by Ed Lyon

Prison populations exploded in every state across the country during the 1980s and ‘90s. It was during that massive expansion that the modern private prison industry was born as a “way to ease the burden on taxpayers by reducing public spending on government-run facilities,” as touted by the for-profit incarcerators. In reality it has become another way to transfer public wealth in the form of tax dollars into the coffers of private corporations and their shareholders.

The American Bar Association (ABA) foresaw what was ahead, and in a 1990 resolution numbered 115B, sternly advised “governments to proceed with caution before entering into contracts with private prison companies.”

In a January 16, 2021 Executive Order, President Joe Biden issued an order barring the Justice Department from renewing contracts with private prisons, while excluding immigration detention contracts. The Justice Department’s Inspector General had already found in 2016 that private prisons “do not maintain the same levels of safety and security for people in the federal criminal justice system or correctional staff.”

In March 2021, the Sentencing Project released a report on private prisons. The report stated 115,428 prisoners were held in private prisons as …

by David M. Reutter

On June 17, 2021, Southern Health Partners paid $750,000 to resolve a lawsuit alleging it failed to take proper steps in caring for a pretrial detainee who entered South Carolina’s Marlboro County Jail with a prescription drug addiction.

Roy Locklear, 30, had a …

by Matt Clarke

On August 8, 2020, Corizon Health, Inc. agreed to pay $20,000 to settle its part of a federal lawsuit brought by an Arizona prisoner who suffered a partial foot amputation after Corizon delayed effective medical treatment.

Arizona state prisoner Edmund V. Powers fell 60 …

by Chuck Sharman

In an order and settlement agreement released on October 19, 2021, by the federal Consumer Financial Protection Bureau (CFPB), prison financial giant JPay, LLC agreed to pay $6 million in fines and restitution, after its prepaid debit cards were found to have taken unfair advantage …

by David M. Reutter

The Vermont Supreme Court concluded that under the Public Records Act (PRA) when “the state contracts with a private entity to discharge the entirety of a fundamental and uniquely governmental obligation owed to its citizens, that entity acts as an ‘instrumentality’ of the State.” That conclusion led the Court to find that Wellpath was required under the PRA to release “any records relating to legal actions and settlements arising” from the care it provided to Vermont prisoners.

The Court’s September 3, 2021 order was issued in an appeal by the Human Rights Defense Center (HRDC), the publisher of PLN. From 2010 to 2015, Correct Care Solutions, now known as Wellpath LLC, held a contract with the Vermont Department of Corrections (DOC) to provide medical care to every person in DOC’s custody. The contract paid Wellpath over $91 million.

In 2015, HRDC sent Wellpath a PRA request seeking public records relating to all payouts for claims, lawsuits, or contracts arising from Wellpath’s provision of services under that contract. Wellpath declined to provide the requested documents, asserting that as a private entity it was not subject to the PRA. HRDC sent another request …

Jessica “The Madam” Burnett is set to plead guilty to a series of charges which included conspiracy to distribute methamphetamines and marijuana as part of a major drug trafficking investigation covering several southern Georgia counties and correctional facilities.

Burnett was a sergeant at the Core­Civic-run private prison, the Coffee County Correctional Facility. At 41 years of age, charges stated that Burnett smuggled drugs, cell phones, and other items into the prison for gang members.

She and 47 other defendants were caught up in Operation Sandy Bottom begun in 2018 when the Coffee County Sheriff’s Office asked for assistance from the Federal Bureau of Investigation and the Coastal Georgia Violent Gang Task Force to address the growing drug problem in the Sandy Ridge neighborhood of Douglas, Georgia. The indictment was unsealed January 2021 and alleged 129 total charges against the defendants.

Police stated that the drug ring was run by the Gangster Disciples, expanded across Coffee, Bacon, Emmanuel, Jeff Davis, Pierce, and Wheeler counties in Georgia and was coordinated by members of the gang in the state prison system.

Burnett faces up to 20 years in prison for her crimes. She and a second guard, Idalis …

An Illinois prisoner was awarded $11 million by a federal jury in a lawsuit alleging doctors with Wexford Health Sources, Inc. (Wexford), were deliberately indifferent to his serious medical needs by failing to treat his kidney cancer. The Court also awarded $667,201.45 in attorney fees and costs.

The …

An Arizona federal court dismissed a civil rights complaint brought in June 2020 by the Arizona State Conference of the National Association for the Advancement of Colored People (NAACP) under the novel theory that, by commodifying people for profit, the state’s contract with private prison companies created a form of slavery prohibited by the Thirteenth Amendment as well as more conventional challenges based on alleged Eighth and Fourteenth Amendment violations.

Jeffey Nielsen, Larry Hilgendorf, Terry Browness, Joseph Bulen, and Brian Boudreaux are Arizona state prisoners being held in privately-operated prisons pursuant to contracts between various private prison companies and the Arizona Department of Corrections, Rehabilitation & Reentry (ADCRR). They and the NAACP filed a class action complaint for themselves and other ADCRR prisoners held in private prisons, alleging the use of prisoners as fungible assets and commodities for profit created of a form of prohibited slavery, constituted cruel and unusual punishment, and violated due process and equal protection rights.

In an order filed March 8, 2021, the court held that the plaintiffs had not alleged any facts showing that those held in private prisons are forced to perform labor in keeping with traditional notions of slavery or …

Charles Talbert settled with Correctional Dental Associates (CDA) and Dental Practitioner Dr. Schneider for $23,000 in a lawsuit brought by him for inadequate dental treatment while housed in the Philadelphia Department of Prisons (PDP).

While being held in the PDP, Talbert requested extensive dental work to repair his …

by Matt Clarke

On July 16, 2021, an Arizona federal court issued an order rescinding its 2015 approval of the settlement agreement (“Stipulation”) in a class action civil rights lawsuit challenging the adequacy of medical, dental, and mental health care in the Arizona Department of Corrections (DOC) as well as conditions of confinement in the DOC’s maximum custody units, including claims of inadequate nutrition, lack of opportunities for physical exercise, and extreme social isolation and environmental deprivation.

The lawsuit was filed in 2012 and is formerly known as Parsons v. Ryan. After two and a half years of litigation, the court approved the Stipulation put forth by the parties. In it, the DOC agreed to changes in health care and maximum custody. Implementation was monitored and assessed against specific performance measures. The monitoring would end if the DOC achieved 75% compliance the first year, 80% compliance the second year, and 85% compliance thereafter. The health care performance measures were the National Commission of Correctional Health Care standards, which were also used in DOC contracts, first with Corizon and later with Centurion.

“Over the past six years, Defendants have consistently failed to meet many of the …