ROANOKE TIMES
Copyright (c) 1997, Roanoke Times
DATE: Friday, February 7, 1997 TAG: 9702070075
SECTION: VIRGINIA PAGE: B-5 EDITION: METRO
DATELINE: RENO, NEV.
SOURCE: Associated Press
VIRGINIA'S PRISON DIRECTOR, Ron Angelone, had disciplined the inmate for a letter criticizing him while he was Nevada's prison director.
An inmate who was disciplined for a snide remark about Nevada's former prison director has been awarded $4,000 by a federal jury.
Phillip Tragale was an inmate at Ely State Prison in 1993 when he sent a letter to the Ely Daily Times criticizing a proposal to close prison conservation camps.
In the letter, Tragale said then-prison director Ron Angelone ``couldn't buy a loaf of bread and find his way home before it got stale.''
Angelone has been Virginia's prison director since 1994.
Tragale had completed a sentence for robbery and was serving time for burglary when the incident occurred.
Prison officials determined the letter violated prison rules because it presented false and misleading information.
As punishment, Tragale spent five days in disciplinary detention and lost the privilege of using electrical appliances for 30 days.
Tragale's lawsuit claimed the disciplinary action violated his constitutional right of free speech.
U.S. District Judge David Hagen agreed. On Wednesday, he gave a directed verdict finding prison officials liable.
Jurors deliberated to determine compensatory damages only. Hagen did not allow the jury to consider punitive damages.
Donald Evans, Tragale's attorney, hailed the verdict as a victory for free speech.
``I think it will deter future intentional violations of inmates' First Amendment rights,'' he said.
Deputy Attorney General Jerry Weis, who handled the case for the Department of Prisons, was disappointed by the outcome.
``The judge and jury made their decision,'' he said. ``It's their job, and now we will study the decision.''
In Virginia, Corrections spokesman David Botkins released a statement Thursday that Angelone continues to believe Tragale made a ``false and misleading statement.''
``The institution agreed it was false and took disciplinary action,'' Botkins said. ``The inmate appealed to the courts and won. Director Angelone believes people should be held accountable for their remarks.
``The courts obviously weren't that concerned about the case, because the director wasn't called out to testify.''
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