Loaded on
Aug. 15, 2005
published in Prison Legal News
August, 2005, page 27
On August 12, 2004, Wackenhut Corrections Corporation, now known as GEO Group, Inc., settled a suit alleging that inadequate medical care at a 640-bed Wackenhut-run jail caused a prisoner to give birth prematurely.
Melissa Villarreal, 32, a former prisoner at the Wackenhut-run jail in downtown San Antonio, was arrested for ...
By John E. Dannenberg
The Alabama Department of Corrections (ADOC) settled a class action federal civil rights lawsuit brought by Limestone Correctional Facility AIDS-afflicted prisoners who had complained of unconstitutional conditions of medical treatment and confinement that resulted in excessive suffering and a high mortality rate. The settlement implicated performance failure of Limestone’s former contract medical provider, NaphCare, Inc. The instant settlement is in addition to earlier hepatitis-C and working-conditions settlements previously reported in PLN (Oct. 2003, pp.3, 5; Jan. 2003, p.12).
Antonio Leatherwood and four other Limestone prisoners sued Donald Campbell, Commissioner of ADOC, Ronald Cavanaugh, Director of Treatment of ADOC, Billy Mitchem, Limestone’s Warden and David Wise, Deputy Warden in a 42 U.S.C. § 1983 class action suit for injunctive relief for all AIDS-afflicted Limestone prisoners. The impetus of the suit was to end the years of pain and suffering and ensure that medical care would improve. U.S. District Magistrate Judge John Ott (U.S.D.C., N.D. Ala. (Western Div.) had found, “It is evident that lives were lost due to preventable lapses in the medical treatment. HIV prisoners died without necessary intervention by the Limestone medical staff or ADOC.”
Indeed, court-appointed mortality expert Dr. Stephen Tabet found that 42 ...
Loaded on
June 15, 2005
published in Prison Legal News
June, 2005, page 11
Five years after beginning its first flirtation with for-profit prisons, Michigan is learning an invaluable lesson: Despite the hype, private prisons are not cost-effective.
In the months following its 1999 opening, the Michigan Youth Correctional Facility (MYCF) was criticized over assaults, staff turnover, and suicide attempts. Now critics contend that MYCF, coarsely referred to as the punk prison," is gouging taxpayers for high security costs when the majority of its young prisoners could be housed more cheaply in lower security prisons. MYCF is operated by the Geo Group Inc., formerly known as Wackenhut Corrections Corporation [see PLN, June 2004, pg. 16].
Approved in 1996 during the height of the get tough on crime" craze, MYCF was part of a juvenile justice reform package that promised adult time for adult crime." The prison comes complete with two adult-sized gun towers and an armed perimeter patrol.
But when the hordes of young superpredators" propagandized in the 1990s never materialized, says Elizabeth Arnovits, executive director of the Michigan Council on Crime and Delinquency, the state simply decided to fill the prison with other kids. The numbers bear this out. In late March 2004, two-thirds of the prisoners were low security (levels 1 and ...
Loaded on
June 15, 2005
published in Prison Legal News
June, 2005, page 24
by Matthew T.Clarke
A federal district court in New York has held that Correctional Services Corporation (CSC) may be liable for retaining an employee at a CSC-run halfway house after his sexual abuse of female prisoners was reported to another CSC employee.
Yvette Adorno and Stephanie Womble, federal prisoners formerly confined at Le Marquis Community Correctional Center, a New York city halfway house for state and federal prisoners, filed suit against CSC in New York federal court, alleging CSC employee Miguel Correa sexually abused them at Le Marquis. Correa's job was Resident Advocate. He was responsible for protecting prisoners' rights in disciplinary actions.
On the evening of November 13, 1998, Correa allegedly picked up Adorno's shirt, touched her breasts, made various inappropriate sexual comments ..., kissed her and pushed his body up against her," only allowing her to leave his second-floor private office after she threatened to scream and promised not to report the incident." Adorno did not report the incident to any federal Bureau of Prisons (BOP) or CSC official because of threats by Facility Administrator Josette Nelson-Dabo to send prisoners who complained about conditions at Le Marquis back to prison. Adorno told another prisoner about the abuse the ...
Loaded on
June 15, 2005
published in Prison Legal News
June, 2005, page 32
by John E Dannenberg
An immigration detainee of seven years, who had unsuccessfully sued his jailer, Corrections Corporation of America (CCA) and its employees for severely beating him during a medical emergency transport, was granted a new trial with appointed counsel. The Ninth Circuit U.S. Court of Appeals held that the complexity of the case should have alerted the district court to grant the detainee's original motion for appointment of counsel, the lack of which reduced his chances of prevailing to virtually nil.
Emmanuel Agyeman, a native of Ghana deemed an illegal alien by the Immigration and Naturalization Service (INS), had been detained" since February 4, 1997. He was found deportable on July 28, 1997, but the ruling was overturned on July 23, 2002, (Agyeman v. INS, 296 F.3d 871 (9th Cir. 2002)) and remanded for a full and fair hearing. Meanwhile, part of his unending federal detention was spent in facilities operated by private contractor CCA, where he claimed he was mistreated.
Agyeman complained that on October 11, 1998, while he was a pre-trial detainee at CCA's Central Arizona Detention Center, he was beaten by shift supervisor Captain Lopez, by Lt. Egber and by a Sgt. John Doe." Agyeman ...
Loaded on
June 15, 2005
published in Prison Legal News
June, 2005, page 34
by Michael Rigby
Prison Health Services (PHS) has killed another patient. According to a highly critical 10-page report released by the New York State Commission of Correction on June 23, 2004, the 2001 death of Brian Tetrault, a prisoner in the custody of the Schenectady County Jail, was the result of grossly inadequate and incompetent treatment of his Parkinson's disease. Health care at the jail was provided by PHS, a private, for-profit company based in Tennessee.
Tetrault, a long time sufferer of Parkinson's, was arrested for burglary, larceny, and harassment on November 10, 2001, and placed in the Schenectady County Jail. At the time of his imprisonment, Tetrault, 44, was taking a total of seven drugs to control the psychiatric and physical symptoms associated with the disease. Under the care of the Albany Medical College Parkinson's Disease and Movement Disorders Center (AMCH), the drugs had kept Tetrault alive for a decade.
But when Tetrault arrived at the jail, his medication regimen was drastically altered. Dr. W. Duke DeFresne, a PHS physician, discontinued all but one of Tetrault's medications, and even that was reduced. (Notably, none of the discontinued medications were found in the jail's pharmaceutical formulary.) Unthinkably, DeFresne made these ...
Loaded on
June 15, 2005
published in Prison Legal News
June, 2005, page 37
In a detailed 98 page report to Governor Arnold Schwarzenegger and the California Legislature, the California State Auditor criticized the California Department of Corrections' (CDC) lax management of contract outside-hospital medical services for CDC prisoners. The July 27, 2004 report observed that CDC's costs rose at a rate of 21% per year between 1999 and 2003, versus the national average hospital services consumer price index growth of 8% per year. The growth in in-patient hospital costs was attributed to the need for more expensive services, while the growth in out-patient costs was driven by both more expensive and more numerous hospital visits.
It should be noted that this report pre-dates any effect from the recent Plata v. Schwarzenegger settlement agreement to remedy CDC's constitutionally inadequate health care services statewide. Plata requires implementing more stringent (and expansive, e.g., HCV treatment ) standards for prisoner health care estimated to add hundreds of millions of dollars exposure per year. The report concludes with twelve recommendations to CDC [and reports CDC's invited response] on how better to manage procedures in contracting with outside healthcare facilities. But it does not even address the overriding cost driver: a rapidly aging population of over 30,000 condemned, lifer ...
PHS Medical Care At Rikers Fails In Evaluation
by Paul Von Zielbauer
A recent evaluation of the company in charge of prisoner health care at Rikers Island, coming months after it was awarded a new $300 million contract, has found that it has failed to meet a number of the most basic treatment goals. City records showed that the company, Prison Health Services Inc., did not meet standards on practices ranging from H.I.V. and diabetes therapy to the timely distribution of medication to adequately conducting mental health evaluations.
The city Department of Health and Mental Hygiene, which oversees the company’s work at Rikers Island and at a jail in Lower Manhattan, found that during the first quarter of 2005, Prison Health failed to earn a passing grade on 12 of 39 performance standards the city sets for treating jail prisoners. Some of the problems, like incomplete medical records or slipshod evaluations of mentally ill prisoners, have been evident since 2004 but have not been corrected, according to health department reports.
Other problems identified in the department’s review, involving things as serious as the oversight of prisoners who have been placed on suicide watch, are more recent or had not been ...
Loaded on
May 15, 2005
published in Prison Legal News
May, 2005, page 19
by Matthew T. Clarke
It is well know that large corporationsespecially those that are prone to feast at the government troughmake donations to political parties and candidates. Most companies like to hedge their bets, donating to both major political parties. Nationwide, Fortune 500 companies gave between 62 and 75 percent of the donations from their political action committees (PACs) to Republicans. Most of the rest went to Democrats. However Corrections Corporation of America's (CCA's) PAC gave over 96 percent of its $149,500 in political donations to Republicans according to Federal Elections Commission filings through August 2004.
The less than 4% Democratic donations included a total of $5,000 given to Tennessee Representatives Jim Cooper, Lincoln Davis, John Tanner and Harold Ford, Jr. Tennessee is CCA's home state. Most of the donations were made in states, such as Tennessee, Colorado, Georgia and Florida, where CCA runs private prisons.
Another nationally-known Tennessee-based company, FedEx, says that it gives about sixty percent of its donations to whichever party is in power. The other 40 percent is given to the opposition.
One exception to CCA's fund the Republicans" rule came in the closely-contested Washington state gubernatorial election. There CCA gave $1,350 each to Republican candidate ...
Loaded on
April 15, 2005
published in Prison Legal News
April, 2005, page 14
Four Guards Suspended By CCA Following Their
Murder of Prisoner in Tennessee Jail
by Matthew T. Clarke
Four male CCA Guards have been placed on paid administrative leave following their murder of a female prisoner at the CCA-run Metro-Davidson County Detention Center (MDCD) in Nashville, Tennessee.
Estelle Richardson, 34, a prisoner in MDCD, was found on the floor of her cell by emergency personnel responding to a call placed at 5:37 a.m. on July 5, 2004, saying that a female prisoner was injured and needed medical help. Richardson had been in an altercation with a guard or guards in her isolation cell the previous morning. Richardson's death was ruled a homicide after an autopsy revealed that she died from blunt trauma" to the head which caused a skull fracture and had also suffered internal injuries. Richardson had been indicted for the non-violent offense of food stamp fraud and was charged with probation violation.
CCA placed guards Joshua D. Stockman, 23; Keith Andre Hendricks, 35; William Wood, 26; and Jeremy Nesse, 24, on paid administrative leave after the ruling. Stockman, who had been with CCA a little more than a year, has studied martial arts and had previous employment as a ...