by Christopher Zoukis
James Dimora, 61, was a Cuyahoga County, Ohio commissioner when he was indicted on federal racketeering and corruption charges in April 2012. While awaiting trial at the Northeast Ohio Correctional Center, operated by Corrections Corporation of America (now known as CoreCivic), Dimora was involved in a slip and fall accident and suffered injuries. He sued CCA, the facility and the federal Bureau of Prisons for negligence, premises liability and emotional distress.
During the pendency of the litigation, Dimora was convicted and sentenced to 28 years in federal prison.
The Northeast Ohio Correctional Center and the Bureau of Prisons were dismissed from Dimora’s lawsuit, and CCA moved for summary judgment. The company argued that Dimora had failed to exhaust his administrative remedies, that the water he slipped on was “open and obvious,” and that their actions were not extreme or outrageous.
The federal district court made short work of the argument that the case should be dismissed because Dimora did not exhaust his administrative remedies. There was a major flaw with CCA’s position: they had neglected to plead failure of exhaustion as a defense to the suit, so the court did not consider it.
The district court also ...
by Christopher Zoukis
A captain at the Coastal Bend Detention Center in Texas was awarded $283,549 in damages against the private prison company LCS Corrections Services, Inc. on May 21, 2013.
Captain William O. Soto alleged in his lawsuit that he assisted a female co-worker with filing a sexual harassment ...
by David M. Reutter
Florida’s Correctional Medical Authority (CMA) declared a health care emergency at the Florida Women’s Reception Center (FWRC). The crisis at FWRC is just another red flag since Florida officials privatized it in 2013.
CMA conducted an audit of FWRC between September 15-17, 2015. The number and seriousness of the deficiencies “could not be properly addressed with the standard corrective action plan process due to the lack of organizational structures apparent at this institution and an emergency notification was utilized," states the October 12 report.
“The [s]urveyors had difficulty getting the needed records for review. When received, the records were disorganized, with necessary documentation frequently misfiled or missing altogether."
FWRC held 958 prisoners during the audit, and 558 of them were in a chronic are clinic that requires assessment every six months. Another 119 require assessment every three months. Several areas of physical health care were found to be deficient in their treatment.
Among them were “multiple examples” where prisoners were evaluated and treated less frequently than required by their assigned medical grade. The surveyors found numerous instances of “delays in care were noted in consultation, follow-up for diagnostic services, the review of abnormal labs, and prescription ...
by Derek Gilna
Although most of the discussion in the past several months has been the continuing decrease in the number of prisoners in the federal Bureau of Prisons (BOP) to slightly more than 200,000, the Department of Homeland Security (DHS) actually confines more than twice as many, approximately 400,000 individuals each year. The evidence shows that much of the pressure to maintain high
The two powerhouse private prison operators, Corrections Corporation of America (CCA) and the GEO Group, spend millions of dollars every year to lobby local, state, and federal correctional decision-makers, which has undeniably led to steadily increasing revenues for both organizations.
In the period from 2004 and 2014, CCA and GEO spent $18 million and $4 million, respectively with $8.7 million and $1.3 million to lobby members of Congress. Most of this money found its way into the coffers of Congressmen who would later vote on Department of Homeland Security appropriations.
These appropriations bills contain language that almost guarantees the profits of the private prison operator, mandating in 2010 that DHS "maintain a (daily) level of not less than 33,400 detention beds." This "bed mandate" or "bed quota" has since increased to 34,000. It is no surprise ...
by Christopher Zoukis
Following demands from the Afrikan Black Coalition (ABC), the University of California has agreed to terminate $475 million worth of contracts with Wells Fargo Bank. According to a press release from ABC, the terminated contracts include a $25 million commercial paper contract, a $150 million interest rate contract and a $300 million line of credit.
ABC began lobbying the University of California system to divest its assets from Wells Fargo after determining that the bank finances CoreCivic and GEO Group, the nation’s two largest private prison companies. ABC also alleged that Wells Fargo engaged in unfair lending practices in minority communities.
“Wells Fargo is the syndicating agent for CoreCivic’s (formerly Corrections Corporation of America) $900 million line of credit, a trustee for the GEO Group’s $300 million corporate debt, and are notorious for grossly discriminatory and predatory lending practices targeting Black and brown communities, evidenced by many related lawsuits and settlements,” the advocacy group wrote in a press release.
University of California representative Ricardo Vasquez and Wells Fargo representative Ruben Pulido confirmed the divestment, with Pulido noting that the bank has supported the UC system for decades and “[stands] ready to provide that ... support in the ...
Loaded on
Dec. 5, 2017
published in Prison Legal News
December, 2017, page 46
In October 31, 2017, CoreCivic, formerly known as Corrections Corporation of America (CCA), the nation’s largest for-profit prison company, announced via a press release that it was launching an initiative to advocate for policies designed to reduce recidivism.
Those policies include “ban the box” initiatives to help ex-offenders obtain employment, more funding for reentry programs, social impact bond programs and “reduced legal barriers to make it easier and less risky for companies to hire former inmates.”
Additionally, the company said it would “make support for reentry policies one of the criteria considered by its political giving committee when determining financial support for candidates for office.” CoreCivic self-reported $781,800 in political donations and $1.5 million in lobbying expenses in 2015; it has not yet released data for 2016.
CoreCivic executives lauded the initiative, which stemmed from commitments made by the company in 2014 to encourage rehabilitation and reduce recidivism.
“A lot of folks would assume that we have a view that the status quo is fine, and that’s just not our view,” remarked CoreCivic executive vice president Tony Grande. “We want to be a part of the solution.”
However, PLN managing editor Alex Friedmann, who served six years at a CCA-operated ...
by Christopher Zoukis
Four guards at the Donald W. Wyatt Detention Center in Central Falls, Rhode Island were placed on administrative leave after a prisoner escaped on New Years Eve 2016. James Morales, 35, scaled the backboard of a basketball goal in the facility’s recreation yard, cut through a fence using a homemade tool and descended an exterior wall on a bed sheet, according to Warden Daniel Martin.
The prison’s board of directors quickly launched an investigation.
“We want to know: Were the procedures and policies in place on that day followed without exception?” asked board chairman Luke Gallant. “If they were, what were the holes and where are the holes that allowed this escape?”
Morales, a former Army Reservist, was charged with breaking into an Army Reserve building in 2015 and stealing military firearms. Following his escape a manhunt involving local, state and federal authorities ultimately led to his recapture on January 5, 2017. He has since been charged with “escape from custody of the attorney general,” an offense that carries a potential five-year prison term.
According to minutes from a meeting of the Central Falls Detention Facility Corporation (CFDFC) in late 2016, the facility had been operating at ...
by Matt Clarke
On February 21, 2017, the Seventh Circuit Court of Appeals, in an en banc ruling, held that Correctional Medical Services, Inc. (now known as Corizon Health) may be held liable for deciding not to centrally coordinate medical services for prisoners.
Prior to his incarceration, Indiana state prisoner Nicholas Glisson suffered from several serious medical issues. Most importantly, his larynx and parts of his pharynx and mandible, as well as 13 teeth, had been surgically removed due to laryngeal cancer, and he had a feeding tube and a permanent stoma (an opening in his throat), plus a tracheostomy tube. His neck could not support his head and, without a neck brace, his breathing was impaired. He also required a voice prosthesis to speak.
Despite those medical conditions, Glisson was able to live independently, clean and suction his stoma, use his feeding tube, and swallow food most of the time. He took care of his own hygiene, helped with household chores, and provided care for his grandmother and terminally-ill brother.
A friend, who was acting as a police informant, convinced Glisson to give him some of his prescription pain medication; as a result, Glisson was arrested and convicted of ...
by David M. Reutter
A $2.1 million settlement has been reached in a class-action lawsuit alleging the Florida Department of Corrections (FDOC) and Corizon, the department’s former private medical provider, denied hernia operations to prisoners to save money.
Groin hernias are very common; it is estimated that the prevalence of ...
by Candice Bernd, Truthout
In April 2017, the Northwest Washington again made headlines after more than 100 immigrant detainees launched a hunger strike to protest the conditions inside the for-profit immigration jail.
The demands reflected many of the concerns originally raised by detainees when they went on strike in 2014: abuse from guards, maggoty food, inadequate access to medical care and exorbitant commissary prices, to name a few. The detainees were also protesting the fact that they were running the prison’s basic services for wages of just $1 a day, some reportedly receiving only a bag of chips in exchange for waxing the prison’s floors.n April 2017, the Northwest Detention Center in Tacoma, Washington again made headlines after more than 100 immigrant detainees launched a hunger strike to protest the conditions inside the for-profit immigration jail.
Conditions at the immigration jail have drawn in local climate activists and other allies, who, in 2015, blockaded three exits where buses and vans usually carry out detainees for deportation. The activists’ interest in the jail is not only grounded in concerns about basic human rights – it’s also about environmental justice.
The 1,500-bed immigration jail, operated by the private prison giant GEO Group, ...