groups that provide legal assistance to inmates in Pennsylvania's state prisons have stopped mail correspondence with their clients.

They say they think the Department of Corrections' new protocols regarding legal mail could violate attorney-client privilege; if the policy isn't changed, they may sue.

In a letter to the department, the state chapter of the American Civil Liberties Union, the Abolitionist Law Center, and the Pennsylvania Institutional Law Project argued that the new mail policy--aimed to keep drugs out of prisons--violates inmates' rights.

Under the old rules, legal mail was given to incarcerated people directly.

Now it's photocopied, the inmate gets the copy, and the prison retains the original for 15 days.

Read more → 

The Confluence

September 8, 2018 | Kevin Gavin | WESA Public Radio: The Confluence

Interview with Staff Attorney Alexandra Morgan-Kurtz regarding the issues surrounding the PA prison lockdown and concerns related to the new prison regulations.

Listen here (interview starts at 22:20) →

A Troubled Federal Prison Unit Gets New Life In A Different State

August 21, 2018 | Victoria Law | The Appeal

Instead of changing its conditions and practices, The Bureau of Prisons is simply moving a problem-plagued federal prison unit in Pennsylvania to Illinois.

On Feb. 3, 2011, staff at Pennsylvania federal prison USP Lewisburg’s Special Management Unit told Sebastian Richardson to “cuff up” and accept a new cellmate. Richardson was terrified; the man with whom he was about to share the cell, known as “The Prophet,” had attacked over 20 cellmates. The Prophet had just been released from hard restraints, a combination of metal handcuffs, ankle shackles, and a chain that encircled his chest. He was also, according to Richardson, ”rocking back and forth in agitation as he waited outside” the cell door.

Read more → 

Philly prison guard gets jail time for assaulting inmate

June 14, 2018 | Samantha Melamed | The Philadelphia Inquirer

Because of the hazards they face from inmates, it’s exceedingly rare for prison guards to be sentenced to time behind bars.

But on Thursday, Common Pleas Court Judge Anne Marie Coyle made an exception for Milton Gibbs, a former Philadelphia correctional officer who a jury found dragged, punched, and kicked inmate Brandon Kulb, knocking him unconscious, and then falsified a report on the June 2016 incident.

The judge sentenced Gibbs to a jail term between 45 days and 23 months, plus four years’ probation, and required he attend anger-management counseling and provide community service. The sentence was to be served on at least 15 consecutive weekends. At Gibbs’ request, the judge allowed him to serve his time in the Bucks County Correctional Facility.

Read more →