Loaded on
May 1, 2024
published in Prison Legal News
May, 2024, page 1
Prisoners caged in lockups where Aramark provides the food service rarely enthuse about great quality meals. So it may come as a surprise that an employee of the firm’s German subsidiary won a Next Chef Award on March 11, 2024. After tasting a dish that TV chef Johan Lauffer created, Niklas Herrmann, 23, was the only one of 18 contestants to correctly guess the ingredients and replicate it. President and CEO Arnd Rune Thomas called it “a testament to Aramark Germany’s commitment to empowering culinary creativity.”
If only that could trickle down to prison food. Though no longer forced to subsist on bread and water, those held in U.S. prisons and jails now represent a lucrative business opportunity for private companies including Aramark competitors Trinity and ABL Food Services. But Aramark is the leader, with around 35% of the market. The publicly traded firm is also enjoying a rise in stock price, reaching a market value of $8.44 billion at the beginning of April 2024.
Headquartered in Philadelphia, the company derives most of its revenue from food service contracts with public school districts, colleges and universities, sports arenas and national and state parks. Subsidiary Aramark Correctional Services, LLC contracts with ...
Loaded on
May 1, 2024
published in Prison Legal News
May, 2024, page 22
Six guards at West Virginia’s Southern Regional Jail were charged on November 30, 2023, in the fatal beating of pretrial detainee Quantez Burks, 37, less than a month after two fellow guards pleaded guilty to federal civil rights charges in his death.
Burks had been held just one day on a wanton endangerment charge when he was handcuffed and beaten to death by guards on March 1, 2022, allegedly in retaliation “for his earlier attempt to leave his assigned pod,” according to a press release from the federal Department of Justice (DOJ).
Guards Andrew Fleshman, 21, and Steven Nicholas Wimmer, 24, pleaded guilty in federal court for the Southern District of West Virginia on November 2, 2023, to conspiring to violate Burks’ civil rights; they face sentencing in June 2024. See: United States v. Fleshman, USDC (S.D. W.Va.), Case No. 5:23-cr-00133; and United States v. Wimmer, USDC (S.D. W.Va.), Case No. 5:23-cr-00134.
DOJ then announced that a grand jury had returned an indictment against five fellow guards allegedly involved in the assault: Mark Holdren, 39; Cory Snyder, 29; Johnathan Walters, 35; Jacob Boothe, 25; and Ashley Toney, 23. They and supervising guard Lt. Chad Lester, 33, were also charged in ...
Loaded on
May 1, 2024
published in Prison Legal News
May, 2024, page 24
For years, prisoners at the Bradley County jail in Tennessee received poor medical care or none at all. Former prisoner Darrell Eden, who was denied treatment for pre-arrest injuries sustained during a car accident, including seven broken ribs, filed a class-action lawsuit in 2018 challenging inadequate medical treatment under the ...
by Douglas Ankney
When raw sewage flooded two cell blocks at New Mexico’s Torrance County Detention Facility (TCDF) on November 14, 2023, guards working for its private operator, CoreCivic, ordered some 40 affected migrant detainees being held for federal Immigration and Customs Enforcement (ICE) to clean it up—and gave the group just two pairs of gloves. Worse, when they complained, the detainees were allegedly thrown in solitary confinement.
That prompted U.S. Sen. Martin Heinrich (D-N.M.) to fire off a letter the following month to Alejandro Mayorkas, Secretary of the Department of Homeland Security (DHS), which is ICE’s parent agency, demanding that the lockup be shut down. Heinrich noted that after the bare-handed cleanup operation, at least two detainees “suffered from rashes on the soles of their feet and legs and from respiratory problems.” When they complained, guards put them in “administrative segregation” and gave them spoiled food, as well as denying them access to attorneys, Heinrich said.
“A CoreCivic guard responsible for the night shift in their unit has repeatedly tossed the men’s belongings on the ground and threatened them with discipline, while refusing to give them his name,” he added.
Heinrich also pointed to a March 2022 “management alert” ...
by David Reutter
On March 13, 2023, the federal court for the Southern District of Georgia denied a motion to dismiss a lawsuit brought by a guard for private prison giant CoreCivic, alleging she was unconstitutionally strip-searched at Wheeler Correctional Facility (WCF).
“Though Defendants attempt to parse the definition of ‘strip search,’” the Court said that “exposure of a person’s genital area while her shirt is on certainly falls within the realm” of one.
When Ariel Curtis reported for duty on October 4, 2020, she passed through a metal detector, and it went off. Pursuant to policy, Sgt. Sharon Creamer conducted a pat-down search of Curtis, but she did not find any metal. Creamer then called Cpt. Cassandra Boney to the screening area. Together they led Curtis to the parking lot, where Bony told Curtis to pull her pants down. Though not wearing underpants, Curtis complied. The strip search uncovered no metal or contraband. Bony then searched Curtis’ vehicle but found nothing there.
Boney then demanded and took possession of Curtis’ car keys, instructing her to walk back through the metal detector. This time, it did not go off. The city of Alamo Police Department was contacted, and officer ...
by David M. Reutter
A lawsuit filed in federal court for the Western District of Arkansas on January 13, 2023, makes a stunning claim: That a man was left to starve to death in jail because he couldn’t afford bail.
Larry Eugene Price, Jr.,50, was suffering an acute mental health crisis when he walked into Fort Smith Police Department (FSPD) and was arrested on August 19, 2020. Unable to make his $1,000 bail on a charge of “terroristic threatening,” he was confined at the Sebastian County Jail (SCJ). There, just over a year later, Price was found dead in his cell on August 29, 2021. The cause of death: acute dehydration and malnutrition.
When the 6’2” Price was arrested, he was a slender but well-nourished 185 pounds. He walked into FSPD “almost every day – often several times a day,” according to the complaint filed on his behalf, which added: “It was not unusual for him to be agitated and irrational or to engage in bizarre behavior during the visits.”
On the day of his arrest, efforts to calm Price down failed. “He yelled and cursed at officers and shouted incoherently,” the complaint alleged. “At some point, he held out ...
by Chuck Sharman
Data compiled by the Transactional Records Access Clearinghouse (TRAC) at Syracuse University reveal that federal Immigration and Customs Enforcement (ICE) continues to struggle with accurate reporting of the number of migrants it tracks through its Alternatives to Detention (ATD) program. In just one week in late May 2023, TRAC found, the agency reported the number tracked with ankle monitors exploded by 3,760%.
It’s nearly impossible to believe that ICE somehow managed to get monitors on the ankles of 183,000 migrants in just one week – especially when the same week saw a nearly 85% decline in the number of migrants monitored with phone app. Together, the two technologies were used to track 228,876 migrants on May 18, 2023, versus 223,510 on May 26, 2023 – a miniscule variation of less than 2.5%.
What’s less hard to believe is that ICE simply regurgitated data fed to it by its private contractor for the program, GEO Group subsidiary BI, Inc. Least hard of all to believe is that BI and GEO Group have a big interest in the apparent obfuscation: Ankle monitors generate $2.74 in income per migrant per day, while the firm’s SMARTlink phone app generates just 96 ...
by David M. Reutter
A settlement approved by the federal court for the Eastern District of California on January 16, 2024, recalls an all-too familiar jail story. A wheelchair-bound detainee named Gregory Cantu was denied anti-seizure medication after arriving at Kings County Jail in Hanford on a probation violation. Despite ...
Loaded on
April 1, 2024
published in Prison Legal News
April, 2024, page 35
On October 17, 2023, a month after a Topeka Correctional Facility prisoner fell and had to crawl back to her cell because guards refused to help her, the Kansas Department of Corrections (DOC) fired two high-ranking guards at the prison and disciplined six others for neglecting her medical needs. No one disciplined was named.
The incident unfolded on September 7, 2023, when Elizabeth Wince fell on the sidewalk before 9 p.m. headcount, according to a fellow prisoner, who mentioned three guards by their last names—White, Crone, and Williams—and said they mocked Wince, calling her fat and lazy. Watching Wince crawl back to her cell, a journey which took a painful two hours, one guard allegedly patted her own knee and called out, “Come on, you can do it.”
Between her fall and that crawl, Wince had been denied treatment in the medical clinic. The following day, on September 8, 2023, she was hospitalized after her foot turned black. She then spent several weeks recovering from multiple broken bones in her foot. Meanwhile the guards reportedly attempted to justify their behavior by saying they thought Wince was faking her symptoms. After DOC fired or disciplined those involved, it characterized the guards’ ...
Loaded on
April 1, 2024
published in Prison Legal News
April, 2024, page 38
On September 19, 2023, the U.S. Court of Appeals for the Third Circuit revived a claim by Brian Davis, a Jamaican national held for four years at Pennsylvania’s Moshannon Valley Correctional Center (MVCC). The prison is privately operated by the Florida-based GEO Group, Inc., primarily housing low security noncitizens for the U.S. Bureau of Prisons (BOP).
While there, Davis requested to wed his fiancée, Fredricka Beckford. But his requests were denied, although he had complied with MVCC’s marriage policy—one he contended was more restrictive than BOP’s; in fact, no prisoners had been allowed to marry there since GEO Group assumed operational control.
In 2016, after Davis was released and deported, he and Beckford filed suit against GEO Group, former MVCC Warden George C. Wigen, former BOP administrator Donna Mellendick and U.S. Department of Homeland Security Assistant Field Director David O’Neill, blaming them for preventing the marriage. Proceeding under 42 U.S.C. § 1983, the couple raised claims under the Equal Protection Clause, as well as a federal tort claim for intentional infliction of emotional distress, asking for a damage award against the federal government under Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388, (1971). They later ...