Maybe it was cynical courtroom theatre, or maybe the attorney for the Corrections Corporation of America (CCA) believed it when he ridiculed the very idea that prison guards would retaliate against prisoners for conducting a hunger strike to protest their incarceration by the INS. In his closing for the defense ...

CCA Packs Positions With
High-Profile Politicians

by Michael Rigby


In an ongoing effort to make up for
what it lacks in prison management skills, Corrections Corporation of America continues to place high profile politicians with inside knowledge of state and federal prison systems in top positions within the company, sometimes even creating positions for them.


In December 2002, CCA announced the appointment of Thurgood Marshall Jr.son of late Supreme Court Justice Thurgood Marshallto the company's Board of Directors and its newly created Nominating and Governance Committee. During the Clinton administration Marshall served as both Cabinet Secretary to the President and as Director of Legislative Affairs and Deputy Counsel to Vice President Al Gore. To accomodate the appointment, CCA expanded its Board of Directors from 10 to 11 positions.


CCA is also padding the company's ranks with state level politicians. In Tennessee, after the departure of Governor Sundquist's administration, CCA hired the state's former commissioner of Economic and Community Development, Tony Grande; commissioner of Human Services, Natasha Metcalf; and deputy to the governor for Health Policy, John Tighe. CCA, which is based in Nashville, placed all of them in vice-president level positions.


CCA's political posturing continues to be paying off. In ...

Two female prisoners were raped by
Santa Fe jail guards within a ninety-day period. Santa Fe guards have been implicated in at least eight sexual assaults since 1999. Two of the victims were-minors.


In April 2003, John Robertson, 39, was charged with two counts of second degree criminal sexual penetration of a 16-year-old female prisoner at the Santa Fe County Youth Detention Center. Jail officials from the juvenile facility declined to comment about the incident.


Most recently, an unnamed 39-year-old guard was accused of raping a female prisoner in the Santa Fe County Jail on June 13, 2003. Sheriff Greg Solano would say only that the case was "still under investigation..."


The victim was taken to St. Vincent Hospital but "due to circumstances surrounding the case, a rape kit was not done." As of June 17, 2003 no administrative action had been taken against the guard.


Substandard medical conditions at the Santa Fe County Detention Center (SFCDC) prompted federal investigators to declare that facility unconstitutional. Sanitary conditions caused such concern that Warden Cody Graham and Major Greg Lee were removed from their jobs. It was under these inhumane and insensitive conditions that Jimmy Villanueva died.


SFCDC is run by Utah ...

Private Transport Company Settles
Female Prisoner's Sexual Assault Suit


Extraditions International, Inc., now
defunct, and its successor company, American Extraditions, Inc., settled with a female prisoner who claimed she had been sexually harassed and sexually assaulted by a company guard during transport.


Robin Darbyshire, a 43 year-old female resident of Nevada was extradited to Routt County Jail in Steamboat Springs, Colorado. Extraditions International handled the transport under contract to Routt County Jail. Darbyshire was in transit from May 13, 2001, through May 16, 2001, under supervision of guards Richard Almendarez and Darryl Hudnall. The trip passed through parts of five states. At the time of the trip, according to the complaint, the company lacked legally-required insurance and carrier permits. Further, Almendarez, who was armed, had been previously fired from a Texas prison for assaulting a prisoner and not reporting it


Darbyshire claimed that she was cuffed and shackled too tightly almost all of the trip by Almendarez. Her hands were numb from the cuffs. Her boots were cut by the shackles, and her abdomen was chafed raw by the belly chain. She also claims that Almendarez drove the van erratically at high speeds, hitting bumps so hard that prisoners were ...

Sentences Upheld for TransCor Driver
Who Raped and Terrorized Prisoners

by Matthew T. Clarke


A Texas court of appeals has upheld
a TransCor driver's two-year sentence for having sex with a prisoner and ten-year sentence for sexual assault of a female prisoner while terrorizing the other prisoners in the van.


Michael Jerome Edwards was a driver for TransCor America, a private prisoner transport company owned by Corrections Corporation of America. The victim was arrested in Corpus Christi, Texas, on an outstanding warrant from Harris County, in Houston, Texas. On October 19, 1999, Edwards and David Jackson, another TransCor driver, were assigned to transport the victim to Harris County in a van. The van was divided into three screened off areas with 8" x 8" portholes for feeding the prisoners.


All of the prisoners in the van were handcuffed and shackled with a chain running from the handcuffs to the shackles. Three prisoners and the victim of the sexual assault were in the van. During the trip, Edwards inserted a gun in the victim's vagina. Together with Jackson, Edwards (1) pulled to the side of the road and threatened to shoot all the prisoners in a mock escape; (2) performed "screen ...

The U.S. Court of Appeals for the Fourth Circuit held that a part-time
contract physician was not acting under color of state law for purposes of
§ 1983 when treating a prisoner. Plaintiff Quincy West, a North Carolina
state prisoner, brought § 1983 action against the Governor, the prison
director and Samuel Atkins, M.D. who, acting under contract with the
state, treated a tear to West's left achilles tendon. West alleged the
treatment was inadequate and that this violated his Eighth Amendment right
to be free from cruel and unusual punishment. A U.S. district court
granted defendants' motion for summary judgment. On prisoner's appeal, the
Fourth Circuit affirmed in part and remanded in part, West v. Atkins, 799
F.2d 923 (4th Cir. 1986). On subsequent appeal, the Fourth Circuit held:
1) According to prior case law, prison physician working under contract
with the state could not be acting under color of state law for purposes
of § 1983. 2) With respect to the other two defendants, their "personal
involvement" had no relevance without assertion of facts showing that they
were authorized to overrule the physicians treatment decisions. [This case
eventually went to the U.S Supreme Court]. See: West v. Atkins, ...

According to the Toronto Star, on September 20, 2002, more than a hundred
prisoners at the privately-run Superjail in Penetanguishene, Ontario,
attempted to escape using a battering ram. According to Ontario Provincial
Police, the prisoners, who were armed with homemade weapons and crude gas
masks, breached several layers of security. However, Central North
Correctional Centre (CNCC) officials, speaking to reporters later that day,
refused to confirm that a battering ram or weapons were used. According to
them, the disturbance was limited to a 175-man housing area and all of the
prisoners were back in there cells less than two hours after the
disturbance began.

CNCC is run by U.S. private prison company Management and Training
Corporation. It was designed to help replace 20 older jails around the
province. The plan calls for two more superjails in Maplehurst and Lindsay
and envisions savings of $500 million a year.

The superjail has a total of 1,184 beds, 32 of which are designated for
women. Prisoners at CNCC consist of about 1,000 serving up top a day less
than two years and around 200 pretrial detainees. According to a
confidential provincial cabinet document leaked in 2000, the Ontario
government is planning to use ...

The Ben Reid Community Correctional Facility in northeast Houston is run by
Houston-based Cornell Companies, Inc., under a $4.8 million contract with
the Texas Department of Criminal Justice. In May, 2004, Roy Thomas, 50, Ben
Reid's director of employee training, was arrested after police, acting on
confidential information, found 212 tablets of the prescription pain
medication hydrocondone and 123 tablets of the prescription anti-anxiety
drug Xanax in his car. Thomas was indicted on August 26, 2004, for the
first-degree felony of possession with intent to distribute.

The discovery of the drugs led Cornell to give drug tests to all 80 Ben
Reid employees. This led to the resignation of seven employees. In 2003,
Cornell had fired Ben Reid's director and several upper-level managers for
poor management and multiple corporate policy violations. In August, 2004,
Cornell's shareholders met in Houston and called for the replacement of
Cornell's chairman and CEO, Harry Phillips, for poor management.

Source: Houston Chronicle

by Matthew T. Clarke

On September 21, 2004, a Travis County, Texas, grand jury handed down 33
felony indictments against people and corporations associated with
Republican U. S. House of Representatives Majority Leader Tom Delay and the
Texans for a Republican Majority Political Action Committee (TRMPAC). The
indictments included two first-degree felony charges of money laundering
and thirty third-degree felony counts of accepting, soliciting or making
illegal campaign contributions. First-degree felonies in Texan carry a
maximum of life in prison and a $10,000 fine while third-degree felonies
carry a maximum of ten years in prison and a $10,000 fine. Corporations
convicted of third-degree felonies may be fined up to $20,000.

The scandal centers around illegal corporate contributions made to TRMPAC
that were funneled on to state legislative political campaigns. The
contributors included: Alliance for Quality Nursing Home Care ($100,000);
Diversified Collection Services, Inc., California ($50,000); Sears Roebuck
and Co., Illinois ($25,000); The Williams Companies, Inc., Oklahoma
($25,000), Westar Energy, Kansas ($25,000); Cracker Barrell, Tennessee
($25,000); Bacardi USA, Florida ($20,000); Questerra. Corp., Virginia
($25,000); and Cornell Companies, Inc., Texas ($10,000)--the third-largest
private prison corporation in the U.S., which operates 71 correctional
facilities nationwide for federal, state and local governments.

According to ...

by John E. Dannenberg

Prison Health Services (PHS), a subsidiary of America Service Group, Inc. (ASG), continues to face lawsuits and lose contracts for its deplorable record of prisoner health care gaffes in a dozen states. The old maxim Physician, heal thyself might be good advice for ASG, whose stock has tanked by over 55% from March 2005 to October 2006, based largely on negative publicity from PHS. Even more disturbing is that PHS is the nation's largest for-profit provider of prisoner health care, with 110 contracts in 37 states, meaning that its low-budget solution to prisoners' health needs has become bad medicine for an increasing number of our nation's prisoners. This report is an update to PLN's six earlier reports since 2002 on PHS's sordid performance (see, e.g., PLN, May 2005, p.34 and Aug. 2005, p.1).

Alabama

Alabama's Department of Corrections (ADOC) has been the target of major federal-court ordered health care reform at the Tutwiler, Limestone and Donaldson prisons, and continues to be troubled turf for PHS. On March 6, 2005, 53-year-old insulin-dependent diabetic Teresa Morris died of what PHS called natural causes at the Tutwiler Prison for Women. Visibly unnatural, however, was Morris' condition at the time ...