Chapter 18
Criminal Prosecution of Prison/Jail Staff
Egregious abuse by correctional staff may trigger criminal prosecution. After presenting the case law and statutes germane to that topic, this Chapter presents some examples of litigation materials used in state and federal criminal prosecutions.
Featured Opinions
- Screws v. United States, 325 U.S. 91 (1945)
- United States v. Hickman, 766 Fed. Appx. 240 (6th Cir. 2019)
Featured, Cited, and Supplemental Litigation Documents
- U.S. Department of Justice, Annual Statistical Reports
- United States v. Almodovar, No. 3:18–cr–00145–SDD–EWD (M.D. La.)
- State of Maryland v. Hickson, No. 119337008 (Circuit Court of Baltimore, Md. 2019)
- Examples of medical neglect prosecutions
- United States v. Almodovar, 3:18–cr–00145–SDD–EWD (M.D. La.) (see above)
- United States v. Hickman, 6:15-cr-00042 (E.D. Ky.) (excessive force and deliberate indifference to serious medical needs)
- Examples of failure to treat prosecutions:
- United States v. Barnes, 16-cr-185 (W.D. Okla. indictment filed Oct. 4, 2016) (failure to treat diabetes)
- United States v. Dominick et al., No. 2:15-cr-00289-KDE-DEK (E.D. La. filed Dec. 3, 2015) (failure to provide emergency medical care)
- Examples of failure-to-protect prosecutions (from another staff member’s assault, or from harm imposed by another prisoner)
- United States v. Mosley, No. 2:19-cr-00183 (M.D. Ala. May 3, 2019)
- United States v. Williams, No. 2:19-cr-00292 (M.D. Ala. Jul 10, 2019)
- United States v. Burks, 2:19-cr-00344-ALB (M.D. Ala. Sept. 11, 2019) (related prosecutions for failure to intervene in beating and abuse of prisoners by another officer)
- United States v. Carey, No. 3:19-cr-00026-GFVT (E.D. Ky. Mar. 24, 2019) (inducing another prisoner to assault the victim)
- Examples of sexual assault prosecutions.
- United States v. Baldinger, No. 1:18-cr-01965-JAP (D. N.M. filed June 13, 2018) (sexual assault by a private prison transport officer, indicted under § 242, knowingly possessing a firearm in furtherance of a crime of violence, indicted under § 924(c)(1)(A))
- United States v. Johnson, No. 4:17-cr-00214-WTM-GRS (S.D. Ga. filed Aug. 16, 2017) (sexual assault and coercion to cover up, convicted under § 242)
- United States v. Shaw, No. 2:13-cr-00660-FSH (D. N.J. filed Oct. 7, 2013) (indicted under § 242 for aggravated sexual abuse)
Statutes, Treaties, and Regulations
- 18 U.S.C. § 241, conspiracy to violate civil rights
- 18 U.S.C. § 242, willful deprivation of federal rights under color of law
- 18 U.S.C. § 371, conspiracy to commit any federal criminal offense
- 18 U.S.C. § 1001, knowingly and willfully making false statements regarding a matter within the jurisdiction of the federal government
- 18 U.S.C. § 1512, witness tampering, by physical force or its threat
- 18 U.S.C. § 1519, evidence tampering
- 18 U.S.C. § 2243, sexual activity between federal prisoners/detainees and custodial officials
- Mass. Ann. Laws. ch. 265, § 37, violation of civil rights under color of law
- N.D. Cent. Code §§ 12.1–14–01, “Official Oppression”
- Ohio Rev. Code § 2921.45, interfering with civil rights under color of law
Non-case Excerpts and Supplemental Documents
- None
Additional Reading
Other Cited Sources
History of civil rights prosecutions
- Robert K. Carr, Federal Protection of Civil Rights: Quest for a Sword 29 (1947)
- Robert K. Carr, Screws v. United States: The Georgia Police Brutality Case, 31 Cornell L. Rev. 48 (1945)
- Robert J. Kaczorowski, The Politics of Judicial Interpretation: The Federal Courts, Department of Justice and Civil Rights, 1866–1876 (1985)
- Michael J. Klarman, From Jim Crow to Civil Rights: The Supreme Court and the Struggle for Racial Equality 269–71 (2004)
- Charles Herman Pritchett, The Roosevelt Court: A Study in Judicial Politics and Values, 1937–1947 (1958)
- Harry H. Shapiro, Limitations in Prosecuting Civil Rights Violations, 46 Cornell L.Q. 532 (1961); 5 U.S. Comm’n on Civil Rights Report 45–62 (1961)
Modern prosecution practices, doctrine, etc.
- Mike Allen, Eric Holder’s Parting Shot: It’s Too Hard to Bring Civil Rights Cases, Politico (Feb. 27, 2015)
- Brian R. Johnson & Phillip B. Bridgmon, Depriving Civil Rights: An Exploration of 18 U.S.C. 242 Criminal Prosecutions, 2001–2006, 34 Crim. J. Rev. 196 (2009)
- Frederick Lawrence, Punishing Hate: Bias Crimes Under American Law 136 (1999)
- Frederick M. Lawrence, Civil Rights and Criminal Wrongs: The Mens Rea of Federal Civil Rights Crimes, 67 Tul. L. Rev. 2113 (1993)
- Kevin Rector & Phil Davis, Indictments Charge 25 Corrections Officers with Using Excessive Force, Intimidation to Dominate Maryland Jails, Balt. Sun (Dec. 3, 2019)
- Daniel C. Richman, Kate Stith, & William J. Stuntz, Defining Federal Crimes (2018)