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UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF FLORIDA 

MARCIE HAMILTON et al.; 

 Plaintiffs, 

v. 

WENDELL HALL, 

 Defendant. 

/

No. 3:10-cv-355 MCR/EMT 

DECLARATION OF PLAINTIFFS’ EXPERT

STEVE J. MARTIN

I, STEVE J. MARTIN, am over the age of 18 and make this 

declaration: 

I. Introduction

1. I have been retained by counsel for the plaintiffs to render an 

opinion in this case regarding Sheriff Hall’s policy and practice (“PostcardOnly Mail Policy”) that forbids inmates of the Santa Rosa County, Florida, 

Jail (“Jail”) from sending letters enclosed in envelopes to their parents, 

children, spouses, friends, other loved ones, or other correspondents. Under 

this policy, Jail inmates may only write their correspondences in a postcard 

format except for privileged/legal mail. 

2. In my thirty-eight years experience in corrections in hundreds 

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of jails and prisons in more than thirty-five states in the U.S., policies 

limiting outgoing mail correspondence to postcards were unprecedented 

until recently. 

II. Qualifications of the Expert

3. I am an independent consultant in the field of corrections with 

over 38 years experience in correctional administration. I am also admitted 

to practice law in the state of Texas. My general qualifications as an expert 

in the field of corrections are set forth in my Curriculum Vitae, attached 

hereto as Martin Exhibit A. In addition to these general qualifications, I 

have direct experience with the implementation and management of 

correspondence rules and regulations in both jails and prisons. From 1981 to 

1985, I was employed by the Texas Department of Corrections (ATDC@) as 

Legal Counsel, and subsequently as General Counsel and Chief of Staff to 

the Director. During this time, one of my responsibilities was to assist in the 

development of correspondence rules for the TDC in settlement of a class 

action lawsuit. Subsequent to settlement of the lawsuit, I was also involved 

in monitoring compliance with the terms and conditions of the settlement 

agreement. I was often asked to consult with the Review Committee 

charged with hearing appeals for rejected or denied correspondence and 

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publications. One of my staff attorneys, who reported directly to my office, 

routinely met with the Review Committee in order to provide legal advice 

on correspondence and publication issues. 

4. I have also reviewed and/or assisted in the development of 

correspondence rules in a variety of confinement systems such as the state of 

New York, the U.S. Immigration and Naturalization Service and the 

Commonwealth of Puerto Rico. Currently, I am involved in prison and jail 

litigation in seventeen states and the U.S. Virgin Islands. I am presently 

serving as a federal court monitor/court appointed expert/subject matter 

expert in three class action cases in Florida (metropolitan jail in Broward 

County), New York City (metropolitan jail), and Ohio (juvenile detention 

system). From 1994-2008, I worked as a corrections expert for the U.S. 

Department of Justice, Civil Rights Division. I am currently under contract 

as a corrections expert for the Department of Homeland Security, Office of 

Civil Rights and Civil Liberties. 

5. I am co-author of Texas PRISONS: THE WALLS CAME TUMBLING 

DOWN (Texas Monthly Press, 1987); and contributed to COURTS,

CORRECTIONS, AND THE CONSTITUTION (Oxford University Press, 1990) and 

BUILDING VIOLENCE: HOW AMERICA'S RUSH TO INCARCERATE CREATES 

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MORE VIOLENCE (Sage Publications, 2000). I have published numerous 

articles related to correctional issues in law reviews and professional 

journals. I am currently on the Editorial Board of the CORRECTIONAL LAW 

REPORTER, Civic Research Institute. I have also served on the adjunct or 

visiting faculties of six universities, including the University of Texas 

School of Law, and was a visiting scholar at the Queens University School 

of Law, Belfast, Northern Ireland. I have been qualified as an expert in the 

field of corrections and have testified as such on more than thirty occasions, 

mostly in federal courts. 

III. Publications Authored by the Expert Witness

6. A listing of publications I have authored/co-authored may be 

found under the heading “Publications/Paper” in my Curriculum Vitae, 

attached hereto as Martin Exhibit A. 

IV. Testimony as an Expert Witness at Trial or Deposition

7. I have been qualified as an expert in the field of corrections and 

have testified as such on more than thirty occasions in federal courts. A 

listing of cases in which I have testified at trial or deposition within the 

preceding four years is attached hereto as Martin Exhibit B. 

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V. Compensation

8. I am being compensated at a rate of $150 per hour for in-office 

work and $1,200 per day for work performed on-site. 

VI. Methodology and Principles Applied In Formulating Opinion

9. I have reviewed the following materials specific to this case: 

(a) Third Amended Complaint (DE 43) and the Sheriff’s 

Motion to Dismiss (DE 7); 

(b) Plaintiffs’ Motion for Class Certification (DE 7) and the 

Sheriff’s Response (DE 13) 

(c) A draft of the Plaintiffs’ Motion for Preliminary 

Injunction (DE 50) 

(d) The Sheriff’s public records produced in response to 

Benjamin Stevenson’s August 3, 2010, public records request, including the 

following: 

DE 50.4 Outgoing Mail Procedure, Standard Operating Procedure 

No. 15.48 - (Effective August 14, 2010) 

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DE 50.5 Outgoing Mail Procedure for Security Staff, Standard 

Operating Procedure No. 15.48 - (Effective March 26, 

2009) 

DE 50.6 Inmate Mail, General Order No. O-071 (Effective August 

14, 2010) 

DE 50.7 Inmate Mail, General Order No. O-071 (Effective August 

18, 2007) 

DE 50.8 Notice “Effective July 15, 2010” 

DE 50.9 Visitation Schedule 

DE 50.10 Inmate Handbook 

10. I have reviewed the following materials relating to outgoing 

mail policies at other facilities or the proposed policies by organizations: 

(a) Florida Department of Corrections’ Routine Mail 

Regulation, § 33-210.101, Fla. Admin. Code; 

(b) U.S. Department of Justice, Federal Bureau of Prisons’ 

Program Statement No. 5265.11 regarding Correspondence (July 9, 1999), 

available at http://www.bop.gov/policy/progstat/5265_011.pdf, which is in 

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part codified in 28 C.F.R. § 540.14; 

(c) Federal ADX “supermax” Prison’s outgoing mail 

policies, available from 

http://www.bop.gov/locations/institutions/flm/index.jsp; 

(d) Florida Sheriff’s Association’s Florida Model Jail 

Standards (2011), § 9.03 (“Mail”), available from 

http://www.flsheriffs.org/our_program/florida-model-jail-standards/; 

(e) Texas Jail Commission, Minimum Jail Standards, 37 

Tex. Admin. Code Pt. 9, and in particular 37 Tex. Admin. Code § 291.2 

(“Inmate Correspondence Plan”); 

(f) Broward County, Florida, Sheriff, Guidelines for Inmate 

Mail, available at http://sheriff.org/about_bso/dodcc/info/; 

(g) AMERICAN CORRECTIONAL ASSOCIATION (ACA),

PERFORMANCE STANDARDS FOR ADULT LOCAL DETENTION FACILITIES

(4th ed., 2004); 

(h) AMERICAN CORRECTIONAL ASSOCIATION (ACA),

MANUAL OF CORRECTIONAL STANDARDS (3rd ed.); 

(i) OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER 

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FOR HUMAN RIGHTS, HUMAN RIGHTS AND PRISONS (2005), available at 

http://www.ohchr.org/Documents/Publications/training11Add3en.pdf. 

11. In reviewing the above materials, I applied a number of sound 

correctional practice principles in formulating my opinions. First, the ability 

for inmates to maintain family and community relationships and ties, by 

mail and otherwise, is an essential component of a sound correctional 

operation. It fosters safe and secure management of the inmate while 

confined, and facilitates his/her reintegration to the community upon release. 

As stated in the ACA’s Manual of Correctional Standards,

To confined persons, letters from home and from friends are often as 

important as visits. Permission to write friends or relatives affords inmates 

opportunity to express affection for loved ones and in many instances to 

release feelings of distress and loneliness. Letters are of such tremendous 

importance to the inmate that institutions are glad to encourage 

correspondence as an integral part of the treatment program. 

Id. at p. 545 (emphasis added) 

12. Second, policies or practices that unnecessarily inhibit, impede, 

or chill, robust inmate correspondence are antithetical to the most basic 

principles that govern management of confined persons. This is reflected in 

the ACA’s Standard for Local Adult Detention Facilities: 

When the inmate bears the mailing cost, there is no limit on the volume of 

letters he/she can send or receive or on the length, language, content, or 

source of mail or publications, except when there is reasonable belief that 

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limitation is necessary to protect public safety or maintain facility order 

and security. 

Id. at Standard 4-ALDF-5B-05. 

13. Third, security issues related to outgoing correspondence are 

routinely and safely managed by confinement operations in the U.S. 

Correctional managers institute a wide variety of measures that minimize 

potential threats posed by outgoing correspondence without such a limitation 

as has been imposed in this matter. Such a blanket policy applicable to all 

inmates, regardless of the security threat they represent, totally disregards 

the manner in which security and safety measures are typically applied in a 

confinement setting, i.e., proportionality between the threat and the security 

measure. See Federal Bureau of Prisons Program Statement, 5265.11 Section 

11(c)(l), “Outgoing mail from a sentenced inmate in a minimum or low 

security level institution may be sealed by the inmate and, except as 

provided for in paragraphs (c)(1)(a) through (d) of this section, is sent out 

unopened and uninspected.”), codified as 28 C.F.R. § 540.14. The potential 

security threat represented by outgoing correspondence can be and is most 

typically addressed by such measures that provide for inspection of mail on 

a random basis, or when there is a suspicion connected to certain mail or 

certain prisoners. Managers are certainly free to institute measures 

specifically directed at, or applied to, high risk inmates. Inspecting every 

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piece of outgoing mail is not necessary or essential to maintaining jail order 

or security. 

VII. Opinion

14. The Santa Rosa County Sheriff’s policy that limits outgoing, 

non-legal mail to postcards is not necessary or essential to further any 

legitimate interests in security or order. The policy unnecessarily limits 

inmate opportunities to engage in lawful and routinely accepted 

correspondence practices. 

15. The policy is antithetical to sound inmate governance. Not only 

do restrictions on the means of maintaining family and community 

relationships and ties frustrate the inmates’ reintegration to the community 

upon release, but such restrictions often lead inmates to feel isolated and 

humiliated, which needlessly complicates the safe and secure management 

of the facility. 

VIII. Basis for Opinion

16. I have reviewed the mail policy for the Florida Department of 

Corrections (FDOC), which confines over 100,000 persons. See § 33-

210.101, Fla. Admin. Code. FDOC prison officials do not limit inmates’ 

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mail to postcards; inmates are generally allowed to write letters. 

17. I have reviewed the mail policy for the Federal Bureau of 

Prisons (BOP), a system that confines approximately 208,000 inmates. BOP 

prison officials do not limit inmates’ mail to postcards; inmates are generally 

allowed to write letters. In fact, the Federal Bureau of Prisons “encourages 

correspondence.” BOP Program Statement, 5265.11, Section 1. 

18. I have reviewed the mail policy for the United States 

Penitentiary, Administrative Maximum Facility (ADX), the Asupermax@

facility in Florence, Colorado, which confines inmates with the highest 

security classifications in the United States. Having conducted a site 

inspection at the ADX, I can attest that it is the most secure prison I have 

visited in my career. ADX prison officials do not limit inmates’ mail to 

postcards; inmates are generally allowed to write letters. See Admission and 

Orientation Handbook (2008), p. 5, available at 

http://www.ohchr.org/Documents/Publications/training11Add3en.pdf. 

19. I have reviewed the Florida Sheriff’s Association’s Florida 

Model Jail Standards (2011), including its model standard regarding 

outgoing mail. The Florida Sheriff’s Association does not propose limiting 

Florida jail inmate mail to postcards. In fact, it states, “General 

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correspondence such as between the inmate, the family, and other persons 

should be encouraged.” Id. at § 9.03(a). 

20. I have reviewed the Texas Jail Commission’s Minimum Jail 

Standards, 37 Tex. Admin. Code Pt. 9. The Texas Jail Commission does not 

propose limiting Texas jail inmate mail to postcards. See 37 Tex. Admin. 

Code § 291.2. 

21. I have reviewed the Broward County Sheriff’s inmate mail 

policy. The Broward County Sheriff does not limit inmate’s mail to 

postcards; inmates are generally allowed to write letters. 

22. Based on my training and experience, inmates’ feelings of 

isolation and alienation with few or no relationships of value often aggravate 

their feelings of hopelessness and despair. In these circumstances, they are 

more prone to engage in misbehavior directed at other inmates and staff. For 

those inmates with mental health issues who benefit from frequent and 

positive contact with family and friends, robust correspondence is extremely 

important and should be encouraged rather than limited. Furthermore, jail 

inmates have an acute sense of fairness. When arbitrary or needless 

restrictions are imposed against them, such restrictions inevitably 

undermine inmates’ respect for their jailors and thus harms inmate/staff 

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relations.

23. In conclusion, the fact that all ofthese confinement operations

with which I am familiar throughout the U.S. are able to maintain requisite

levels ofsecurity at their facilities without limiting outgoing correspondence

to postcards, provides ample evidence that such a restriction is neither

necessary nor essential to further any legitimate interests in security or order,

and may in practice, actually undermine the orderly operation and

management ofthe facility.

I declare under penalty of perjury that the foregoing is true and

correct.

Executed on ~_~--=---__, 2011

Steve J. Martin

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CURRICULUM VITAE

NAME: Steve J. Martin

ADDRESS: 8513 Adirondack Trail

Austin, Texas 78759

TELEPHONE: Office: (512)346-7607 

E-mail: sjmart@sbcglobal.net

DATE OF BIRTH: August 27, 1948

EDUCATION:

1973 Bachelor of Science

Criminology and Corrections

Sam Houston State University

Huntsville, Texas

1974 Master of Arts

Correctional Administration

Sam Houston State University

Huntsville, Texas

1981 Juris Doctor

University of Tulsa

School of Law

Tulsa, Oklahoma

(Admitted to Texas State Bar-Card #13106550)

EMPLOYMENT:

1987-Present Corrections Consultant and Attorney

1986-1987 Gray & Becker, Attorneys at Law 

General practice law firm engaged in litigation, administrative

law, civil rights and legislative work.

1985-1986 Texas Office of the Attorney General - Special Assistant

Attorney General. Worked as a consultant to the Chief of the

Enforcement Division on litigation involving the Texas

Department of Corrections.

(Vita current as of January 2011)

Martin Exhibit A

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STEVE J. MARTIN VITA PAGE 2

Employment (continued)

1981-1985 Texas Department of Corrections - Executive Assistant to the 

Director (1984-85); General Counsel (1983-85); Legal

Counsel (1981-83)

Huntsville, Texas

As Legal Counsel, I served as the in-house attorney on class

action litigation. In 1982, I was given responsibility for

providing primary case administration of RUIZ v. ESTELLE

(a class action conditions lawsuit in which virtually all

operational aspects of the prison system were subject to court

orders). From 1983-85, I served as the chief legal officer of

the department. I also served as the liaison to the Office of

the Special Master in RUIZ as well as liaison to the Office of

the Attorney General and the Texas Legislature. From 1984

I also served as the Director's Executive Assistant, an

operations position and the third ranking official in the 

department. 

1980-1981 Tulsa County District Attorney's Office

Assistant District Attorney/ Legal Intern

Tulsa, Oklahoma

As an Assistant District Attorney/Legal Intern, I provided

representation to county jail officials on civil rights litigation

filed by county jail prisoners. I also drafted a set of jail

standards adopted by the district judges for operation of the

jail. 

1975-1980 United States Probation and Parole Office

U.S. Probation and Parole Officer

McAllen, Texas (1975-77)

Tulsa, Oklahoma (1977-80)

As a probation officer I supervised an average caseload of 50

to 75 probationers and parolees in addition to conducting

pre-sentence and pre-trial diversion reports.

1974 Federal Bureau of Prisons

Federal Corrections Institution Casework Intern

Fort Worth, Texas 

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STEVE J. MARTIN VITA PAGE 3

Employment (continued)

After my first year of graduate school, I worked as a summer

Casework Intern for the Director of Mental Health Programs

at the facility.

1972-1973 Texas Department of Corrections

Correctional Officer

Huntsville, Texas

I was assigned to the Ellis Unit, a maximum security prison,

and worked routine security posts such as cellblocks, control

center, hall officer, and death row. I also worked at the Goree

Unit for female offenders.

REPRESENTATIVE PROFESSIONAL ACTIVITIES:

2001-Present Appointed as a Court Expert, CARRUTHERS v. JENNE, to

examine the conditions of confinement in Broward County

Department of Detention, Ft. Lauderdale, Florida.

2003-Present Retained as an expert witness in DISABILITY

ADVOCATES, INC. v. NEW YORK STATE OFFICE OF

MENTAL HEALTH, et al., involving class action civil rights

claims regarding the treatment of mentally ill inmates

confined to disciplinary segregation, New York State

Department of Corrections.

 

2004-Present Appointed as Court Monitor, GATES v. BARBOUR, to

monitor capacity orders for the Mississippi Department of

Corrections. 

2005-Present Retained as an expert witness, FAIRLEY v. ANDREWS,

regarding allegations of excessive force in the Cook 

County Jail, Chicago, Illinois.

2005-Present Retained as an expert witness, T.R., P.R., and K.W. v.

SOUTH CAROLINA DEPARTMENT OF CORRECTIONS,

class action litigation regarding the treatment of mentally ill

inmates in the South Carolina Department of Corrections.

Case 3:10-cv-00355-MCR-EMT Document 54-2 Filed 04/15/11 Page 16 of 31
STEVE J. MARTIN VITA PAGE 4

Representative Professional Activities (continued)

2006-Present Member of Editorial Board, Correctional Law Reporter.

2006-Present Retained as an expert, DITTIMUS-BEY, et al. v. TAYLOR,

et al., regarding conditions of confinement at the Camden

County Jail, Camden, New Jersey.

2007-Present Retained as an expert by Independent Fact Finder and Court

Montior, S.H. v. STICKRATH, to examine/monitor staff use

of force, restraints, seclusion, classification, and youth

grievances at the Ohio Department of Youth Services.

2007-Present Retained as an expert witness, VANDEHEY v. VALLARO,

regarding use of force at the Garfield County Jail, Colorado.

2008-Present Retained as expert witness, SILVERSTEIN v. BOP, regarding 

confinement at the United States Penitentiary Administrative 

Maximum (“ADX”), Florence, Colorado.

2008-Present Retained as an expert witness, CARTY v DEJONGH,

regarding conditions of confinement at facilities in St.

Thomas, Virgin Islands.

2009-Present Retained as an expert witness, HICKS v HETZEL, regarding

conditions of confinement at the Donaldson Correctional

Facility, Bessemer, Alabama.

2010-Present Retained as an expert witness, SHREVE v FRANKLIN

COUNTY JAIL regarding use of force.

2010-Present Retained as an expert witness, SOLIS v BACA, regarding

strip searches at the Los Angeles County Jail.

2010-Present Appointed as Court Monitor, REYNOLDS v SCHRIRO, 

to monitor use of restraints by New York City Department of 

Corrections at the Bellevue and Elmhurst hospitals.

2010-Present Retained by the Department of Homeland Security,

Office for Civil Rights and Civil Liberties as penology

expert.

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STEVE J. MARTIN VITA PAGE 5

Representative Professional Activities (continued)

2010 Participated as amici curiae, SCHWARZENEGGER v

PLATA, regarding prison overcrowding in the California

Department of Corrections.

1993-2008 United States Department of Justice, Civil Rights Division,

Special Litigation Section, Corrections Expert.

2005-2008 Retained as an expert, WILLIAMS v. TASER

INTERNATIONAL, INC., regarding use of force at the

Gwinnett County Detention Center, Georgia.

2006-2008 Retained as an expert witness, IKO v. GALLEY, regarding

use of force at the Western Correctional Institution, Maryland

Department of Public Safety and Correctional Service.

2007 Participated as amici curiae, IQBAL v. ASHCROFT, U. S.

Court of Appeals, 2 Cir., regarding treatment of detainees at nd

the Metropolitan Detention Center, New York City.

2007-2008 Retained by the U.S. Attorney’s Office, New York City, to

examine staff use of force at the Westchester County Jail,

White Plains, New York.

2008-2009 Retained as an expert witness, JACKSON v. GERL,

regarding use of force at the Wisconsin Secure Program

Facility, Boscobel.

2007-2009 Retained as an expert witness, YOUNG v. COOK

COUNTY, regarding the strip search policies of the

Cook County Jail.

2007-2008 Retained as an expert witness, RUTLEDGE v. COOK

COUNTY, regarding staff use of force at the Cook County

Jail.

2006-2008 Retained as an expert witness, WILKERSON, et al. v.

STALDER, regarding the placement of inmates in long-term

segregation at the Louisiana State Penitentiary, Angola.

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STEVE J. MARTIN VITA PAGE 6

Representative Professional Activities (continued)

2006-2007 Retained as a consulting expert by the State Attorney, 13 th

Judicial Circuit, Tampa, Florida, In Re: In-Custody Death 

of Martin Lee Anderson while confined at the Bay County

Boot Camp, Panama City, Florida. 

2004-2006 Retained as an expert witness, INGLES v. TORO, class 

action use of force litigation involving the New York City

Department of Corrections.

2005-2006 Retained as an expert witness, GILLIS v. LITSCHER, et al.,

regarding placement of an inmate in the Behavior

Management Program, Wisconsin Secure Program Facility.

2005 Member, Travis County, Citizen Bond Advisory Committee;

Chairman, Sub-Committee on Jails, Travis County, Texas.

2005 Participated as amici curiae, WILKINSON v. AUSTIN, No.

04-495, Supreme Court of the United States; placement

process for inmates in supermax prisons.

2002-2005 Appointed as Court Monitor, UNITED STATES v. NASSAU

COUNTY, to monitor Settlement Agreement on use of force,

Nassau County Corrections Center, Long Island, New York.

2002-2005 Retained as a consultant by the Georgia Attorney General’s 

Office to review use of force practices at the Phillips

State Prison, Buford, Georgia.

2003-2004 Retained as an expert witness, HARGETT v. ADAMS, class

action litigation regarding conditions of confinement at the

Joliet Treatment & Detention Facility, Illinois.

2003-2004 Retained as an expert witness, NEW TIMES v. ADAMS,

class action litigation regarding censorship practices of the

Colorado Department of Corrections.

2002-2004 Retained by the United States Attorney’s Office, San

Francisco, as an expert in UNITED STATES v. LEWIS;

criminal civil rights prosecution for civil rights violations at

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the Pelican Bay State Prison.

STEVE J. MARTIN VITA PAGE 7

Representative Professional Activities (continued)

2003-2004 Retained as a consultant by the Georgia Attorney General’s

Office in BURNS v. WETHERINGTON, regarding civil

rights claim for failure to protect an inmate at the Lee

Arrendale State Prison, Alto, Georgia.

2004 Retained as a consultant to the Ohio Department of Youth

Services on staff use of force.

2004 Retained as a consultant by the Los Angeles County, Special

Counsel, to assist in a report to the Los Angeles County Board

of Supervisors on inmate violence in the Los Angeles County

jails.

2000-2002 Appointed as Court Monitor, DOES v. STEWART, to

monitor a system-wide class action remedial order on

protective segregation for the Arizona Department of

Corrections.

1998-2002 Appointed as Court Monitor, SHEPPARD v. PHOENIX, to

monitor a court order on use of force in the New York City

Department of Corrections, Rikers Island. 

 

2001 Retained by the United States Department of Justice and the 

United States Attorney’s Office, Brooklyn, New York 

to assist in the development of remedial plan for Nassau

County Sheriff’s Department, Division of Correction, Use of

Force.

2001 Retained by the United States Attorney’s Office, San

Francisco, as an expert in UNITED STATES v. POWERS

and GARCIA, a criminal civil rights prosecution for civil

rights violations at the Pelican Bay State Prison.

2001 Retained by the Los Angeles County Board of Supervisors

to evaluate the in-custody restraint death of a detainee.

2001 Served as a Member of the research team of the Berkman

Center, Harvard Law School, to evaluate rehabilitation

programs in two Jamaican maximum security prisons.

Case 3:10-cv-00355-MCR-EMT Document 54-2 Filed 04/15/11 Page 20 of 31
STEVE J. MARTIN VITA PAGE 8

Representative Professional Activities (continued)

2000 Participated as amici curiae, ATWATER v.CITY OF LAGO

VISTA, No. 99-1408, Supreme Court of the United States,

regarding custodial arrests for a non-jailable misdemeanor.

1989-2000 Retained as an expert witness and consultant, FELICIANO

v. COLON, conditions litigation involving the Puerto Rico

prison system.

1999-2001 Retained as an expert, MULDROW v. KEOHANE, litigation

regarding the use of restraints, USP, Atlanta, Georgia.

1999-2000 Retained as an expert, SABATINO v. AMENN, class action

litigation on the use of restraints, Erie County Prison,

Pennsylvania.

1999-2000 Retained as a consultant to review Immigration and

Naturalization Service Detention Standards, United States

Department of Justice.

1996-1999 Retained as an expert, LEE v. COUGHLIN, litigation

involving punitive segregation at Sing Sing/Southport

prisons, New York.

1998-1999 Retained as an expert, SPATES v. IOWA

CORRECTIONAL INSTITUTION FOR WOMEN,

conditions litigation.

1992-1995 Retained as an expert witness, MADRID v. GOMEZ,

conditions litigation involving Pelican Bay State Prison,

California.

1996-1998 Retained as an expert witness, COLLINS v. ALGARIN,

litigation involving excessive force at Montgomery County

Jail, Pennsylvania.

1994-1998 Retained as an expert witness, ALLEN v. CHISHOLM,

excessive use of force litigation involving Montana State

Prison.

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STEVE J. MARTIN VITA PAGE 9

Representative Professional Activities (continued)

1995-1998 Retained as an expert witness, BOLTON v. COOMBE,

litigation involving double celling practices at Woodbourne

Correctional Facility, New York.

1996-1998 Retained as an expert witness, SOLOMON v. DELLANA,

litigation involving excessive use of force at the Allegheny

County Jail, Pittsburgh.

1997-1998 Retained as an expert witness, BLACKMON v.

McCOTTER, litigation involving stabbing death of inmate

at the Central Utah Correctional Facility.

1997-1998 Retained as an expert witness, CLARK v. CALIFORNIA,

litigation involving treatment of developmentally disabled

prisoners in the California Department of Corrections.

1997-1998 Retained as an expert witness, TATE v. GOMEZ, litigation

involving lethal force at the Corcoran State Prison,

California.

1994-1995 Retained as an expert witness by the New York Attorney

General's Office, BIN-WAHAD v COUGHLIN, litigation

involving claim of retaliatory transfer in New York

Department of Corrections.

 

1993-1995 Retained as a consultant to the Texas Comptroller of Public

Accounts, Performance Review of the Texas Department of

Criminal Justice.

1991-1993 Gubernatorial appointee to the Texas Punishment Standards 

 Commission; Vice-Chair, Policy Development Committee.

1989-1993 Retained as a consultant and expert witness on prison and

jail litigation by the Texas Attorney General's Office.

1992-1993 Retained as a consultant, BENJAMIN v. ABATE. Principal

author of Reports of Plaintiffs' Expert Consultants on 

Conditions in the New York City Jails, Legal Aid Society,

Case 3:10-cv-00355-MCR-EMT Document 54-2 Filed 04/15/11 Page 22 of 31
New York.

STEVE J. MARTIN VITA PAGE 10

Representative Professional Activities (continued)

1991-1992 Staff Director, Study Committee on Judicial Education,

Texas Supreme Court. Principal investigator for the Report

on Judicial and Court Personnel Education Programs.

1990-1992 Retained as an expert witness and consultant, JENSEN v.

CLARKE, crowding litigation involving Nebraska State

Prison, Lincoln, Nebraska.

1989-1993 Retained as a consultant on litigation involving numerous

county jails including Detroit, Seattle, Houston, Austin and

San Antonio. 

1989-1991 Assisted Texas Legislature on the development of criminal

justice legislation, 71st and 72nd Legislatures.

1988-1989 Gubernatorial Appointee to Texas Council on Offenders

with Mental Impairments; Chairman, Legislative

Subcommittee.

1986-1990 Retained by Corrections Corporation of America, Nashville,

Tennessee, to assist in the development and operation of

private prison facilities in Texas.

1988-1992 Employed as expert witness by Prison Law Office, San

Quentin on litigation involving Vacaville, San Quentin and

Tracy prisons.

1987-1993 Employed as expert witness by Prisoners Legal Services of

New York on litigation involving Attica and Elmira prisons.

1987-1989 Employed as expert witness by NAACP LDF, New York on

death row conditions litigation in Missouri and Arkansas.

TEACHING/LECTURES/SYMPOSIUMS:

2010 Participant, Department of Homeland Security, “Roundtable

on Mental Health and Immigration Enforcement.”

Case 3:10-cv-00355-MCR-EMT Document 54-2 Filed 04/15/11 Page 23 of 31
STEVE J. MARTIN VITA PAGE 11

Teaching/Lectures/Symposiums (continued)

2009 Speaker, Texas Criminal Defense Lawyers Association,

Seminar, Post Conviction Law and Criminal Administrative

Remedies, Status of Prisoners’ Rights in Today’s Criminal

Justice Arena, January 9, 2009.

2005 Testified before Commission on Safety & Abuse in

America’s Prisons on Staff Use of Force in United States

Confinement Settings; April 20, 2005, Tampa, Florida.

2003 Symposium on Prison Reform, Pace Law School, Judicial

Institute and the Open Society; moderator and presenter for

Effective Post-PLRA Settlement Models, October 2003.

2001 Presenter, Southern Methodist University School of Law,

Colloquium on the Judicial Work of Judge William Wayne

Justice, May 2001.

2000 Guest Lecturer, University of Minnesota Law School,

Institute of Criminal Justice; “Responding to the Crowded

Jail, Legal Issues.”

1999 Visiting Scholar, Institute of Criminology and School of

Law, Queen’s University, Belfast, Ireland; Seminar:

“Punishment as Big Business: The Iron Triangle,” October

1999.

1999/2000 Guest Lecturer, New York University School of Law.

1995 Guest Lecturer, National Association of Attorneys General

Annual Conference; “The Role of Experts in Prison

Litigation.”

1995 Testified before the United States Senate Judiciary

Committee as a panel member on the Prison Litigation

Reform Act.

1990 Southwest Texas State University, San Marcos, Texas. 

Adjunct faculty - taught corrections course.

1989 St. Edwards University, Austin, Texas. Adjunct faculty - 

taught corrections course.

Case 3:10-cv-00355-MCR-EMT Document 54-2 Filed 04/15/11 Page 24 of 31
STEVE J. MARTIN VITA PAGE 12

Teaching/Lectures/Symposiums (continued)

1988 Technical Assistance Consultant, National Institute of

Corrections Boulder, Colorado.

1986 The University of Texas School of Law, Austin, Texas. 

Visiting faculty - taught seminar on institutional reform

litigation. 

1979-1981 Langston University, Tulsa, Oklahoma. Adjunct faculty -

taught probation and parole, corrections, and criminology

courses.

1976-1977 Pan American University, Edinburg, Texas. Adjunct faculty

– taught corrections courses.

1973-1974 Sam Houston State University, Huntsville, Texas. Graduate

Fellow - taught course in social problems.

PUBLICATIONS/PAPERS:

Kercher, Glen A. And Steve J. Martin, “Severity of Correctional Officer Behavior in the Prison

Environment,” presented before the Texas Academy of Science, Huntsville, Texas, 1975.

Martin, Steve J., and Sheldon Ekland-Olson, Texas Prisons: The Walls Came Tumbling Down,

Austin: Texas Monthly Press, 1987.

Ekland-Olson, Sheldon and Steve J. Martin, "Organizational Compliance with Court-Ordered

Reform," 22 Law and Society Review 359, 1988.

Martin, Steve J., "Prisoners' Rights", Texas Tech Law Review, Volume 20, Symposium 1989,

Number 2.

Martin, Steve J., "Texas Prisons: A Brooding Crisis Behind Bars", Texas Lawyer, March 13, 1989.

Martin, Steve J., and Sheldon Ekland-Olson, "Ruiz, A Struggle Over Legitimacy", Courts,

Corrections and the Constitution: The Impact of Judicial Intervention on Prisons and Jails, edited

by John J. DiIulio, Jr., Oxford University Press, 1990.

Martin, Steve J., "The Celling of Texas", Texas Observer, January 11, 1991.

Martin, Steve J., "An End to Ruiz: Shifting the Debate from Rhetoric to Reason", Texas Public

Policy Foundation, April 1995.

Case 3:10-cv-00355-MCR-EMT Document 54-2 Filed 04/15/11 Page 25 of 31
STEVE J. MARTIN VITA PAGE 13

Publications (continued)

Grant, Darlene and Steve Martin, "Should Prison Reform Litigation Be Curtailed?" National

Council on Crime and Delinquency Focus, May 1996.

Martin, Steve J., "Prison Reform Litigation: Shifting the Debate From Rhetoric to Reason," Alan

Fortunoff Criminal Justice Colloquium, Center for Research in Crime and Justice of New York

University School of Law, February 26, 1996.

Martin, Steve J., Perspectives on Justice, “Inmates Haven’t Changed, Prisons Have,” Los Angeles

Times, July 1998.

Martin, Steve J., “Sanctioned Violence in American Prisons,” Building Violence: How America’s

Rush to Incarcerate Creates More Violence, edited by John May, Sage Publications, Inc., January

2000.

Martin, Steve J., “Corrections in the New Millennium: The Mean Season,” Voice for the Defense,

Texas Criminal Defense Lawyers Association, Vol.29 Number 2, March 2000.

Martin, Steve J., “Introduction,” Frontiers of Justice, Volume 3: The Crime Zone, Biddle Publishing

Co., Brunswick, Maine, March 2000.

Martin, Steve J., Book Review: Going Up the River: Travels in a Prison Nation, Punishment &

Society, International Journal of Penology,” Vol. 4, Number 1, January 2002.

Martin, Steve J. Book Review: Punishment & Democracy: Three Strikes and You’re Out in

California, British Journal of Criminology, Vol.43, Number 1 Winter 2003.

Martin, Steve J., Book Review: Maconochie’s Gentlemen: The Story of Norfolk Island and the

Roots of Prison Reform, British Journal of Criminology, Vol.43, Number 4 Autumn 2003.

Hill, Debbie, Larry Hammond, Bruce Skolnik, Steve J. Martin and Donna Clement; “Effective PostPLRA Settlement Models: A Case Study of Arizona’s Protective Segregation Lawsuit,” 24 Pace

Law Review 743 (Spring 2004).

Martin, Steve J., Staff Use of Force in U.S. Confinement Settings; Commission on Safety and

Abuse in America’s Prisons, 601 Thirteenth St., N.W., Washington, D. C., Washington Journal

of Law & Policy, Volume 22 (2006 ).

Martin, Steve J., Staff Use of Force in U. S. Confinement Settings: Lawful Control Versus Corporal

Punishment; Social Justice Quarterly, Vol. 33, No.4 (2007).

Martin, Steve J., Effective Expert Witnessing in Corrections Litigation: Rules, Relevance &

Reliability, Correctional Law Reporter; Volume XX No.1, June/July 2008.

Case 3:10-cv-00355-MCR-EMT Document 54-2 Filed 04/15/11 Page 26 of 31
STEVE J. MARTIN--TESTIMONY/DEPOSITION/AFFIDAVIT

January 2006 thru January 2011

1. DISABILITY ADVOCATES INC., V NEW YORK STATE OFFICE OF MENTAL

HEALTH, et al., 02-Civ.4002 (GEL); retained by plaintiffs’

attorneys, Davis Polk & Wardwell, 450 Lexington Ave., New York, NY

10017; testified through deposition regarding placement of mentally

ill inmates in disciplinary segregation in the New York State

Department of Corrections.

2. USA v Terrell County, Georgia, 1:04-CV-76-3 (WLS); retained by

the U.S. Department of Justice; testified through declaration

regarding conditions of confinement at the Terrell County Jail.

3.McCRACKEN v MELANCON, USDC WD/LOUISANA, CV 6:04CV1707; retained

by David Benoit, PO Box 877, Breaux Bridge, Lousiana 70517;

testified through deposition regarding inmate protection from harm

at the Arcadia Parish Jail, Crowely, Lousiana.

4. GILLIS V LITSCHER, et al., USDC ED/WIS, 02-CV-463; retained by

Pamela McGillivray, Garvey McNeil & McGillivray, 634 W. Main St.,

Madison, WI 53703; testified through deposition regarding

conditions of confinement at the Wisconsin Secure Program Facility.

5. SIFUENTES v CITY OF CORSICANA, et al., USDC ND/TX, 3-04DV-2307-

K; retained by Spencer Markle, Morgan & Weisbrod, 6800 West Loop

South, Suite 450, Bellaire, TX 77401; testified through deposition

regarding failure to protect detainee at the Navarro County Jail.

6. LEWIS, et al., v PRISON HEALTH SERVICES, et al., USDC

ND/GEORGIA; retained by Brian Spears, 1126 Ponce de Leon Ave, NE,

Atlanta, Georgia; testified through deposition regarding in-custody 

death during application of force at Gwinnett County Jail.

7. HOLLOWAY v MITCHELL-ODDEY, et al., New York District Court,

ND/New York; retained by Stacy L. Graczyk, Prisners’s Legal

Services of New York, 121 Bridge St., Suite 202, Plattsburgh, New

York 12902; testified through deposition regarding use of force at

the Upstate Correctional Facility, Malone, New York.

8. THOMPSON v TILTON, U.S. District Court, Northern District of

California; retained by Don Specter, Prison Law Office, General

Delivery, San Quentin, CA 94964; testified through declaration

regarding death row conditions at San Quentin.

9. IKO v GALLEY, et al., U. S. District Court, District of

Maryland; retained by Gary Adler, O’Connor & Hannan, 1666 K Street,

Washington, D.C. 20006; testified through deposition regarding use

1

Martin Exhibit B

Case 3:10-cv-00355-MCR-EMT Document 54-2 Filed 04/15/11 Page 27 of 31
of force at the Western Correctional Institution, Cumberland,

Maryland.

10. WISEMAN v ARMSTRONG, et al., SUPERIOR COURT, STATE OF

CONNECTICUT; retained by Antonio Ponvert, Koskoff,Kosokoff &

Beider, 350 Fairfield Ave., Bridgeport, Connecticut 06604;

testified through deposition and trial regarding use of force at

the Garner Correctional Facility, Newtown, Connecticut.

11. BAKER v STATE OF CALIFORNIA, et al., U.S. District Court,

Eastern District of California, Sacramento Division; retained by

Davey Turner, 215 No. San Joaquin St., Stockton, CA 95202;

regarding use of force at the Chaderjian Youth Facility, Stockton,

CA.

12. WILKERSON, et al. v STALDER, et al., U.S. District Court,

Middle District of Louisiana; retained by George Kendall, Holland

& Knight, 195 Broadway, NY, NY 10007; regarding the placement of

plaintiffs in extended lockdown at the Louisiana State

Penitentiary, Angola. 

13. NEALOUS v OZMINT, U.S. DISTRICT COURT, SOUTH CAROLINA;

retained by John Slosson, Nelson Mullins, 151 Meeting Street,

Charleston, SC 29401; regarding the inmate disciplinary procedures 

of the South Carolina Department of Corrections.

14. STATE OF OHIO v HANCOCK, COURT OF COMMON PLEAS, WARREN COUNTY,

OHIO; retained by Greg Myers, Ohio Public Defender’s Office, 8 East

Long Street, Columbus, Ohio 43215; testified during punishment

phase of death penalty trial.

15. BERNAL v STATE OF ARIZONA, SUPERIOR COURT, MARICOPA COUNTY,

ARIZONA; retained by Michael Anthony, Carson, Messinger Elliott,

3300 North Central Avenue, Phoenix, AZ 85012; testified by

affidavit regarding prison homicide in the Arizona Department of

Corrections.

16.STATE OF OHIO v HANNA, COURT OF COMMON PLEAS, WARREN COUNTY,

OHIO; retained by Ohio Public Defender’s Office, 8 East Long St.,

Columbus, Ohio 43215; testified evidentiary hearing in federal

court.

17. TINEY-BEY, et al.,v PETERS, et al., USDC ND/ILL; retained by

Everett J. Cygal, Schiff-Hardin, 6600 Sears Tower, Chicago, Ill

60606; testified by deposition and trial regarding conditions at

the Illinois Treatment & Detention Facility for Sexually Violent

Persons.

2

Case 3:10-cv-00355-MCR-EMT Document 54-2 Filed 04/15/11 Page 28 of 31
18. STATE OF FLORIDA v DICKENS, et al., Circuit Court, 14th Judicial

District of State of Florida, in and for Bay County; testified by

deposition regarding the death of Martin Lee Anderson.

19. BENJAMIN v HORN, et al., USDC SD/NY; retained by John Boston, 

the Legal Aid Society, Prisoners’ Rights Project, 199 Water St.,

New York, New York; testified by affidavit regarding conditions of

confinement at the Central Punitive Segregation Unit, New York City

Department of Corrections.

20. STRUTTON & MURRELL v MISSOURI DEPT OF HEALTH; USDC ED/Missouri;

retained by Roger Heidenreich, Sonnenschein Nath & Rosenthal, One

Metropolitan Square, Suite 3000, St. Louis, MO 63102; testified by

deposition regarding the conditions of confinement at the Missouri

Sexual Offender Treatment Center, Farmington, MO.

21. JOHNSON v SOUTHERN HEALTH PARNTERS, et al., USDC MD/GEORGIA;

retained by Brian Spears, 1126 Ponce de Leon Ave., NE, Atlanta,

Georgia; testified by deposition regarding use of force at the

Houston County Detention Center, Warner Robins, Georgia.

22. M.P.et al., v TEXAS YOUTH COMMISSION, District Court of Travis

County, 53rd Judicial District; retained by Richard Lavallo,

Advocacy, Inc., 7800 Shoal Creek, Suite 171-E, Austin, TX 78757;

testified at hearing regarding use of force.

23. YOUNG v COUNTY OF COOK, et al., USDC ND/ILLINOIS; retained by 

Mike Kanovitz, Loevy & Loevy, Chicago; testified by deposition

regarding strip searches at the Cook County Jail. 

24. RUTLEDGE & MEJIA v COUNTY OF COOK, et al., USDC ND/ILLINOIS; 

retained by Matthew O. Skoglund, Sonnenschein, Chicago; testified

by deposition and trial regarding use of force at the Cook County

Jail. 

25. STATE OF NEVADA v TAMIR HAMILTON, Washoe County, Nevada, CR06-

2500; retained by Washoe County Public Defender; testified during

punishment phase of death penalty trial.

26. WELLS v STATE OF LOUISIANA, et al., 6th Judicial District Court,

Parish of Madison, 96-127;retained by Tony Bruscato, PO Box 2374,

Monroe, LA 71207; testified by deposition regarding death of inmate

confined at the Madison Parish Detention Center, Tallulah, LA.

27. WILLIAMS v GWINNETT COUNTY, et al., USDC ND/Georgia, 1:06-CV0051-RWS; retained by Joan Crumpler, Morgan & Morgan, 191 Peachtree

St., Atlanata, GA 30303; testified by deposition regarding death of

inmate confined at the Gwinnett County Detention Center.

3

Case 3:10-cv-00355-MCR-EMT Document 54-2 Filed 04/15/11 Page 29 of 31
28. FAIRLEY & GACKOWSKI v ANDREWS, et al., USDC ND/ILLINOIS, 03-C

5207; retained by Mary Rowland, Gessler Huges Socol, 70 West

Madison St., Chicago, Illinois 60602; testified by deposition re

deprivation of 1st Amendment rights under Sectin 1983.

29. PAULIN v ZALUCKY, et al., USDC SD/NY, 01 Civ. 2686; retained by

Amy Howlett, Sullivan & Cromwell, 125 Broad St., NY, NY 10004;

testified by deposition re excessive use of force at the Fishkill

Correctional Institution.

30. VERGES v STATE OF NEW YORK, COURT OF CLAIMS, 107755, Syracuse;

retained by Joan Magoolaghan, Koob & Magoolaghan, 221 Devoe Ave.,

Yonkers, NY 10705; testified at trial re protection from harm at

the Cape Vincent Correctional Facility.

31. LEORNARD v STATE OF LOUISIANA, et al., USDC WD/LA, Shreveport

Div., No.07-cv-0813; retained by Katie Swchartzmann, P.O. Box

56157, New Orleans, LA 70156; testified by deposition re

publication censorship at the David Wade Correctional Center,

Louisiana Department of Public Safety and Corrections.

32. ESTATE OF ILETA ZANK v COUNTY OF EATON, et al., USDC MICHIGAN,

Southern Division; retained by Neil Wilensky, 6500 Centurion Dr.,

Lansing, MI 48917; testified by deposition re jail suicide.

33. CARTY v GOVERNOR DEJONGH, USDC VIRGIN ISLANDS, St. Thomas;

retained by Eric Balaban, National Prison Project, 915 15th St., NW,

Washing, DC 20005; testified at trial re conditions of confinement

at St. Thomas prisons.

34. HICKS v HETZEL, USDC MD/ALABAMA, retained by Sarah Geraghty,

Southern Center for Human Rights, 83 Poplar St., Atlanta, Georgia,

30303; testified by deposition re conditions of confinement at the

Donaldson Correctional Facility. 

35. SIVERSTEIN v FEDERAL BUREAU OF PRISONS, USDC COLORADO, retained

by Laura Rovner, Civil Rights Clinic, University of Denver, 2255 E.

Evans Ave., Denver, CO. 80208; testified by deposition re

confinement of prisoner in extreme isolation at Administrative

Maximum Facility (“ADX”), Florence, CO.

36. KALM v KEARNEY, Superior Court of the State of Delaware In and

for Kent County, retained by Stephen Hampton, Grady & Hampton, 6

North Bradford, Dover, Delaware 19904; testified by deposition re

use of force at the Sussex Correctional Institution.

4

Case 3:10-cv-00355-MCR-EMT Document 54-2 Filed 04/15/11 Page 30 of 31
37. TORRES v LUCIO, USDC/SD TEXAS, retained by Alberto L. Guerrero,

Reed, McLain & Guerrero, 3900 North 10th Street, Suite 850, McAllen,

Texas 78501; testified by deposition re in-custody death at the

Cameron County Jail, Brownsville, Texas.

38. ROBINSON v HORN, USDC WD/PENN, retained by Mary Walsh,

Community Justice Project, 429 Forbes Ave., Pittsburgh, PA;

testified at trial re restraints policies the State Correctional

Institution, Pittsburgh.

39. SOLIS v BACA, USDC CD/CALIFORNIA, retained by Barry Litt, Litt,

Estuar, Harrison & Kitson, 1055 Wilshire Bldv., Los Angeles re

body cavity searches at the Los Angeles County Jails; testified by

deposition.

40. DUNLAP v ZAVARAS, USDC COLORADO, retained by Gail K. Johnson,

1401 Walnut Street, Suite 201, Boulder, CO 80302, re outdoor

recreation at the Colorado State Penitentiary for death row inmate;

testified by deposition.

41. SHREVE v REED, USDC SD/OHIO,retained by Jane Perry, Ohio Legal

Rights Services, 50 W. Broad St., Columbus, Ohio 43215, re use of

force at Franklin County Jail, Columbus; testified by deposition.

5

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