Retiring Arizona Prison Watch...


This site was originally started in July 2009 as an independent endeavor to monitor conditions in Arizona's criminal justice system, as well as offer some critical analysis of the prison industrial complex from a prison abolitionist/anarchist's perspective. It was begun in the aftermath of the death of Marcia Powell, a 48 year old AZ state prisoner who was left in an outdoor cage in the desert sun for over four hours while on a 10-minute suicide watch. That was at ASPC-Perryville, in Goodyear, AZ, in May 2009.

Marcia, a seriously mentally ill woman with a meth habit sentenced to the minimum mandatory 27 months in prison for prostitution was already deemed by society as disposable. She was therefore easily ignored by numerous prison officers as she pleaded for water and relief from the sun for four hours. She was ultimately found collapsed in her own feces, with second degree burns on her body, her organs failing, and her body exceeding the 108 degrees the thermometer would record. 16 officers and staff were disciplined for her death, but no one was ever prosecuted for her homicide. Her story is here.

Marcia's death and this blog compelled me to work for the next 5 1/2 years to document and challenge the prison industrial complex in AZ, most specifically as manifested in the Arizona Department of Corrections. I corresponded with over 1,000 prisoners in that time, as well as many of their loved ones, offering all what resources I could find for fighting the AZ DOC themselves - most regarding their health or matters of personal safety.

I also began to work with the survivors of prison violence, as I often heard from the loved ones of the dead, and learned their stories. During that time I memorialized the Ghosts of Jan Brewer - state prisoners under her regime who were lost to neglect, suicide or violence - across the city's sidewalks in large chalk murals. Some of that art is here.

In November 2014 I left Phoenix abruptly to care for my family. By early 2015 I was no longer keeping up this blog site, save occasional posts about a young prisoner in solitary confinement in Arpaio's jail. I'm deeply grateful to the prisoners who educated, confided in, and encouraged me throughout the years I did this work. My life has been made all the more rich and meaningful by their engagement.

I've linked to some posts about advocating for state prisoner health and safety to the right, as well as other resources for families and friends.

until all are free -

MARGARET J PLEWS (June 1, 2015)
arizonaprisonwatch@gmail.com



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Showing posts with label prisoner abuse. Show all posts
Showing posts with label prisoner abuse. Show all posts

Thursday, April 10, 2014

Corizon and the deliberate indifference and ignorance of AZ Rep. John Kavanagh.

This piece was done in December 2013 - good job, Al Jazeera. And SHAME on Fountain Hills Representative John Kavanagh for suggesting that prisoners are making up stories of medical neglect and abuse. Kavanagh's denial and ignorance is the very reason so many state prisoners and their families are suffering now. He should speak to the Corizon and AZ department of Corrections whistleblowers that I've heard from over the past year - but he would no doubt come up with some excuse to accuse them of lying as well.

Or maybe he's really well-informed and deliberately throwing up a smoke screen to cover for Corizon's failure to deliver as promised on their contract to provide prison health care. In fact, I wouldn't be at all surprised to find out someday that man has been taking kickbacks from more than one prison profiteer. How else can one explain why he'd try to outright GIVE AWAY $900,000 to GEO Group for doing absolutely nothing - his reasoning for that? From the AZ Republic:

Kavanagh said Monday that GEO had done the state a "big favor" by providing emergency private-prison beds at a discount rate during the Great Recession, and the company wanted to be financially restored. "I didn't see a problem in giving them a small increase," Kavanagh said. "If you don't treat people fairly they won't treat you fairly in the future." 

(Thank goodness he's such a fair man! These poor, mistreated "people" he wants to help at GEO Group claimed over $115 million in profits in 2013. )

Oh, and there's this as well, from the same Republic article: "State campaign finance records show that six GEO executives, including CEO George Zoley, gave Kavanagh's campaign committee a combined $2,544 in 2012." That's just the payoff that's on the books: imagine what he would have gotten from the nice $900,000 gift back to those guys it if had gone through.  

I find it very disturbing to know that man is a director with the criminal justice program at Scottsdale Community College - which leads me to suspect that anyone who graduates from that program is also either deluded about the real world of crime and punishment, or predisposed to corruption.

Privatizing prison health care and undercutting prisoner claims of abuse is not all that Kavanagh is behind, though. Here's his brilliant defense of SB 1062 on CNN, the "religious freedom" bill that Jan Brewer vetoed so Arizona's economy wouldn't tank from a nationwide boycott of transphobic legislation. Here's a short and sweet editorial about his opposition to expanding Medicaid coverage in AZ: note that life is so precious to him in the womb, but quite disposable if the baby is born poor. I think his "concern" for life of the unborn is really a charade to cover for his desire to control women's sexual and reproductive activity.

Too bad the voters of Fountain Hills and Scottsdale lack integrity themselves, or they'd recall that man for his many crimes against the most oppressed people of this state. Unfortunately, they seem to be as invested in their own hate, fear and self-interest (at everyone else's expense) as their elected representative is, since they keep sending him back to the AZ Legislature to torment the rest of us. For his critical role in assuring that Corizon and the AZ DOC can continue to neglect their patients without any legislative oversight, John Kavanagh's name should be at the top of every wrongful death prison lawsuit in the state.

Thanks to Abby Leonard and Adam May at Al Jazeera's America Tonight for this...

--------------


Arizona's privatized prison health care under fire after deaths

by
December 2, 2013 Al Jazeera (America Tonight)

SAFFORD, Ariz. — Rylan is a healthy and hungry 5-month-old baby girl who now lives with her grandmother Jodi and the rest of her family in a small Arizona farming town.

It's a world away from where she was born: the state prison complex near Phoenix, where her mother, Regan Clarine, is still locked up.

“She's very fun-loving. Very hyper, fun to be around, kind of always the leader,” Jodi Clarine, Regan’s mother, said about her daughter. “Regan was the one that I knew would be sneaking out the window by the time she was 3 years old. I would say, ‘You know, she's going to be our problem.”

Two years ago, when Regan was 18, she was arrested for having prescription painkillers illegally and charged with possessing a narcotic for sale. The court sent her to drug rehab, where she met and started dating Rylan's father. She found out she was pregnant just two days before a judge sentenced her to two and a half years behind bars.

“She holds her emotions very well but once she's talking to me alone, it's complete devastation,” Jodi said.
Regan was transferred from county jail to Perryville State Prison, where Jodi said she was denied prenatal care.

Jodi showed a note from Regan, saying she was advised by a doctor to get an ultrasound to check for any possible problems with her pregnancy.

“She did not get that ultrasound,” Jodi said. “I believe had they done the ultrasound they would have known they had the wrong date.”

Jodi said she believes the prison medical staff induced Regan early, which might explain why Rylan was born small.

“It just infuriates me,” Jodi said.

After 48 hours in labor, Regan had to have a C-section. Jodi said the medical staff didn't stitch the wound shut. Instead, they dressed it with butterfly bandages.

“They sent her back to the prison and for the first two days things are going OK,” Jodi said. “But by about day three she's noticing it's oozing. It's not looking right, it's looking infected.”

Jodi said doctors refused to see Regan – and it got worse from there.

“Regan woke up one night and something just told her to get up,” Jodi said. Her daughter was covered in blood. "Her clothes were soaked. So she was terrified and she just screamed for you know a guard to come help her. And they came took her to see a nurse. And you know, the nurse said, ‘Well, come back at 10.’”
Regan was sent back to her cell instead of going to the hospital.

“She would cry because it scared her so much to be able to look inside her body was just freaking her out,” Jodi said.

After two weeks of living with an open wound, Regan was sent to the prison hospital.

“I truly believe I could have lost my daughter had they not given her antibiotics” before her delivery, Jodi said.

Regan spent five weeks in the hospital and, slowly, the wound healed. But her ordeal was not over.

“They decided she had been there long enough, that she could go back to her yard,” Jodi said. “But it was still open a little bit. And so they decided that the best thing to do for this would be to pack it with kitchen sugar … we're talking sugar that you get from, because they donate it from McDonald's from Burger King, you know? They're standing there ripping open these little packs of sugar and filling that wound.

“I called my brother who is a doctor and I said ‘Sean, they're talking about pouring sugar into Regan and have you ever heard of this?’ And he said no way are they putting sugar in her wound. He said it's just got to be some medical term like maybe it's medicine with glucose in it. He said, ‘it's probably just a nickname of something. Nobody would pour sugar in a wound. So don't worry about it.’”

Sugar was used to treat wounds before the advent of antibiotics in the early 1900s, but it's no longer accepted medical practice. America Tonight asked the Arizona Department of Corrections to comment on Regan’s care, but they declined.

While we were talking to Jodi, Regan called from prison and described her ordeal living with the fist-sized opening in her abdomen.

“It was the worst pain I’d ever felt in my life,” Regan said.

When she did get care, she described seeing medical staff putting sugar in that wound.

“They were taking the kitchen sugar and pouring it inside and putting wet gauze over it and taping it,” she said.

We asked Regan if she actually saw prison officials opening up McDonald’s sugar packets and pouring the sugar inside her wound. “Yeah,” she said, adding that she was worried if it was sanitary.

“I was scared,” she said. “You know, it’s prison, maybe these packets are old, if there's something spilled on them and it dries, you know.”

Spending less on health care

Regan is not the only inmate alleging mistreatment. The ACLU filed a lawsuit against the Arizona Department of Corrections in March 2012, alleging that prisoners are at serious risk of "pain, amputation, disfigurement and death."

It cites examples of prisoners being told to pray to be cured or drink energy shakes to treat cancer symptoms.

The ACLU says the treatment amounts to cruel and unusual punishment and that it violates prisoners' constitutional rights.

“People are often sent to prison for two-year, three-year sentences that have turned into death sentences because of the absence of the basic minimal care,” said Dan Pochoda, legal director for the ACLU in Arizona. He says in his forty year career, he’s never seen a worse prison healthcare system.

A year and a half ago, the state handed over prison healthcare to a private, for-profit company. Legislators who supported the privatization promised that it would save taxpayers money, while maintaining adequate levels of care for inmates. At least 27 other states have also privatized prison health care, rewarding private companies for keeping costs down.

But there are studies showing prisoners could be suffering as a result. An October report from the American Friends Services Committee in Arizona found that since the state privatized its prison health care, medical spending in prisons dropped by $30 million and staffing levels plummeted. It also found a sharp spike in the number of inmate deaths. In the first eight months of 2013, 50 people died in Arizona Department of Corrections custody, compared with 37 deaths in the previous two years combined.

Tony's story

After his cancer, inmate Tony Brown's pain medication was switched from morphine to less-powerful Lortab.
After his cancer, inmate Tony Brown's pain medication was switched from morphine to less-powerful Lortab.
America Tonight
One of the inmates who died since the state privatized care was Tony Brown, who was serving a 10-year sentence for aggravated assault and was due to be released in September.

“They were supposed to come down for Thanksgiving this year,” his daughter Jenna Jumper said. “He never got to meet my husband and he wasn't there when I got married, so they were going to come visit.”

Brown had been diagnosed with esophageal cancer, but his medical records show it was in remission. He had been prescribed morphine for the pain. But in October 2012, the prison ran out of morphine. The medical staff switched him to Lortab, a weaker painkiller.

In a video taken by prison guards and obtained by America Tonight, Brown is seen just after he was put on the new medication writhing in pain while handcuffed to a gurney. His medical records show that guards told nurses his condition was worsening and that he "needed to be checked out." But there is no record of medical staff visiting his cell. In another video, a prison chaplain checks on Brown at his wife Jami Brown’s request.

“Inmate Brown, I spoke with your wife earlier today,” the chaplain is heard saying. “Can you communicate with me please? I’d like to speak with your wife later on. Is there something I can tell her?”

Brown, face down on a bunk, barely moves and doesn’t respond. A guard can be heard saying, “Is it me or does this just not feel right to anybody else?”

Two days after Brown first started complaining of pain, medical staff had still not visited him, so the guards intervened and started CPR. Nurses came to assist, but 40 minutes passed before they realized no one had called an ambulance.

Eventually, an ambulance came and took Brown to a hospital. A day later, he died. Two days after his death, his widow Jami said she finally received a call back from the private prison health care company, Wexford.

“My husband passed away on Monday and I got a call from Wexford Medical on Wednesday wanting more information so that they can make sure he's seen,” she said. “I was pretty upset because I was like, ‘What are you talking about? He's dead.’”

“He may have been a prison inmate, but my dad was no different than the governor or the guy that you interviewed or you or me,” his daughter said. “My biggest thing is that if people would stop to realize that he did have family and that he did have a child and he did have a wife and he had plans.”

The official cause of death was listed as complications from cancer. But Brown's family is suing Wexford, claiming he died from lack of adequate medical care. An attorney for Wexford issued a statement to America Tonight on the matter.

"Due to federal health care privacy laws and the pending legal claim, we are very limited in what we can say about the circumstances surrounding this inmate’s tragic death," Ed Hochuli said in the statement. "Based on the limited information we have at this time, though, I am very confident Wexford Health and its employees acted appropriately, and further investigation of this claim will demonstrate and prove the lack of any wrongdoing or negligence by Wexford Health.”

Privatization proponent

State Rep. John Kavanagh
State Rep. John Kavanagh
America Tonight
State Rep. John Kavanagh wrote the legislation that privatized Arizona's prison health care. We asked him whether he thought it had put inmates in danger.

“I mean, people die in prisons,” he said. “I receive a lot of handwritten notes from prisoners. I receive emails from prison families with all sorts of allegations of crazy behavior. And then, you call the prison people up and they usually have a reasonable explanation for it.”

Kavanagh said Regan’s story didn’t sound like a “true allegation,” adding that it “sounds ridiculous.”

“You know prisoners have 24/7 to think up allegations and write letters,” he said. “I'm not saying that some of them can't have a basis in fact. But you got to take them with a grain of salt or in the case of the hospital, with maybe a grain of sugar.”

We asked Kavanagh who would listen to prisoners’ concerns over their medical care.

“There's no shortage of prison advocacy groups and ACLU attorneys who at the drop of a dime will file a lawsuit,” he said. “I think most people who get into [class-action lawsuits] wind up with nothing and the lawyers walk away in limousines with their trunks full of cash.”

There are signs though, that Wexford, the private health company that was providing care at the time of Brown's death, was aware of the problems. America Tonight obtained a copy of a PowerPoint presentation written by top Wexford executives for a meeting with the Arizona governor's office in November 2012 – four months after the company started providing care in the state. It warned that the care it and the Department of Corrections were providing was "not compliant with … constitutional requirements" and that "the current class action lawsuits are accurate." It recommended an overall operational cleanup, staffing reassessment and the appointment of a governor’s office liaison.

The PowerPoint presentation also says that the department's "transparency" policy with the media could "encourage negative press."

Wexford was already in the spotlight for another incident just two months earlier. At a prison west of Phoenix, more than 100 inmates may have been exposed to hepatitis C. According to the Department of Corrections, a contractor nurse used dirty needles to deliver medication. Four months later, Arizona severed ties with Wexford and awarded the three-year, $369 million contract to another private healthcare company: Corizon, the largest prison healthcare company in the country. Corizon has similar contracts in 29 states, but it has faced problems in many of them. In fact, in the last five years, Corizon has been sued for malpractice 660 times.

Corizon’s no-bid contract

Arizona Democratic House minority Leader Chad Campbell said the Legislature didn't properly vet Corizon before signing the contract.

“I think the most concerning to us was the previous company when they started to lose that contract, the current company that got the contract didn't even have to go through a public process of any kind to get this contract,” he said. “No bid. Nothing. It was deemed an emergency situation by Department of Corrections so they didn't have to go through the normal process. But more interesting than that was this company that got the contract had just hired the former head of the Department of Corrections who was the mentor of the current head of Department of Corrections.”

Campbell said that is not the only tie that members of Arizona’s state government have to private prisons. Charles Coughlin, the former campaign strategist for Ariz. Gov. Jan Brewer, runs a lobbying firm called HighGround Public Affairs Consultants, which represented one of the country’s largest private prison companies. HighGround donated $5,000 to Jan PAC, Brewer's super PAC.

The governor's office declined America Tonight’s request for an interview and referred us to Kavanagh, who said the allegations that Brewer accepted bids because of personal relationships were “baseless.”

“I think they're propaganda,” he said. “I mean, people say to me I've gotten campaign contributions from private-prison people. Well, yeah. I got from a lobbyist who represents them but that lobbyist also represents 40 other clients in different industries. It's smoke and mirrors. It's a façade.”

Campbell said that multiple people and corporations are profiting from the privatization of prison health care.
“They're profiting on taxpayer dollars and to me, if I'm going to hand out money to a private entity, I want to make sure it's being spent wisely,” he said. Campbell is now calling for an investigation.

Corizon defended its level of care. "These patients receive care that meets their health care needs and satisfies constitutional requirements," it said in a statement to America Tonight, adding that it has a rigorous quality control program to make sure its health care meets federal and Arizona Department of Corrections guidelines. "In addition, the ADC maintains a dedicated internal audit team of over 30 health care professionals whose sole purpose is to monitor Corizon’s delivery of care," the company added. (Read Corizon's full statement here.)

In the meantime, allegations of wrongdoing continue to mount. According to the American Friends Service Committee report, an inmate at the Whetstone Unit of the Arizona State Prison Complex tested positive for tuberculosis in August. But Corizon did not test other prisoners, even those who were doing community service outside the complex.

Hoping to survive prison

Regan Clarine
Regan Clarine
America Tonight
As for Regan, she still has six months left on her sentence. The separation has been tough on the family, but what's worse is their fear that prison health care could be a death sentence.

As their allotted time for a phone call wound down, Regan asked her mother if she would be making the four-hour drive that weekend.

“I'm gonna lose you. I love you honey,” Jodi said. “I'm coming on Saturday with Rylan. And you don't…”
An automated message cut her off when their time limit was up.

“Oh, that's so frustrating when you can't finish talking,” Jodi said. “It's even tougher leaving. Her first visit with [her baby], my husband held Rylan up and she could just see Rylan's big blue eyes and she just started running and grabbed her and held her as tight as she could. It's very been hard. We all miss her very much.”

Sunday, February 2, 2014

Incarceration is Violence: snapshots from ASPC-EYMAN/Meadows.



I recently took AZ DOC Director Chuck Ryan to task about sending the sex offenders to Red Rock to decrease the over-crowding on those units before the other medium security yards where race riots are breaking out, simply because I so seldom hear about violence coming out of places like ASPC-EYMAN/Meadows. I also accused him of making a big deal of "routine" staff assaults of late in order to justify continuing to build his totally unnecessary $50 million Supermax prison at Lewis complex. I stand corrected, now, sorry to say, in light of what has recently happened. Besides, no assault is "routine" to the person who is the victim of one. I know, having survived quite a bit of violence in my life myself.

I've been hearing from employees and former employees of the AZ DOC in the wake of the sexual assault of a teacher on the Meadows unit at ASPC-Eyman this week- they are livid. There's some contention over what "fully-staffed" means. Some officers seem to feel as if not only is Meadows under-staffed, this teacher never should have ended up alone in a room with these particular prisoners. Meadows is the unit designated for housing about 1100 medium security sex offenders, about 330 of whom appear to be in "temporary" beds. That means the yard is a bit full. 

The opening of Red Rock didn't help relieve pressure on staff and prisoners at Meadows much, unfortunately, though I don't know how directly that would have impacted this situation with the teacher's assault. It appears they moved prisoners from Cook to Red Rock first, as that was the most over-crowded yard. Meadows should be next, I would think.

In any case, my apoligies if I have seemed to minimize staff assaults. No one's safety in prison is more or less important than another's by virtue of whether they wear orange, brown, or civies. The assault rate on staff appears to have been decreasing at the same time it's actually increasing among prisoners, nevertheless the staff are still so upset about the way the DOC has failed to address their safety concerns that one of the officers' unions, the Arizona Corrections Association, has dragged Judicial Watch into it - they're demanding records for an investigation. 

What I hear most from the sex offender yards, actually, is not how vicious the other prisoners are or how violent the gangs are (they really don't seem to run the SO yards), but how cruel some of the officers are.  Here's an excerpt from a man who was homeless, mentally ill, and an easy target for police when arrested and prosecuted for the rape and murder of an 88-year old woman over a decade ago. Even the Arizona Justice Project tried to get the DNA evidence re-examined because they believe he was wrongfully-convicted, for some reason the judge wouldn't allow it. 

" i have been There hrassed and ThreaTed by STaff and inmaTes asaltied  by STaff and ThreaTing black and blue marks on my arm For 30 Days and  For whaT because I senT in a inmaTe LeTTer or a grievance on STaff or  a inmaTe. No Help with it. My Cell maTe Said noT to Say any Thing  abouT. Time I am mad and and write a inmaTe Letter or grievance about  it All it dose is geT STaff mad a you and Then Tell everyone To Harass you They mess up your mail or your indigent or HNRS inmate LeTTers They are LosT or ? you donT geT your RefiLL meds. your Food is mess with They spit in it or mess it up They put some Thing in you Food. mae Time I did NoT EAT because of it. you donT get yourr maiL They Throw it somewhere and maybe if some one funds it you met get it Back. your maiL, or your mail is being given To a inmaTe ? He dans whaT He want with it He reads your maiL and Throws it away. ? or when They Take you To The Shower. They go in your Cell and Take Things or brake Things of yours your T.V. your Radio.... 

I wanT no more of This I wanT Peace. To be in Peace. I am Sorry. I want to go home. or. I want to go home soon I Pray I go home, I am innocent of this crime. Look at it. "


So here sits this possibly innocent man in prison, and yet most Americans would look at his crime, and say "good riddance" in response to his grievances - and the officers perpetrating this garbage on him know it. That kind of relentless abuse meted out to certain prisoners by guards who think they deserve torture on top of imprisonment isn't uncommon, nor is it limited to the sex offenders. 

Never mind that an estimated 8-15% of  convicted sex offenders, in one DNA-based exoneration study, may well be innocent. We too often presume that the "truth" comes out in the prosecution process and no one is in prison unless they're definitely guilty. Not that the possibility we are punishing "the innocent" in prison too harshly should be the only reason not to torture prisoners in America - torture should be banned regardless of the status of one's guilt or inocence.

Some officers I hear about over and over again are exacting their own kind of justice from prisoners, only it seems their abuse can never be "substantiated" when formal complaints are made, so they remain in positions of power - some even get promoted. I believe the heirarchy in those places encourages brutality by consistently failing to substantiate it. They know they can get away with hurting those guys, too, as there will be no public outcry in their defense.

As another example, last April the Meadows' Tactical Support Unit was called on to do a shakedown (thorough search for contraband) of the unit, during which several of the prisoners allege that that the TSU officers pushed them around aggressively and used racial epithets. Several prisoners from that yard also reported that a deaf prisoner was beaten by guards because he couldn't hear the orders being barked at him and respond fast enough. According to one witness, when the officers took him to medical to treat him for the injuries they inflicted on him, the nurse naturally asked what happened. "He fell," the TSU officers laughed Of course, in their own  incident reports - amended after the prisoners complained - the guards assert that they used the "least amount of force necessary to gain compliance" from the deaf guy, and mention nothing about him going to medical. The DOC asserts every one of their officers conducted themselves professionally. That kind of unjust treatment of prisoners can cause serious resentment and thus endangers all staff, ultimately.

Meadows was also recently the subject of concern about how the prisoners' mental health needs are being attended to - they were essentially rounded up, chained like animals, and taken to a mass video-psych eval this fall, which sounds like its a coomon practice, actually.  I often hear complaints from there about poor health care access as well.

In any case, my thoughts and healing wishes do go out to this teacher who was so brutally assaulted, and to the rest of the staff and prisoners at the DOC who have been victims of violence behind bars. If we counted the crimes perpetrated against people in prison with the community's statistics, the crime rates of those communities would be much higher and we might have to address them differently - like redistribute victim assistance resources, among other things. In fact, if crime against people in prison was reported as such, the USA would have the highest male-on-male rate of rape in the world. Think about that as you contemplate how necessary prisons are to contain and rehabilitate young drug offenders, check bouncers, or people who smuggled themselves into the country to find a decent job and support their family, for example. 

Bottom line is that prisons are heteropatriarchal, misogynistic institutions run entirely on violence and the threat of it. Prisons are designed to inflict harm on people's minds and lives without leaving a mark on their bodies, hidden in the shadows and margins of our social fabirc so the rest of us can sleep at night, certain that only the purest system of Justice is what lets Freedom ring in America for the rest of us. In truth, the US justice system works only for the privileged few, trials are contests between opposing attorneys, not effective methods of discovering truth, and prisons are essentially horribly dangerous places to both live and work. Those of you who clamor for a new prison in your town may want to reconsider how much these jobs are really the kind you want your children and grandchildren to grow into.  

In light of the above, our judiciary should really reconsider how many more drug addicts, sex workers, and homeless mentally ill people they want to throw into the lion's den. Many will simply be further victimized and traumatized, few will be able to afford to pay to get their GED or pursue other educational options in state prison, only 4% will ever get any kind of substance abuse treatment in there to rehabilitate themselves, and over 40% of prisoners are coming out infected with Hep C, a good many with new addictions to boot.
(See Corrections at a Glance for stats on substance abuse treatment, HEP C, and the reasons people are in prison)



Tuesday, April 23, 2013

The Ghosts of Jan Brewer: Crime Victims in AZ State Custody.


National Crime Victims' Rights Week, 2013:
PLEASE REMEMBER VICTIMS IN AZ STATE CUSTODY,
and DEMAND THAT BREWER BE ACCOUNTABLE...
The Ghosts of Jan Brewer: Victims of Crime and Neglect
 in AZ Department of Corrections' Custody
 (Firehouse Gallery, Phoenix: July 2012)
I wrote the following letter to the administrator for the Arizona Department of Corrections' Victims Services programs two years ago now, with no response to it whatsoever from anyone there - not ever. The violence and despair behind bars in that time has only worsened, too.

As I explained at the time, the questions I posed were not rhetorical - I really needed help for Dana Seawright's mom. Dana was killed in July 2010 by the West Side City Crips in Lewis Prison for having a Mexican boyfriend. His mother, Kini, was devastated by his homicide, lost her job and home and was being victimized by Brewercare and the AHCCCS cuts. She tried to access victims' rights resources for crisis intervention, trauma support, and concrete emergency assistance, but her request was denied by the AZ Attorney General's office. Since her son was in custody at the time he was murdered, she was denied the victims' rights and resources other mothers of murdered children have.
 

That happened thanks to all you victims' rights advocates who helped pass the beloved 1990 Victims' Bill of Rights amendment to the AZ Constitution. It explicitly excluded prisoners from the same rights the rest of us have when raped, beaten, or locked in a cage in the desert to die. Those of you who really care about all crime victims need to look at the consequences of that decision to sell out the voiceless, and help me change the constitution before the state prisoner homicide and suicide rates double again. 

The prosecutors and peace officer unions in this state no doubt played a big role in assuring that people in custody were constitutionally deprived of the rights of victims, as well as their survivors. Few people are liekly aware that the AZ Attorney General's office, which holds the checkbook for most victims rights funds in this state, is the same entity which defends the state against wrongful death suits when mentally ill men like Shannon Palmer are castrated and murdered in state custody, or women like Marcia Powell are left dying in the sun by her guards, or when five officers stand around and videotape a young man bleeding to death without trying to offer first aid. 

It seems to be a conflict of interest for the AZ Attorney General's office to be hailed as champions of victims' rights when the most disempowered, vulnerable populations in the state - the incarcerated mentally ill, elderly, cognitively impaired, physically disabled, and "delinquent" children - aren't protected by their office. The last place many crime victims and their survivors in this state can look to for justice, in fact, is the AZ Attorney General's office.

Start talking to your legislators about this, families. And I hope all you advocates for justice start talking to the crime victims and survivors who you long since excluded from your midst. It is their exile and your indifference to their fate which makes the worst horrors of prison life all the more likely to be perpetrated on them...



SOS from Arizona's Other Death Row: 
 Victims of Crime and Neglect  in AZ Department of Corrections' Custody
 (Firehouse Gallery, Phoenix: July 2012)




-----------------
April 19, 2011

Jan Upchurch, Administrator
Office of Victims' Services
Arizona Department of Corrections
1645 W. Jefferson - MC250
Phoenix, AZ 85007


Dear Ms. Upchurch;

I am a human rights activist, artist and blogger in Phoenix, and have been researching violence and suicide in AZ state prisons over the course of the past 2 years. This has opened my eyes and brought me into considerable more contact with victims of violent crime in ADC custody and their survivors than most members of the public. Do prisoners or the family members of prisoners qualify for victims' services through your office if they/their loved ones are crime victims while imprisoned at the ADC? If not, who advocates for them when prisoners are assaulted, raped, murdered, or neglected and abused (as in the case of Marcia Powell)? Additionally, who fights for policy changes that may prevent further victimization behind bars?

Many of those I see victimized at the ADC are evidently psychiatrically or developmentally disabled, and can't advocate for safer cellmates or protective segregation, or fight abusive COs or policies effectively through the grievance process or other formal systems - which arguably gives rise to more self-injurious behavior and violence out of frustration or sheer terror, a liability even if their inability to access legitimate processes keeps down the grievances and potential lawsuits. Mentally ill prisoners don't seem to be served by either DES' Protective Services Division or the AZ Center for Disability Law when victimized in custody, either. In fact, I believe all parties I just mentioned are in direct violation of the American with Disabilities Act and/or other federal mandates, as they pertain to disabled individuals victimized in custody, regardless of the AZ constitutional limits on their rights as crime victims, per se.

Furthermore, the perpetrators of prison violence and other institutionally-based crime - be they staff or inmate - are apparently seldom street-charged or prosecuted, suggesting that neither the Criminal Investigations Unit nor county attorneys hosting prisons take an aggressive role in promoting the rights of victims in custody, which seems to just tell criminals that it's who they victimize, not what they do to others, that really matters. How does the ADC plan to rectify that?

Given what we spend to keep people locked up, prison is the one place in society where crime should be under control and victims are promptly and professionally accommodated. I see no one who prisoners or families can go to out here when violent crime befalls them in prison, though - without being charged a fee for advocacy or counseling - which means these victims are easily victimized (and perhaps criminalized) again, if you don't serve them either. Even the Attorney General won't help them - he defends the ADC.

These are pointed questions, I know, but they are not rhetorical. I imagine there may be a conflict of interest with your office, but that shouldn't preclude a third party providing those services under contract with the state, just like they do for other crime victims and their families. I need this info ASAP in order to advise people who were victimized (or survived homicides of prisoners) in ADC custody of what resources are available to them; at least one grieving mother I've heard from is living on the verge of homelessness and I'm not sure where to refer her.

I see this as a serious problem underlying the continuation of prison violence, especially against vulnerable adults, made so by the symptoms of their disabilities. James Jennings is a tragic example of someone clearly killed because of their mental illness; both Shannon Palmer and his killer, Jasper Rushing, were reportedly pleading for protection - and both somewhat psychotic - when they were celled so fatefully together. Duron Cunningham reported that he was raped and assaulted before he killed himself. The list goes on.

I plan to begin a public education campaign in the coming weeks to address the issue of victims' rights (or lack thereof, under the state constitution) in custody, particularly as they apply (or don't) to surviving family members. The ADC can hinder that effort with propaganda obscuring the victimization of prisoners, help advance the field of victims' services by exploring and answering these questions thoughtfully, or do nothing but get out of the way. I invite your office into a dialogue about it, however, as I want to believe you serve for good reason. I don't know whether protecting the state or our citizens is your primary concern, though, as I don't know you. It should not have to be mutually exclusive, but seems to be given the litigation expected to follow incidents of violent crime against persons in custody.

Taking responsibility for the harm one causes or allows to be caused to another is part of the ethos of the criminal justice system. Making amends to victims - individuals, businesses, and communities, is seen as central to any kind of restorative justice, which the State of Arizona heartily endorses, as evidenced by the practice of ordering restitution when sentencing, and penalizing offenders further for failing to meet said orders. What does the ADC practice, when it comes to their own crime victims, though? Even if prisoners have no rights as victims, what about the principle of preventing future crime by making an example of perpetrators today? Why should violent criminals be provided with such blanket permission to practice on more victims before they leave prison, where they are supposedly being punished...

...None of this bodes well for how I see the prison privatization project going: the ADC is responsible for Kingman's lack of security, ultimately, and I saw nothing in the RFPs that were put out that indicates a particular concern for victims' rights. In fact, the objective set down by the ADC of making sure that no more than 1% of grievances are ultimately upheld troubles me. Correct me if I read that wrong: it just seems like an incentive to deprive prisoners of due process rights when they are harmed, not to protect them. There's no indication that private prisons would even issue press releases about prisoner deaths or abuse, or be accountable for their health and safety to the public in any transparent way. They're harder to see into than the state prisons are, giving rise to more risk of victimization.

I'm sure that given your position, you can understand my frustration and concern over the constitutionally-diminished value of prisoner's lives and the gravity of their suffering in custody, placing their very survival secondary to the state's interests in cutting costs. It manifests toxins at every level of society, such that ugliness flows from the community into the media whenever a prisoner kills themselves - look at the "comments" after every ADC press release on a suicide. It's tragic, what has become of us since the PLRA and the victims' rights amendments to state constitutions were made exempting prisoners from fundamental protections: our entire society has devolved, and I think I can make the connections.

I also think I can make the case that both these prisoners and their families are deserving of the same constitutional guarantees given all other citizens and non-citizens alike, when it comes to their welfare. Having fought most of my life to keep my own brother out of prison and harm's way - surviving the devastating suicide of a loved one myself, in the process - I'm free to tell that part of my own story, liberating others from the shame that may keep them from telling theirs. I have been a victim of violent crime, and cope now with a mood disorder and the remnants of PTSD; not much frightens me anymore. I've embraced the mothers of ADC's homicide victims, and helped my community bury our dead; I am intimately connected to this struggle. I will not relent until I know that AZ prisoners and their loved ones are getting their needs met, not brutalized, at my expense, in my name, for the sake of my own family's illusion of "safety".

Sorry to greet you so early with this level of frankness, but you seemed like an appropriate person to bring into the conversation. I appreciate your time and what thoughts you may have. I look forward to hearing back from you or the DOC's General Counsel on this matter soon.


Sincerely,


Peggy Plews

--

Margaret J. Plews, Editor
Arizona Prison Watch
P.O. Box 20494
Phoenix, AZ 85036
480-580-6807



"Our strategy should be not only to confront empire, but to lay siege to it. To deprive it of oxygen. To shame it. To mock it. With our art, our music, our literature, our stubbornness, our joy, our brilliance, our sheer relentlessness, and our ability to tell our own stories..."

- Arundhati Roy

Wednesday, October 3, 2012

Wexford Arizona: Deliberate Indifference Kills (UPDATED).

UPDATED 10/05/12 at bottom of post)

Wexford Health Sources
1850 N. Central Ave. Phoenix
October 3, 2012


Families: this is evidence for your loved one's civil rights suits if they've been suffering as a result of medical neglect at the AZ DOC and still can't get relief. Print and mail it to them. They MUST follow the grievance process, and not just file more HNR's on the same issues. Take this to an attorney if you can afford one, and get the following material/resources to loved ones inside so they know how to protect themselves from this predatory corporation:
ACLU: Know your rights: The PLRA (READ FIRST!!!)
Columbia University: Jailhouse Lawyer's Manual (read chapter 1 to familiarize yourself, then download and print what chapters they need)

National Lawyer's Guild Jailhouse Lawyer's Handbook (more compact than the one above: download here or send the NLG  $2 and the prisoner's contact info, and they'll send them a bound copy) - every prisoner needs one of these for the rest of their incarceration.
AZ Department of Corrections Policies: Inmate Grievance Procedures


AZ DOC Policies: Inmate Mental Health Care
AZ DOC Policies: Inmate Health Records

"Parsons v Ryan" Class action suit over medical neglect and abuse of the mentally ill before Wexford  even came - they aren't the only culprits here. Anyone potentially suing the DOC for medical issues needs to have a copy.

Instructions for Prisoners filing civil rights suits in AZ - they need to know this is what their grievances lead to -mwhet they need to prepare for - if they don't get adminstrative relief from the DOC or Wexford- but they can get hurt if they don't file it right. Contact Middle Ground Prison Reform early in the grievance process for info about options for legal representation or professional criminal justice consultation services.

Report medical and conditions of confinement complaints to the ACLU-AZ
Contact Mary Lou Brncik at David's Hope to organize around mental illness in the criminal justice system.

Contact me (Peggy Plews: 480-580-6807/arizonaprisonwatch@gmail.com) to organize with other families and former prisoners who want to make a difference for all. 

And have prisoners write to me directly at AZ Prison Watch PO Box 20494 Phoenix, AZ 85036, for packets of info about their rights...I will send them out as long as I am able to. They must be persistent if they don't hear back from me in a week, and keep me posted about changes in their status if we're working on something.




On Tue, Oct 2, 2012 at 10:13 AM, DONNA LEONE HAMM <middlegroundprisonreform@msn.com> wrote:

Mr. Charles Ryan, Director
Arizona Department of Corrections
1601 West Jefferson
Phoenix, Arizona  85007

Dear Mr. Ryan:

 
Yesterday, Oct. 1, I received a telephone call from Dr. Lawrence D'Antonio, who works for a contractor who provides professional healthcare workers to Wexford.  As you know, Wexford, in turn, provides all medical care for prisoners within the Arizona Department of Corrections.  D'Antonio currently works at the Eyman Complex/Rynning.  He was originally supposed to work at Meadows, but now only works at Rynning. He says the Meadows Unit is a "lost cause."   If I understood him correctly, he believes there is no doctor currently assigned to Meadows Unit and that the Clinical Center there is essentially inoperative.  He has been a doctor (D.O.) for 27 years.  He has worked for the contractor who provides doctors to Wexford since about July 2012.

D'Antionio says that Dr. Tom Bell is the Statewide Medical Director employed by Wexford.  The Regional M.D. for Wexford is Dr. Hector F. Garcia.  He is Dr. Bell's boss.  Karen Grant is the Director of Nursing for Wexford.  D'Antonio refuses to converse with or take orders from Grant.  Grant was abusive, used obscenities with him, and was unprofessional during their initial conversation.  He believes that it is ironic that only current physican at the Eyman/Rynning Unit (D'Antonio) has no communication  with the Director of Nursing.  He has advised his own employer that either Wexford needs to obtain someone other than Grant for him to communicate with or he will not work there at all.

He says "personnel (medical) are leaving in droves."  Grant was ordering him to do things outside his training and outside of his expertise.  She was ordering him to see patients who needed specialists; he is not a specialist.  He says that Dr Bell ordered  that certain medications are to be stopped for some inmates.  When asked why the medications were to be stopped, Bell stated, "Because they are prisoners."  He asked Bell, "Is this your own medical decison-making?"  Bell replied, "This comes from Wexford."

Karen Grant has ordered D'Antonio to write prescriptions en masse for patients whom he has not seen.  He refused to do so, stating that in most cases he needs to see each patient individually before he can prescribe a medication.  He says Wexford is sabotaging everything by doing such things as excessive questioning of the doctor ("for more information") when he prescribes a medication.  When he makes a referral for a patient to have a procedure, obtain a specialist's opinion, have additional testing, etc., Wexford has a procedure which they call a "collegial" conference call.  Their staff get on a conference call and the vast majority of the time, they delay the additional procedure by requesting "additional information" from the referring doctor.  This goes on and on, back and forth, so that the procedure itself never gets done or is so delayed as to be meaningless (or dangerous) for the patient.

He says that he was told that all prior referrals (for specialists, tests, etc.) made by DOC healthcare workers prior to July 1, when Wexford took over, are cancelled, and will not be honored.  Instead, the inmate is required to go through the referral process all over again, thus further delaying what might be life-saving diagnostic testing.  D'Antonio says that many of the referrals are "shelved" and continuously cycled through the "get more information" process over and over.

D'Antionio refers to the mistakes and unethical conduct going on by Wexford employees as "staggering" and "criminal."  He says that while he does not consider himself to be soft on crime or criminals, "they are human beings and deserving of basic medical care."  He has restricted his exposure to liability for the type of care being provided to inmates by limiting the days he will work, the hours he works, and the units at which he will work.  He says what is happening at the Meadows Unit and throughout the Florence prisons is a "disgrace."

The doctor says that there are such people as what doctors refer to as "hatchet" doctors or "administrative" doctors -- they work for a corporation and have given up their ethics (and oath) to 'do no harm' by accepting a huge paycheck just to go along with corporate policies and directions.  D'Antonio says there are doctors (or nurses) such as this that work for Wexford.

He says that each time he sees a patient, he must fill out a progress note.  This is a form.  When he orders lab work, an x-ray or a prescription, each requires a separate form.  At the Meadows Unit, it was nearly impossible to find the forms needed, thus delaying and complicating the already dysfunctional process.  He says chart work is ignored and there is no review process.  He was originally hired just to do induction physical exams for incoming (new) prisoners, but that he has ended up doing everything from emergency care, chronic care, diagnostics, etc. and that they are so back-logged in reviewing charts that there is no reasonable way that each patient's chart can be reviewed in a timely manner.

He states that he has been told by Wexford employees that, "We are forbidden from talking about what happens here. . ." and that he has been advised, "Prisoners have died at the Meadows Unit due to lack of care since Wexford took over . . . ." (He was unable to provide me any names or DOC #'s of inmates who have allegedly died at Meadows Unit due to lack of medical care since Wexford took over on July 1, 2012).

He says that the Wexford formulary for approved medication is "archaic." He gave an example of the medication that Wexford has approved for hay fever.  (I can't spell it).  He says this was a medication that was being phased out in the 1980's (it was a medication that he would have taken as a child)  -- and that the standard of care in today's world for allergies is an antihistamine and/or a nasal steroid spray.  He says Wexford approves a salt water/ocean spray which is so outdated, it is laughable.  So, when he writes a prescription for a timely/updated drug (a "non-formulary" drug), Wexford can't fill it (won't fill it) because it isn't in their formulary.  So, there is a huge delay for the patient in obtaining non-formulary medication, and the formulary list itself is actually responsible for delay after delay after delay for patients to obtain a prescribed medication, including for serious medical problems.  He states that Wexford would likely claim that their formulary medications are "great" and "adequate," but many of their medications are simply not used anymore in today's real world of medicine in the USA.

He says he works a 12-hour day with no breaks and he even eats lunch while charting.  He works the hours by choice in order to get in his weekly hours in as short a time as possible to get out of there as quickly as possible.  But the workload is so far behind, it would require a full team of doctors to get caught up and would take a year.

He is concerned because many of the inmates are complaining they are not getting enough food and the doctor is concerned about the weight loss he has actually observed.  His says he has heard comments from many people that the real reason for the recent riots/disturbances at Tucson and Rynning is because of an underlying tension or stress among the inmate population due to (1) not enough food; (2) being denied medical care.  The DOC explained the reason for the riots to the media as "racial disturbances."

Dr. D'Antonio has openly discussed with Dr. Bell his concern that Dr. Bell could have a work-related breakdown over his job.  He is deeply concerned about Dr. Bell's mental well-being and feels it is possible that Dr. Bell may become "overwhelmed" by his job duties as Medical Director.  D'Antonio believes the various relevant Arizona professional medical boards and nursing board should immediately become deeply involved and investigate what is happening.  The Hippocratic Oath:  Do no harm -- is being violated directly.   He says he is witnessing "outrageous" medical neglect and actions contributing to such neglect by staff.

When a patient is referred for an outside professional test, procedure or consultation, the referral goes to the Wexford "collegial board."  He has asked, "What happens if it (the referral) is denied?"  Dr. Bell told him, "Well, it goes back to the referring doctor."  D'Antonio said, "Well, what happens if I refer the same patient a second time for the same procedure because I obviously believe he needs it?"  Bell replied, "Well, then we fire you because you keep making referrals."

He says many doctors and nurses have quit.  About 9-10 doctors have quit between the Florence and Eyman Complexes.  Describing the situation as "under-manned" or "under-staffed" is a diversionary term by Wexford.  The doctors who quit need to come forward to explain the reasons why they quit.  The under-manned situation is a result of the very problematic things that are happening.

D'Antonio says that what is happening in the Department of Corrections with respect to inmate medical care is "nothing short of outrageous."

He will agree to an interview with the media or with the ADC Director, but will only do face-to-face.  He lives in Tucson.

Mr. Ryan, on September 5, 2012, I wrote you an email expressing my concerns about the care being afforded to inmates by Wexford, and wondered why the company did not seem to be attempting to especially impress the Department during the early stages of their multi-million dollar, multi-year state contract.  You did not respond to this email.  It now appears as though Wexford sees the ADC as a cash cow for corporate profits at the expense of the very care they supposedly are contractually, legally, morally, and medically committed to providing.  This cannot be permitted to continue, and corporate assurances of corrective action are fundamentally insufficient as a response to the level, nature, and depth of the issues that now are emerging as a result of the outsourcing of inmate medical care to Wexford.

Just prior to the Sept. 5th email, I had notified you of a Wexford nurse who had ordered a female inmate to lick a powdered prescription medication from her own hand after the nurse had poured it into the hand.  The inmate protested because of the unprofessional and unorthodox method of medication administration and ended up with a disciplinary sanction and movement to another yard.  It is unknown if the nurse was sanctioned or terminated, but you did advise me that Wexford had "retrained" their nurses in the proper method of distribution of medication.

Now, with the above serious information as provided to me, I have no choice but to contact the relevant Medical and Nursing Boards of the State of Arizona.  Human lives are at stake.

While we appreciate the recent well-written noncompliance letter from Joseph Profiri, that letter does not go far enough.  For example, there is no mention that families can't get in touch with or recieve call back response from Wexford about their loved one's medical care.  Families repeatedly complain to me that Wexford's "hot line" is completely non-responsive.

Sincerely,



Donna Leone Hamm, Judge (Ret.)
Executive Director
Middle Ground Prison Reform
(480) 966-8116
MIDDLE GROUND HAS BEEN ARIZONA'S PREMIER ADVOCACY ORGANIZATION PROTECTING THE RIGHTS OF THE INCARCERATED SINCE 1983

----------------EMAIL #2: OCTOBER 5, 2012----------------


October 5, 2012
 
Mr. Charles Ryan, Director
Arizona Department of Corrections
1601 West Jefferson
Phoenix, Arizona  85007
                                                 Re:  EMERGENCY ACTION NECESSARY
Dear Mr. Ryan:

It is my understanding, based on information coming directly from Dr. Lawrence D'Antonio, that Dr. D'Antonio was escorted off the Rynning Unit by the Deputy Warden of the Unit and a security officer, after my recent email to you had been (apparently) forwarded to Wexford.  This is apparently the procedure applied toward whistle-blowers by Wexford.
It is also my understanding that Karen (or Caryn) Grant, Director of Nursing, resigned very recently (since my email to you).  I don't know if her resignation is connected to the fact that when I filed a complaint against her with the Arizona Nursing Board, they advised me that there is no "Karen Grant" who is licensed to practice nursing in the State of Arizona at this time, but that a "Karen Grant" was licensed up until 1991.  I believe that impersonating a nurse is a felony in Arizona.
 
Meanwhile, I have learned some additional very disturbing information from Dr. D'Antionio which, if verified as correct, amounts to an EMERGENCY situation.  The following information cannot simply be passed along to the "appropriate personnel" as you advised about my previous email.  Each and every prisoner who is incarcerated in the state Department of Corrections is entrusted to your department's care and custody, and you and your Department are ultimately responsible for their care, welfare and safety, which -- of course -- includes providing the community standard of care for serious medical needs.
 

During the time he worked at the Rynning Unit, Dr. D'Antonio personally observed that some inmates are given incorrect medications.  He also observed that some inmates are receiving medications which are contraindicated for other conditions that they have (for example; no inmate who is a diabetic should take a beta-blocker, etc.).  Some combinations are drugs which have the potential for being lethal.   He also observed that some inmates are being given double doses of prescribed medication, each dosage from a different manufacturer with a different name.  Once again, in some cases, the double dose could be fatal or seriously debilitating.  He reported to me that he advised Dr. Tom Bell of his observations, and Bell essentially shrugged him off and did not seem to grasp the import of D'Antonio's concerns.  As Dr. Bell had previously stated, "They are just prisoners."

Because you now are in possession of the above information as related to me by a licensed doctor in the state of Arizona and based upon his own personal observation, I believe that you are obligated to order an immediate audit/investigation of ALL inmate medical files for inmates housed at the Rynning Unit.  The investigation must be conducted by an independent qualified doctor or doctors who are not connected to Wexford or to the Department of Corrections in any manner.  Wexford should pay for the audit/investigation.  Other units should be audited as well because there is no reason to believe that these egregious mistakes are isolated to the Rynning Unit only.
Again, it is insufficient to simply pass this message along to Wexford. This potentially dangerous and/or lethal information must be addressed at once and I expect to receive a report of the findings in a timely manner.  A report that addresses these issues would not have to reveal HIPPA protected information because a code number could be assigned to each case.  It is imperative, however, that any incorrect medications, double-dose medications or contraindicated medications must be identified at once; hopefully, prior to an emergency situation induced by deliberate indifference or by gross negligence.

Please advise.




Donna Leone Hamm, Judge (Ret.)
Criminal Justice Consultant
Executive Director
Middle Ground Prison Reform
(480) 966-8116 (or contact James Hamm at (602) 339-0176
MIDDLE GROUND HAS BEEN ARIZONA'S PREMIER ADVOCACY ORGANIZATION PROTECTING THE RIGHTS OF THE INCARCERATED SINCE 1983

Sunday, September 16, 2012

The Atlantic: An American Gulag, Part III.

Part III of an excellent series on why we should abolish these kinds of prisons in particular...don't think this doesn't go down in Arizona, either. The abuse of the mentally ill and the conditions in solitary confinement are why the ACLU has a class action lawsuit, Parsons v Ryan, in the works against the AZ Department of Corrections right now.

Support the campaign to stop the building of more supermax beds in our state here:  

ACLU-AZ Action Center

----------------

Supermax: The Constitution and Mentally Ill Prisoners

The Atlantic: June 20, 2012
By Andrew Cohen
The Eighth Amendment prohibits the "cruel and unusual punishment" of inmates. So how will the Bureau of Prisons defend itself at Supermax?
supermax-flo copy.jpg Reuters 
The first two parts of this series begin to tell the tale of the way a handful of mentally ill prisoners allege they are being treated at ADX-Florence, widely known as "Supermax" and commonly perceived as the most secure federal prison facility in America. So far, officially, the story is just a series of dramatic prisoner allegations of abuse, cruelty, and torture against prison officials and medical personnel. Soon, the Justice Department, on behalf of the Bureau of Prisons, will answer the long complaint filed Monday by five inmates at the southern Colorado prison.

Allegations are not evidence. But in this case, they raise profound questions about how the famous facility is run and whether it is wise as a matter of law and policy to have ceded so much power to the Bureau of Prisons, which controls, in near absolute terms, the treatment of the nation's federal prisoners. The lawsuit seeks no money damages but instead aims to require federal officials to treat mentally ill inmates in accordance with existing law. The case demands a measure of accountability from a sprawling bureaucracy that seems to answer to no one.

The plaintiffs and others named in the lawsuit -- there are 11 men in all and more will likely be added -- live in a world recognizable more from the work of Kafka and Dostoevsky than from modern American life. In the name of prison safety, or in the name of nothing at all, they are often treated like animals and, when they complain, they are punished. The Eighth Amendment prohibits "cruel and unusual punishment," and it's hard to imagine anything more cruel than punishing a mentally ill person for the manifestations of his illness. Yet this allegedly occurs regularly at the ADX/Supermax facility.

Indeed, one of the fundamental concepts in American law is that we generally do not criminalize conduct by people whose minds do not have the requisite "criminal intent" at the time of the commission of the crime. This is why we don't prosecute people who are adjudged to be mentally incompetent -- think Jared Loughner, the Tucson shooter -- and why "legal insanity" has for centuries been an affirmative defense to criminal conduct. A significantly mentally ill person, almost per se, cannot have the requisite intent to be culpable in any justifiable legal or moral sense.

The lawsuit is worthy of particular notice in part because it was spearheaded by serious attorneys like Ed Aro -- a partner at a law firm, Arnold & Porter, that has a long and admirable tradition of pro bono work on behalf of the voiceless. Also filing the pleading was Deb Golden and the Washington Lawyers' Committee for Civil Rights and Urban Affairs, another organization with a long history of groundbreaking reform litigation. Dozens of other earnest, well-meaning women and men have devoted a great deal of time and effort to serve as a tribune for the Supermax prisoners.

Nor should the timing of the case be underestimated. It comes at a time when more participants in the criminal justice system, and especially the nation's penal systems, are questioning the wisdom of America's current obsession with the concept of "solitary confinement" and other harsh punitive measures. Yesterday, for example, Senator Richard Durbin (D-Ill.) held an important Senate Judiciary Committee subcommittee hearing on the topic. Here's how the senator's office framed the issue in a press release before the event:
The hearing will focus on the human rights, fiscal and public safety consequences of solitary confinement in U.S. prisons, jails, and detention centers. During the last several decades, the United States has witnessed an explosion in the use of solitary confinement for federal, state, and local prisoners and detainees. The hearing will explore the psychological and psychiatric impact on inmates during and after their imprisonment, fiscal savings associated with reduced use of solitary housing units, the human rights issues surrounding the use of isolation, and successful state reforms in this area.

Good questions, indeed. Our prison policies have evolved from generation to generation, but the law (and legal protections) don't appear to have caught up. Here is a link from the Innocence Project detailing the Capitol Hill testimony of six people who were wrongly convicted and spent time in solitary confinement. And here is how Charlie Samuels, the director of the Bureau of Prisons, opened his remarks to the subcommittee:
Inmate safety and well being is of the utmost importance to the bureau, as is the safety of our staff and the community at large. As such, we do all that we can to ensure that we provide outstanding care, treatment and programming to federal inmates, giving them the best opportunity for successful reentry to their communities...
When inmates are placed in restrictive housing there are varieties of significant safeguards in place to ensure inmates' due process rights are protected. Additionally, inmates' mental health is always a factor in decisions regarding segregated housing. Bureau psychologists are integrally involved in the restrictive housing placement process, and all staff who work in these units receive training and input from psychology services above and beyond our general staff training.
Samuels still has to answer for Supermax. And Senator Durbin need look no further than to the Florence, Colorado, federal prison for some of the answers to his questions. The Supermax lawsuit, styled Bacote v. Federal Bureau of Prisons, suggests that America is failing to adequately treat its mentally ill prisoners and, worse, that the punitive prison methods employed at ADX/Supermax are actually making previously sane inmates mentally ill. Part I of this series focused upon just such a story, about Jack Powers, whom the Bureau of Prisons essentially turned mad and now won't treat.
 
THE BUREAU OF PRISONS

Go to the Bureau of Prisons' website and it tells you immediately that the goal of the massive federal bureaucracy is "Protecting Society and Reducing Crime." Yet, as the lawsuit suggests, Supermax practices do neither. "Society" is left unprotected because the prison doesn't adequately treat even those mentally ill prisoners who soon will be released back into the public. One of the named plaintiffs, John Narducci, is scheduled to be released in 2015, and another, Ernest Norman Shaifer in 2014.
From the website, here is how the Bureau of Prisons wants the world to perceive the core of its work:
The Federal Bureau of Prisons was established in 1930 to provide more progressive and humane care for Federal inmates, to professionalize the prison service, and to ensure consistent and centralized administration of the 11 Federal prisons in operation at the time.
Today, the Bureau consists of 117 institutions, 6 regional offices, a Central Office (headquarters), 2 staff training centers, and 22 community corrections offices. The regional offices and Central Office provide administrative oversight and support to Bureau facilities and community corrections offices. In turn, community corrections offices oversee residential reentry centers and home confinement programs.

The Bureau is responsible for the custody and care of approximately 217,000 Federal offenders. Approximately 82 percent of these inmates are confined in Bureau-operated facilities, while the balance is confined in secure privately managed or community-based facilities and local jails.

The Bureau protects public safety by ensuring that Federal offenders serve their sentences of imprisonment in facilities that are safe, humane, cost-efficient, and appropriately secure. The Bureau helps reduce the potential for future criminal activity by encouraging inmates to participate in a range of programs that have been proven to reduce recidivism. Approximately 38,000 BOP employees ensure the security of Federal prisons, provide inmates with needed programs and services, and model mainstream values.

I added the italics to illustrate how vast the gulf is between rhetoric and reality when it comes to Supermax's mentally ill prisoners. The Bureau isn't candidly telling Americans that it often treats some of its mentally ill prisoners like animals. Instead, even as prison officials "four point" such prisoners in their cells or deprive them of needed medicine or treatment, the Bureau is telling us that it is treating the men with "humane care." This is not a new hypocrisy but rather an eternal truth of civilized life on this planet; prisons are always worse than the officials who run them say they are.

But websites are for marketers, not lawmakers, so we need to look further to identify relevant Bureau of Prisons policies with respect to mentally ill prisoners. In the Bacote complaint, the plaintiffs cite, among other Bureau regulations, BOP Program Statement 5100.08 (chapter 7, page 18). It states that prisoners within the federal system "currently diagnosed as suffering from serious psychiatric illnesses should not be referred to placement at ... [ADX/Supermax]."

There are also federal rules that more broadly govern the responsibility prison officials have to treat the mentally ill prisoners in their care. There are rules that require prison officials to give medicine to prisoners in their care -- yet the ADX prisoners claim they often are not given their medicine or are given the wrong medicine. There are rules for the formal way prison officials are supposed to evaluate the mental health status of incoming prisoners -- the Supermax prisoners allege these evaluations are a joke.

Moreover, many of the plaintiffs in the new lawsuit, as well as the likely future plaintiffs, reside in Supermax's "Control Unit," its most secure unit. This is partially because of the dangerous, violent conduct the prisoners have exhibited in other prisons, or in other wings of Supermax, as a result of their mental illnesses. But the Code of Federal Regulation governing "institutional referrals" to federal prison "Control Units" appears to directly prohibit this.

The "Judicial Administration" section of the Code of Federal Regulations states that the "warden may not refer an inmate for placement in a control unit ... if the inmate shows evidence of significant mental disorder or major physical disabilities as documented in a mental health evaluation or a physical examination." Is schizophrenia a "significant mental disorder"? How about "delusional ideation" or post-traumatic stress disorder? Is it "significant" when a prisoner mutilates himself or tries to commit suicide?

THE CONSTITUTION
 
Dostoevsky was right: How we treat our prisoners says more about us than it does about them
The Eighth Amendment to the Constitution prohibits the government from inflicting "cruel and unusual punishment" upon its citizens, even its convicted ones, and especially its mentally ill ones. Over the decades, vast groves of trees have been sacrificed papering prison-related litigation over the meaning of the phrase in the context of medical and mental health care. Some of the lawsuits, filed by inmates and others, has been frivolous. Many, however, have not. None like the one filed Monday has reached a point in litigation where a federal judge has issued a substantive ruling on its merits.

Much of this litigation has involved the conditions and lack of mental health care at state prisons. In Brown v. Plata, for example, decided just last May, the United States Supreme Court narrowly affirmed a lower court order that required California to release thousands of non-violent state prisoners to reduce unconstitutional overcrowding in the Golden State's prison system. The lawsuit was based upon the inability of state prison officials to provide their prisoners with adequate medical and mental health care and treatment.

In his 5-4 majority opinion, which infuriated his conservative colleagues, here is how Justice Anthony Kennedy, the Reagan appointee, described the case's mental health component:
Prisoners in California with serious mental illness do not receive minimal, adequate care. Because of a shortage of treatment beds, suicidal inmates may be held for prolonged periods in telephone-booth sized cages without toilets. A psychiatric expert reported observing an inmate who had been held in such a cage for nearly 24 hours, standing in a pool of his own urine, unresponsive and nearly catatonic. Prison officials explained they had " 'no place to put him.' "

Other inmates awaiting care may be held for months in administrative segregation, where they endure harsh and isolated conditions and receive only limited mental health services. Wait times for mental health care range as high as 12 months. In 2006, the suicide rate in California's prisons was nearly 80% higher than the national average for prison populations; and a court-appointed Special Master found that 72.1% suicides involved "some measure of inadequate assessment, treatment, or intervention, and were therefore most probably foreseeable and/or preventable." (citations omitted by me).

From the high suicide rate to the inadequate "assessment, treatment, or intervention," there are many similarities between the proven facts that compelled Justice Kennedy to side with California's prisoners and the facts alleged in the new complaint against ADX/Supermax. But still we need to look a little further. The leading case in the area, the one closer on point, perhaps, than even the Brown v. Plata case, comes from litigation nearly two decades ago over California's Pelican Bay State Prison.

The case, styled Madrid v. Gomez, represents what many consider to be the most comprehensive of all modern prison mental health care rulings. In it, U.S. District Judge Thelton Henderson (the first black judge to serve in the Justice Department's Civil Rights Division) displayed another copious amount of courage for skewering prison officials for the way in which they were treating California prisoners. The gravamen of his order was that prison officials are required by law to provide reasonably adequate mental health care for inmates.

Perhaps the most efficient way to illustrate Judge Henderson's meticulous analysis of the mental health care in those prisons is to look merely at the outline of this section of his long ruling. Even in just the titles and subtitles, you can see many of the same themes and issues raised by the new Supermax lawsuit. The decision is laden with the acknowledgement that prison officials simply fail or, worse, refuse to treat mentally ill prisons in a way demanded by the Eighth Amendment.
C. Mental Health Care
1. The Need for Mental Health Services At Pelican Bay
2. Systemic Deficiencies In the Delivery of Mental Health Care
    a. Staffing Levels
    b. Screening and Referrals
    c. Psychiatric Records
    d. Delays in Transfers for Inpatient and Outpatient Care
    e. Lack of Procedures for Necessary Involuntary Psychiatric Treatment
    f. Failure to Involve Mental Health Staff in Housing Decisions
    g. Suicide Prevention
    h. Quality Assurance
    i. Treatment Provided
    (Specific inmate cases were discussed here)
3. Defendants' State of Mind
POSTSCRIPT AND PREVIEW
At the beginning of a lawsuit there are always more questions than answers. For example, how do law and policy permit the Bureau of Prisons to routinely ignore the recommendations of federal trial judges who, when sentencing mentally ill felons, specifically direct prison officials to ensure that the men are to be properly treated for their illness while in prison? The Bacote complaint alleges no fewer than four examples (Jeremy Pinson, John W. Naducci, Jr, William Concepcion Sablan, and David Shelby) where this disconcerting practice allegedly occurred.

How does the Bureau of Prison justify the expense of its punitive policies when compared to the cost of treating mentally ill prisoners properly in the first place? The Bacote complaint is filled with examples of crimes that could have been avoided had mentally ill federal prisoners been given the right medication, in the right form, with the right supervision by the prison medical staff? Do the American people know how expensive it is to treat these mentally ill inmates with such callous disregard?

How does the Bureau of Prisons justify the evident disconnect between the diagnoses of the mentally ill prisoners made at other federal prisons and the diagnoses offered at ADX/Supermax? The Bacote complaint is filled with examples of prior diagnoses being disregarded once an inmate arrives at ADX/Supermax. There are sound reasons why a defendant must be deemed mentally competent to stand trial -- but why does such a competency determination not impact the severity of an inmate's incarceration?

It is hard to predict how this lawsuit will play out. Federal judges are generally reluctant to force bureaucracies to justify their conduct. First, the Bureau of Prisons likely will move to dismiss the complaint on procedural grounds before prison officials are required to provide the plaintiffs with access to internal case files. Then, federal lawyers likely will argue over the scope of that discovery. If the case ever makes it to trial, it will be years from now.

And through it all, through all the years of briefing and hearings and argument ahead, the daily fate of Supermax's mentally ill prisoners will continue to be at the whims and caprices of their captors. It would be one thing if federal law and Bureau policy explicitly permitted ADX officials to treat the mentally ill this way. But of course the American people would not countenance such inhumane treatment, even toward society's least loved segment. That's why Bureau Director Samuels had to tell the Senate yesterday that his officials give Supermax prisoners "outstanding care, treatment and programming."

Dostoevsky was right: How we treat our prisoners says more about us than it does about them. Earlier this year, I read Pete Early's bestselling book Crazy: A Father's Search Through America's Mental Health Madness. One of its many profound lessons is that America pays an enormous price for trying to sweep its mentally ill prisoners under the rug. Win or lose on the merits, the Bacote case represents a vital new opportunity to shed light on what is happening to these profoundly ill men -- what is being done to them in our name.


This is the third in a three-part series about a new class-action lawsuit filed Monday against the Bureau of Prison and the officials who run ADX-Florence, the "Supermax" facility that houses some of the nation's most dangerous criminals. Part I focused upon the complaint, which alleges torture, abuse, and neglect of the prison's mentally ill prisoners. The second part focused upon the plaintiffs and other prisoners named in the lawsuit.