by Matt Clarke

Undocumented immigrants in the United States often face wage theft when their employers underpay or refuse to pay them for their labor. A federal class-action lawsuit filed by the Attorney General for the State of Washington has highlighted how such workers continue to face wage theft even when in the custody of Immigration and Customs Enforcement (ICE). [See: PLN, Dec. 2018, p.20; June 2018, p.38].

The suit sought the state minimum wage for ICE detainees held at the 1,575-bed Northwest Detention Center in Tacoma, who were being paid $1.00 a day to labor for the facility’s operator, The GEO Group. On May 13, 2019, a federal district court granted partial summary judgment to the state and dismissed several affirmative defenses raised by GEO.

In 2017, Attorney General Bob Ferguson filed the lawsuit seeking to enforce Washington’s Minimum Wage Act, which requires workers to be paid at least $12 an hour. GEO was paying detainees who participated in ICE’s Voluntary Work Program (VWP) just $1.00 per day. VWP workers “collect and distribute laundry, prepare and serve food, clean, paint interior walls, and use electric shears to cut hair.”

ICE contracts with GEO Group to house immigrant detainees ...

by Chad Marks

Lara Ann Gillis, a 47-year-old mother, died in December 2015 after spending just over 24 hours at a county jail.

Gillis was arrested on December 4, 2015 in Monterey County, California on suspicion of being under the influence of drugs, obstructing law enforcement and possession of marijuana. ...

by Ed Lyon

Corizon Health, headquartered in Brentwood, Tennessee, is the nation’s largest private prison and jail healthcare provider. The company has, for many years, been mentioned in Prison Legal News – usually in connection with misconduct by Corizon employees, grossly inadequate medical care and lawsuits resulting in verdicts and settlements. [See, e.g.: PLN, Nov. 2018, p.60; Feb. 2017, p.32, 56; Sept. 2013, p.47]. 

Since 2017, Arizona state prisoner Arron Shawn Bossardet has been pursuing a lawsuit against Arizona DOC director Charles Ryan and Corizon employees concerning medical-related issues. He is represented by Phoenix attorney Stacy Scheff. On February 19, 2019, Scheff filed a motion seeking sanctions against the defendants for a plethora of discovery violations. She then followed up in March 2019, asking the federal district court to appoint an expert witness. 

Scheff took the defendants to task for allowing Bossardet to be transferred from an Americans with Disabilities Act (ADA) compliant prison to a non-compliant facility. She also pointed out that many documents obtained in discovery did not agree with each other and many of the documents that were automatically required to be disclosed were missing or omitted. Some of the inconsistent records did not ...

Hawaii has long been considered a tropical paradise, but those who run afoul of the law on the islands stand a good chance of being exiled. Over a third of Hawaii’s prisoners are shipped to a privately-operated facility in Arizona to serve the majority of their sentences. 

Critics have charged that separating prisoners from their families risks the possibility of increased recidivism, but the issue that has grabbed headlines is the cost. Tickets for chartered flights from Honolulu to the Saguaro Correctional Center, operated by CoreCivic (formerly Corrections Corporation of America) jumped from around $1,300 each in 2016 to $1,800 in 2018. The transportation costs totaled about $2.2 million, in addition to the $45 million per year to house prisoners at Saguaro. 

Overcrowding in Hawaii’s eight detention centers has left state lawmakers with few good options. The prison system’s 3,500 beds have been holding nearly 5,400 – a situation that has forced double- or triple-occupancy of single-man cells, with some prisoners having to sleep on the floor.

A complaint filed by the ACLU in 2017 demanded that action be taken to alleviate the overcrowded conditions, but the legislature balked at the potential $2 billion price tag for refurbishing ...

by Scott Grammer

Oumer Salim, a resident of Colley­ville, Texas, wanted to communicate with his brother, who was in an Ohio state prison. The facility used JPay for video calling, at a cost of $9.90 for each 30-minute session. So Salim began using the system. He noticed a recurring problem, however – the video calls consistently cut off before the 30 minutes were up. After that happened around 30 times, Salim, represented by Dallas attorney Bruce W. Steckler, filed a class-action lawsuit in federal district court on October 12, 2018.

According to his suit, “complaints from around the country indicate families and friends of inmates consistently complain that video sessions do not last the entire 30 minutes session.” The total amount of damages was estimated to be in excess of $5,000,000. 

The complaint alleged that “JPay intentionally manipulates the 30-minute session to provide less than 30 minutes of video time; ... JPay engaged in unlawful unfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices; ... JPay breached its contracts with Plaintiff and the Class; ... JPay breached the implied covenant of good faith and fair dealing with Plaintiff and the Class; ... JPay ...

by Kevin W. Bliss

After Florida Senate President Joe Negron stepped down from his office in the legislature, he was immediately hired by the same private prison company that he helped secure $6.9 million in state funding over the past two years.

The Boca Raton-based GEO Group announced on November 29, 2018 that Negron would fill retired John Bulfin’s post as the company’s general counsel, a position that pays $400,000 annually for a “continuous ‘rolling’ two-year term” with renewal options for up to the next 10 years, according to an SEC filing. Bulfin’s annual salary was over $500,000 and he had an overall compensation package of $2.5 million. When asked what Negron’s compensation package would be, GEO spokesman Pablo Paez refused to comment.

GEO Group had supported Negron and the senate committees he controlled since 2013, making more than $300,000 in political contributions. In addition, financial records show the company donated over $100,000 to Negron’s wife, Rebecca, and to Conservative Congress Now! – a super PAC that supported her failed 2016 congressional bid.

GEO Group operates five of Florida’s seven private prisons, for which the current state budget – which Negron had a hand in shaping – included a $4 ...

by Dale Chappell

A recent article in the journal Criminology & Public Policy posed the question of whether private, for-profit companies should be allowed to contract with government agencies to be the sole provider of criminal justice-related services, without public transparency or oversight of the prices or fees set by those companies.

While the focus of privatization in our nation’s corrections system is often on companies that operate prisons and rake in billions of dollars in revenue, another lucrative market exists for businesses that provide other criminal justice services the government would rather farm out. Private companies then effectively become substitutes for public agencies, but are able to hide behind a veil of secrecy that only corporations enjoy.

Parolees, probationers and other people on supervised release typically have numerous court-ordered stipulations they must follow, such as home detention, electronic monitoring, ignition-interlock devices on their vehicles, substance abuse treatment, payment of fines, fees and restitution, and various other requirements.

Private businesses often provide such services, which come at a price – and the parolee, probationer or defendant is usually the one who pays.

For example, in Seattle, Washington, companies install and manage court-ordered ignition interlock devices for DUI offenders. The cost ...

by Scott Grammer

Michael Todd Sabbie, 35, died on July 22, 2015 at the Bi-State Jail, which sits astraddle the border between Texas and Arkansas. He left behind four children. U.S. Magistrate Judge Caroline Craven, in a 169-page 2019 report and recommendation, discussed the extensive record of mismanagement and neglect at the jail, which is operated by LaSalle Corrections, a private company. Sabbie, who was a diabetic, asthmatic and had high blood pressure and heart disease, had been arrested following a verbal dispute with his wife. 

He was having medical issues at the jail, but when he said he was experiencing trouble breathing while returning to the facility from court, a guard threw him to the ground. Other guards jumped on top and pepper-sprayed Sabbie in the face. He was taken to the nurse’s office briefly, then placed first in a shower and then back in his cell. He was written up for “creating a disturbance” and “feining [sic] illness and difficulty breathing.” 

Sabbie was found dead the next morning. [See: PLN, Aug. 2018, p.24; Dec. 2016, p.43].

Judge Craven’s March 6, 2019 report and recommendation described how guards at the Bi-State Jail were untrained, and how there ...

On June 10, 2019, the Human Rights Defense Center and No Exceptions Prison Collective reported that from 2014 through June 2019, there were twice as many murders in the four Tennessee prisons operated by CoreCivic (formerly Corrections Corporation of America) than in the 10 prisons run by the Tennessee Department of Correction (TDOC). Also, the homicide rate in CoreCivic facilities was over four times higher than the rate for TDOC prisons. This was despite the fact that during that time period, TDOC facilities held, on average, 70% of the state’s prison population – including prisoners with higher security levels than in CoreCivic prisons.

Those findings were reported during a joint press conference held by HRDC and No Exceptions outside CoreCivic’s headquarters in Nashville. Family members of prisoners who had died at the company’s facilities spoke at the event, which was attended by the local news media.

CoreCivic operates four prisons that house Tennessee state prisoners: the Whiteville Correctional Facility (WCF), South Central Correctional Facility (SCCF), Hardeman County Correctional Facility (HCCF) and Trousdale-Turner Correctional Center (TTCC). TTCC, which opened in 2016, has been criticized in a state audit, during legislative hearings and in news reports. [See: PLN, Feb. 2018, p.46]. The ...

On June 10, 2019, the Human Rights Defense Center and No Exceptions Prison Collective reported that from 2014 through June 2019, there were twice as many murders in the four Tennessee prisons operated by CoreCivic (formerly Corrections Corporation of America) than in the 10 prisons run by the Tennessee Department of Correction (TDOC). Also, the homicide rate in CoreCivic facilities was over four times higher than the rate for TDOC prisons. This was despite the fact that during that time period, TDOC facilities held, on average, 70% of the state’s prison population – including prisoners with higher security levels than in CoreCivic prisons.

Those findings were reported during a joint press conference held by HRDC and No Exceptions outside CoreCivic’s headquarters in Nashville. Family members of prisoners who had died at the company’s facilities spoke at the event, which was attended by the local news media.

CoreCivic operates four prisons that house Tennessee state prisoners: the Whiteville Correctional Facility (WCF), South Central Correctional Facility (SCCF), Hardeman County Correctional Facility (HCCF) and Trousdale-Turner Correctional Center (TTCC). TTCC, which opened in 2016, has been criticized in a state audit, during legislative hearings and in news reports. [See: PLN, Feb. ...