By: William Brenc; Reza Harris; and Vikram Iyengar, Ph.D.
Prisoners’ rights do not end when they enter their cells. The Constitution requires that prisoners have access to adequate medical care and are not subjected to excessive force. Isolated from the public, prisoners are frequently left with few resources to advocate for themselves when their basic human rights are violated. Because most inmates do not have the means to hire a lawyer, prisoners usually represent themselves pro se in civil rights litigation. While most prisoners proceed pro se, the federal court system enlists lawyers for some cases that appear particularly meritorious.
In the Northern District of California, the Federal Pro Bono Project, in conjunction with the Bar Association of San Francisco’s Justice and Diversity Center, assists prisoners with their civil rights claims. Federal Pro Bono Project, U.S. Dist. Ct., N.D. Cal., http://www.cand.uscourts.gov/probono (last visited Oct. 20, 2017). Many of the cases referred by this program are ready for trial, providing valuable opportunities for lawyers to step in and support clients during high stakes litigation.
A significant number of the cases referred through the Federal Pro Bono Project involve inmates’ Eighth Amendment rights. In addition to prohibiting excessive bail and fines, the Eighth Amendment bans “cruel and unusual punishment.” U.S. Const. amend. VIII. The “cruel and unusual punishment” clause commonly arises in death penalty cases, butut it also protects prisoners from inhumane treatment while incarcerated. For example, prisons violate the Eighth Amendment when they are deliberately indifferent to the serious medical needs of inmates, whether that indifference comes in the form of poor medical care or a lack of access to medical care. Estelle v. Gamble, 429 U.S. 97, 104-05 (1976). The use of excessive force by prison officials also violates the Eighth Amendment. Hudson v. McMillian, 503 U.S. 1, 5 (1992). Excessive force is not bound by the injury to the inmate, but by whether the force constitutes an “unnecessary and wanton infliction of pain.” Id. quoting Whitley v. Albers 475 U.S. 312, 320 (1986).
Allegations of Eighth Amendment violations in California’s prisons are all too common. After years of overcrowding and indifference towards the well-being of inmates, many California prison have unconscionable conditions. In 2011, the United States Supreme Court recognized that the “degree of overcrowding in California’s prisons [was] exceptional” and that the medical care provided was “severely deficient.” Brown v. Plata, 563 U.S. 493, 502-504. The Court upheld a district court ruling mandating federal oversight to ensure California reduced its prison population to levels commensurate with the State’s facilities and that the State’s mentally and physically ill inmates receive adequate care. Id.
Fenwick’s Recent Pro Bono Court Appearances
Fenwick & West commits many hours of its professional services year after year to the needs of underserved populations, including those who are currently incarcerated, consistently leading to successful results in pro bono cases. In addition to the many other pro bono programs Fenwick contributes to, the firm has handled eight cases for the Federal Pro Bono Project. Recently, Fenwick lawyers achieved two major victories for incarcerated pro bono clients, including winning a trial verdict. Fenwick’s dedication and talent overcame the inherent advantages the State has in these matters. This result is not only a testament to the skills and ability of Fenwick lawyers, but also to the firm’s commitment to supporting the underserved.
In April 2016, Fenwick lawyers secured a significant settlement for an inmate subjected to excessive force in a California prison. This settlement provided vindication for the client who, despite being physically unable to lie prone on the ground, as confirmed by a formal medical exemption, was kicked and forced to the ground by guards. Fenwick associates Dargaye Churnet and Jonathan McMichael, under the supervision of partner Lynn Pasahow, represented the pro bono client. The team worked through case management, discovery, and a third amended complaint, and was preparing for depositions when the California Department of Corrections and Rehabilitation agreed to a favorable settlement.
In June 2017, litigation associate Amy Hayden, and former associates Stefan Szpajda and Abigail Wald, again supervised by partner Lynn Pasahow, won a jury verdict for their a pro bono client after a four-day trial. This was the first favorable trial result for a Federal Pro Bono Project case referred to a law firm. The client was physically assaulted by guards in Salinas Valley State Prison and was later forced to spend the next three years in isolated confinement as a result of the incident. The extent of his suffering led him to file a pro se complaint. After the client successfully avoided summary judgment on his own, the district court appointed Fenwick as pro bono counsel to represent him in preparing and trying his case before a jury. Despite testimony from seven guards, the jury was persuaded by the client’s account and awarded him compensatory and punitive damages. (The case is currently on appeal to the Ninth Circuit, which the Fenwick trial team will be handling.)
Prison Inmate Advocacy is a Valuable Education Opportunity for Firms and Lawyers
In addition to helping underserved populations, such pro bono matters also provide important training for more junior lawyers. By taking the lead on complex pro bono cases, associates are able to gain valuable experience in pre-trial, trial, and appellate procedure. These cases allow associates to develop relationships with judges and gain courtroom experience. As a result, junior associates gain skills and knowledge that they otherwise may not have acquired until much later in their careers.
Representing mistreated inmates both fills a need in the justice system and allows lawyers to hone the legal skills necessary to provide strong representation for all clients. Lawyers also gain valuable advocacy skills working on pro bono matters. While potential monetary damages may be smaller than in the firm’s typical commercial matters, the claims mean just as much to pro bono clients. Fenwick’s work through the Federal Pro Bono Project provides valuable training opportunities for its lawyers, fights for justice for its pro bono clients, and seeks to bolster our community’s civil rights.
The authors thank Lynn Pasahow, Pat Premo, Ewa Davison and Amy Hayden for their helpful feedback on a previous version of this article.
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