by Joe Watson
For three years, elected officials in Niagara County, New York refused to give the families of Tommie Lee Jones and Daniel Pantera the satisfaction of terminating the county jail’s contract with for-profit healthcare provider Armor Correctional Health Services.
Instead Armor left on its own terms, refusing a new deal with the county when local officials denied the Florida-based company’s demands for more money and negotiated a new contract with a different for-profit medical provider.
“There is no firing. They don’t want it anymore,” said Niagara County Attorney Claude A. Joerg, referring to the jail’s healthcare contract. “It’s not a response to the report from the state.”
The report to which Joerg referred was released in 2014 by New York’s Commission of Correction and blamed the December 2012 deaths of Jones, 51, and Pantera, 46 – both just two weeks after Armor entered into a three-year contract with the county – on Dr. Steven C. Gasiewicz, the company’s medical director at the Niagara County Jail. The report found the pair of deaths were due to “grossly inadequate medical and mental health care,” and recommended that the county consider severing its relationship with Armor ...
by Joe Watson
Nothing inspires politicians to scour under the seat cushions for change like a threat to close prisons.
Following months of tense discourse and panic, the Illinois legislature extended its session in November to reach a new budget deal that would thwart Governor Pat Quinn’s plans to close seven state-run facilities, including the Logan prison complex in Lincoln and three psychiatric hospitals. A revamped budget, according to Quinn’s office, should keep the facilities open until at least the end of June.
“We are prepared to move ahead,” Quinn senior adviser Michael Gelder told the Illinois Commission on Government Forecasting and Accountability (COGFA) on Nov. 10, when the panel voted 9-2 against the governor’s plan to close Logan.
Quinn’s plan, which was unveiled in September, would have relocated Logan’s 1,980 prisoners and packed most of them into prison gymnasiums around the state. That prompted concerns within the prison system that crowding gym floors – which Illinois tried to do once before – would result in increased violence.
“I can’t tell you the numerous fights, (prisoner) assaults, and staff injuries when this did take place,” said Randy Hellman, who worked as a guard in the ...
by Joe Watson
Who does a doctor care for, or a teacher teach, at a prison without prisoners? What do employees do to earn a paycheck when the prison closes and the prisoners are gone? For at least several months in 2014, apparently all anyone had to do to get paid at the Mount McGregor State Prison in upstate New York was show up.
Mount McGregor transferred the last of its prisoners to other facilities around the state in April 2014 after the New York Department of Corrections and Community Supervision (DOCCS) announced the closing of the prison.
The announcement prompted reporters at WNYT-News Channel 13 to call DOCCS and inquire about the costs of closing a state prison. But according to WNYT, nobody from DOCCS responded to any of their questions until five months later.
WNYT reports that Mount McGregor employees—including a doctor, a dental hygienist, a senior radiological technician, an education supervisor and a teacher—were still on the payroll and reported to work at the prison "for months after the inmates were gone."
In mid-September, only after all of the prison's employees were officially ex-employees, DOCCS finally responded—albeit abruptly—to WNYT's inquiries. The ...
by Joe Watson
Spending good money to rent the movie "Monster-In-Law," starring Jennifer Lopez and Jane Fonda, is bad enough. Not returning it after nine years is downright criminal, at least in Pickens County, South Carolina, where sheriff's deputies actually arrested Kayla Michelle Finley on February 13, 2014, for not taking back the VHS tape she rented in 2005.
Finley, 27, was dealing with an unrelated matter at the sheriff's office when a warrant for her arrest issued by a Pickens County judge years before was discovered. The owner of Dalton Videos—which now, in the age of Netflix and Amazon Prime, is out of business—actually persuaded the judge to issue the warrant when Finley did not return the J-Lo flick.
According to Pickens County Chief Deputy Creed Hashe, Finley was sent several certified letters asking her to turn herself in to police. But Finley said in a post on the Fox Carolina News Facebook page after her arrest that she had moved out of state because of her husband's job, forgot about the rental and never received any letters from the sheriff's office.
What's even more ridiculous is that Finley was forced to ...
by Joe Watson
When police in Copperas Cove, Texas, enforced a city ordinance in 2013 criminalizing the failure to return public library books on time, they illustrated perfectly the perpetuation of misspent tax dollars. In October 2013, after being called to 22-year-old Jory Enck's apartment in Copperas Cove—about 70 miles northwest of Austin—to check out an unrelated disturbance, police arrested him after discovering Enck had a warrant for not returning a GED study guide he checked out from a local library three years prior.
Enck had to explain that he had not returned the book sooner because he checked it out just before beginning a three-year prison sentence for robbery. He then paid a $200 bond to get out of jail, returned the book and asked the court to sentence him to time-served.
"I think [next time] I will probably just purchase a book from Amazon," Enck told the Killeen Daily Herald after his arrest.
Copperas Cove mandated in 2002 a $200 fine for each library item that remains unreturned 20 days after a written notice is sent to the library patron demanding its return. If the fine then goes unpaid, the municipal court issues an arrest ...
by Joe Watson
Compelled by court-ordered reductions in its prison population and voter initiatives reducing penalties for drug and property offenses, California’s Department of Corrections and Rehabilitation (CDCR) incarcerates almost 30,000 fewer people in state prisons today than it did five years ago. Yet, Californians are spending nearly $500 million more annually than they did then, and the state’s costs of mass incarceration are, in fact, at an all-time high, according to a nonpartisan think tank.
Apparently, it costs significantly more to fulfill California’s constitutional obligations to prisoners. “The state has had to increase spending on healthcare in prisons,” said researcher Magnus Lofstrum of the Public Policy Institute of California (PPIC). “That has contributed to a high level of expenditures.”
And Matt Cate, a former secretary of the CDCR, believes the costs will continue to rise until California’s prison population falls even more drastically.
“The state’s not able to manage the population in an efficient way,” Cate said. “The only way to save money in prisons is to close prisons, and we’re opening prisons.”
According to a PPIC report published in September 2015, California’s prison population has fallen by 27,400 people ...
by Joe Watson
Not one executive or employee of General Motors Corporation (GM) will face jail time despite an admission by the company that it concealed an ignition switch defect that resulted in the deaths of at least 124 people and injured hundreds more.
“Unfortunately, it’s the same old story,” said Lance Cooper, a Georgia attorney. “If you have enough power and money, you can always buy your way out of truly being held accountable.”
While representing a GM victim in a lawsuit, Cooper discovered the company’s concealment of the defect, which caused crashes by suddenly shutting off the engines in moving vehicles, disabling the power steering and braking. Court documents eventually revealed that although GM engineers were aware of the defect as early as 2004, the company rejected a simple fix and instead opted to mislead the public and government regulators for years.
With the public disclosure of the defect and its cover-up, GM faced a public relations nightmare. Its CEO was called to testify before Congress. In September 2015, the company entered into a settlement with the U.S. Department of Justice (DOJ) for $900 million to resolve federal criminal charges.
A separate agreement reached at ...
by Joe Watson
A law firm that helped represent Arizona prisoners pro bono in a lawsuit against the state’s Department of Corrections (ADC) over substandard medical treatment is using the attorneys’ fees it was awarded to further other social justice initiatives. In related news, two years after reaching a settlement in the case, the state was still in violation of its terms, leaving many prisoners without adequate healthcare.
The law firm of Perkins Coie, LLP joined with the California-based Prison Law Office and the ACLU’s National Prison Project to represent 33,000 Arizona prisoners in a federal class-action suit, Parsons v. Ryan, that sought improved medical, mental health and dental care in the state’s prison system. The parties reached a settlement in October 2014. [See: PLN, Feb. 2016, p.56; Sept. 2012, p.34].
However, a Phoenix TV station reported that prisoners still were not receiving adequate care from Corizon, the ADC’s contracted medical provider. KPNX News 12 broadcast interviews with Dr. Todd Wilcox and Dr. Pablo Stewart, who identified a number of Arizona state prisoners requiring urgently needed healthcare to avoid imminent harm or even death.
Perkins Coie and the ACLU returned to federal district ...
by Joe Watson
The rights of transgender prisoners are in the throes of a major transition.
In August 2015, California’s Department of Corrections and Rehabilitation (CDCR) made the unprecedented decision to pay for sex reassignment surgery (SRS) for Shiloh Quine, 57, a transgender woman incarcerated since 1980. Seventeen months later, in January 2017, Quine became the first U.S. prisoner to receive state-funded SRS.
The decision to pay for the surgery resolved a lawsuit filed on Quine’s behalf by the Transgender Law Center, which argued that denying the procedure would violate the Eighth Amendment’s prohibition against cruel and unusual punishment.
A settlement in Quine’s lawsuit also resulted in California prison officials agreeing to provide toiletries and clothing specific to the preferences of transgender prisoners or those diagnosed with “gender dysphoria” – a recognized medical condition. See: Quine v. Beard, U.S.D.C. (N.D. Cal.), Case No. 3:14-cv-02726-JST.
The CDCR’s original position, that SRS was not medically necessary in Quine’s case, was undermined by the department’s own expert.
“[SRS] is medically necessary to prevent Ms. Quine from suffering significant illness or disability, and to alleviate severe pain caused by her gender dysphoria ...
by Joe Watson
In a September 2015 report, the ACLU of New Hampshire revealed that judges across the state were jailing impoverished defendants due to their inability to pay fines, a practice the ACLU-NH called “unconstitutional, financially unsound and cruel.”
A year-long investigation revealed that nine judges in ten circuit courts across New Hampshire were sending people to jail essentially for being poor, without appointing them counsel or a meaningful hearing to determine their ability to pay.
“The practice of jailing individuals who are too poor to pay a fine needlessly places an extra financial burden on counties by requiring them to house poor individuals who are no danger to society,” the ACLU-NH said in the report. “Beyond its illegality and cost, this practice creates additional hardships for men and women in New Hampshire who are already homeless, unemployed, or just too poor to pay.”
After receiving reports of quasi-debtors’ prisons across the state, the ACLU-NH spent the next year poring over records and court documents in each of New Hampshire’s ten counties. The organization determined, based on those records, that there were at least 289 cases in 2013 in which defendants were jailed in lieu of a fine ...