The U.S. court of appeals for the Eleventh Circuit held that a forum selection clause in an indemnity agreement between the Sheriff of Polk Co., Florida and Prison Health Services (PHS), which allowed contract disputes to be brought in the state circuit court, was mandatory rather than permissive.

This case offers a classic example of the privatization of prisoner health care. Cutting costs to increase profits frequently leads to tragic consequences, and in the long run costs are increased, while prisoner health care declines.

In this instance, PHS entered into a contract with the Sheriff to provide medical services to prisoners in the county's jails. Four years later, a county jail prisoner suffered a head injury, which required immediate hospitalization. However, PHS failed to render the necessary treatment and the prisoner lapsed into a vegetative state.

As a result of the prisoner's chronic condition, his guardian brought suit against the Sheriff. Since the contract between the Sheriff and PHS contained an indemnity clause holding the Sheriff harmless from such claims, the Sheriff's insurer asked PHS to intervene. Contrary to the terms of the contract, PHS refused.

The Sheriff's insurer then informed PHS that the prisoner's claim exceeded the Sheriff's $1 ...

Nashville-based Prison Realty Trust, the parent company of Corrections Corp. of America (CCA), has hired a leading public relations firm to improve its image.

In Sept. 1999 Prison Realty retained Los Angeles-based Sitrick & Co., which specializes in crisis management. Sitrick will handle Prison Realty's media relations and communications with investors and stock analysts.

Prison Realty has faced negative media attention due to escapes and riots at CCA facilities, and is presently facing almost a dozen shareholder suits for allegedly withholding financial information [PLN, Nov. 1999].

Sitrick & Co. was founded by Michael Sitrick, author of Spin: How to Turn the Power of the Press to Your Advantage, and has handled high-profile PR problems for other large corporations.

Source: The Tennessean

A federal district court in Maine held that a miscarriage is a serious medical condition, but dismissed a state law medical negligence claim for failure to comply with the pre-suit screening requirements of the Maine Tort Claims Act (MTC).

On June 13, 1996, Melissa Ferris was booked into the Kennebec County (Maine) Jail. The following evening Ferris complained to jail nurse Sprowl that she was having a miscarriage. Sprowl, who was employed by Allied Resources for Correctional Health (ARCH), failed to provide meaningful treatment, and within hours Ferris miscarried.

Initially, Ferris brought suit in state court against the county, ARCH, Sprowl and two jail g uards, but the action was promptly removed to the federal forum. In her amended complaint, Ferris asserted three counts: (1) a civil rights violation, (2) medical negligence, and (3) negligent infliction of emotional distress. This opinion is limited to Sprowl's motion to dismiss.

The court easily rejected Sprowl's defense of failure to state a claim, finding that Ferris's medical condition "was plainly serious," and noting that "Sprowl apparently made no effort to assess or treat" Ferris, beyond some cursory maneuvers. The court recognized that "clearly inadequate" treatment is tantamount "to a refusal to provide essential ...

Previously, PLN has reported problems at the Lea County Corr. Facility in Hobbs, New Mexico, one of two prisons in the state operated by Wackenhut Corrections Corp. Violent incidents at the Hobbs facility have included at least 9 stabbings, two of them fatal [PLN, June 1999], and an April 6, 1999 riot in which 13 guards and a prisoner were injured [PLN, Sep 1999]. The prison experienced another murder on June 17, 1999 when Richard Garcia, 47, was stabbed to death in his cell.

Last August the violence spilled over to Wackenhut's other New Mexico prison, the Guadalupe County Corr. Facility in Santa Rosa, 110 miles east of Albuquerque. Wackenhut receives $25 million a year to house 1,500 prisoners -­about 30 percent of the state's prison population -- in the Hobbs and Santa Rosa facilities.



"An All-Out Riot"


Orlando Gabaldon, 51, serving a life sentence, was killed by another prisoner at the Santa Rosa facility on August 22, 1999; he was beaten to death with a bag of rocks. Gabaldon's murder was the fourth in 9 months at the Wackenhut facilities -- the highest number of deaths in New Mexico prisons since the 1980 Santa Fe uprising that claimed 33 ...

Correctional Services Corp. (CSC) announced Aug. 23, 1999 that it was withdrawing from an $8.7 million-a-year contract to operate the Pahokee Youth Development Center, a 350 bed Florida juvenile facility, 8 months before the contract is due to expire.

The announcement came six weeks after the Pahokee facility failed a major state inspection and one week before a court hearing on safety concerns at the privately-operated youth center. State inspectors had criticized the facility's counseling services, poor physical condition, education programs, disruptive atmosphere and continued complaints of physical abuse by staff members.

After reviewing the inspection report Juvenile Court Judge Ron Alvarez compared the CSC-run youth center to a "third-world country that is controlled by ... some type of evil power," and gave the company 7 weeks to make improvements. "Treatment of these children, so far, based upon this report, comes dangerously close to being inhumane," Alvarez said.

The Pahokee youth center has gone through five administrators since it opened in 1997, and has been criticized by state monitors and child-welfare advocates for poor manageme nt and excessive use of force. The Washington-based Youth Law Center has condemned conditions at the facility as a "denial of basic constitutional rights." There ...

In Nov. 1998 Corrections Corporation of America (CCA) opened the Diamondback Corr. Facility in Watonga, OK and filled it with prisoners from Indiana and Hawaii. According to a prisoner housed at the facility there was a great deal of tension between the two groups, which resulted in numerous fights.

CCA reportedly did not separate the Hawaiian and Indiana prisoners until early June 1999, and then still allowed them to co-mingle at meal times when they were fed in the same dining area. On June 22 a brawl between Indiana and Hawaiian prisoners broke out as lunch as being served; the disturbance escalated until it involved about 80 prisoners and lasted an hour. At least two prisoners were injured and guards had to use-tear gas to regain control. Afterwards, the prison was placed on lockdown for several weeks.

Less than two months later, on August 15, 1999, another riot erupted at the Diamondback facility, which had since started housing Oklahoma and federal prisoners in addition to those from Indiana and Hawaii. A prisoner who was present during the riot said a group of Hawaiian convicts staged a fight in a recreation yard, then attacked and severely beat guards who arrived to ...

In the July, 1999, issue of PLN we reported McNally v. Prison Health Services, 28 F. Supp.2d 671 (D ME 1999) in which the court denied the defendants' motion to dismiss. The case involves David McNally, an HIV positive arrestee who, while detained for three days in the Cumberland County Jail in Maine, was denied his prescribed HIV medication. The jail had contracted its medical services out to Prison Health Services, a private, for profit company.

Upon being booked into the jail McNally told PHS staff he was HIV positive and on a treatment regimen. McNally's personal doctor called the jail, spoke to PHS staff and confirmed McNally's diagnosis, prescriptions and dosages. PHS refused to provide any of the medications to McNally who then suffered chills, sweats, vomiting and ran the risk of developing a drug resistant HIV strain as a result.

McNally filed suit claiming the jail and PHS violated his right to due process and the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101. As noted above, the court denied the defendants' motion to dismiss. In this ruling, the court denied the defendants' motion for summary judgment, finding disputed issues of material fact required a trial to ...

A self-proclaimed "whore" for the California Correctional Peace Officers Association (CCPOA) in July 1999 helped kill Attorney General Bill Lockyer's proposed legislation for forming a state-level prosecutorial unit to investigate alleged crimes by state prison guards.

As it stands now, only local district attorneys (or U.S. Attorneys for federal crimes) conduct investigations when prison guards are charged with brutality or other crimes. According to the LA Times, in the last ten years not one local D.A. has successfully prosecuted a California prison guard; this in a period when 39 prisoners were shot dead and another 200 or so wounded by prison guards.

Lockyer introduced the legislation because local DA's are afraid to incur the wrath of the CCPOA. Former Kings County District Attorney Donald Strickland knows about the sting of CCPOA retribution. Strickland, who once prosecuted a prison guard for misconduct, found himself voted out of a job after the CCPOA spent $27,000 distributing campaign flyers denouncing him as a "friend of prison gangs." [See: "Corcoran Prison Sex, Lies and Videotape" PLN, Oct. 1998]

"The CCPOA torpedoed this [legislation]," Lockyer told the Times. "One of the assemblymen who voted against it, Jim Battin, pulled me aside and said, 'Bill, sorry, ...

Last May the price of shares in Prison Realty Trust Inc., the parent company of Corrections Corporation of America, fell almost 35% within a week after Prison Realty announced it would pay increased costs for building and marketing private prisons. Several investment firms downgraded Prison Realty's stock, which dropped to a 52 week low from a high of about $22 per share.

On May 14, 1999, company officials said Prison Realty will pay $4,000 per bed in incentive fees to CCA, its main tenant for new facilities -- up from a previous fee of $840 per bed. The increase, which was made retroactive to January 1, will cost Prison Realty shareholders an estimated $80 million in 1999 alone.

According to Prison Realty chairman and CEO Doctor R. Crants, the company also will pay 4.5% of the cost of each facility to CCA in business development expenses. Further, a 5% fee paid to CCA for capital expenditures has been doubled. Prison Realty officials did not mention the elevated costs in a May 5 first quarter earnings statement even though the company's board had approved the increases the day before.

Prison Realty, a real estate investment trust (REIT), distributes almost all of ...

A Corrections Corporation of America operated immigrant detention center in Elizabeth, New Jersey is under investigation due to alleged misconduct by company employees. Federal officials confirmed on April 13, 1999 that the U.S. Dept. of Justice had requested the probe, which is being conducted by the FBI. The Elizabeth Detention Center has been operated by CCA since 1997 and holds asylum-seekers and other non-criminal immigrant detainees.

On January 28, 1999, Salah Dafak a detainee at the facility, was beaten so badly that he required hospital treatment.

Kevin Simpson, who worked as a transportation officer for TransCor America, Inc. a CCA subsidiary said when he arrived at the detention center to take Dafah to the hospital he noticed that Dafali's clothes were bloody, his chin was split open and a shoe imprint was visible on his face. Simpson said CCA guards told him Dafali had injured himself by hitting his head and face against the wall of his cell. "I didn't believe it. I still don't. I don't see how you can get a shoe print on your face from a wall," he said. Simpson was fired after he allegedly refused to cooperate with an internal investigation.

Oluwole Aboyade, a Nigerian ...