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 Maricopa County Sheriffs Office. Show all posts
Showing posts with label Maricopa County Sheriffs Office. Show all posts

Tuesday, September 30, 2014

Judge Wake re: Graves v Arpaio: jail medical care still sucks.


I heard some time ago that supervision of the MCSOs health and mental health care services for prisoners was going to be winding down due to their increasing compliance, though I kept hearing horror stories coming out of Joe's jails - like the young woman who lost her unborn child due to food poisoning last winter, soon before the men and women alike tried to launch a hunger strike to protest being fed garbage unfit for human consumption (Arpaio made it sound like they were just upset about going vegetarian - like they really wanted that green bologna and mystery meat back). 

The MCSO is also holding mentally ill children in solitary confinement - which has been shown to be devastating to such prisoners' mental health. I'd love to see the ACLU and Judge Wake take that one on next. Then again, maybe this current suit would cover solitary for those kids, if I can get evidence to the court that it's damaging already-compromised, mentally ill youth, and that their ultra-isolation isn't serving any penological interest. Hmm...




Also, check this link out in re the racial profiling lawsuit against Sheriff Joe and the MCSO, now under orders to reform by US District Judge Murray Snow:

"The ACLU of Arizona has launched a website, ChangingMCSO.org (in English)/CambiandoMCSO.org (in Spanish), so that the public can keep up with the court-ordered reforms of the Maricopa County Sheriff's Office."





--------from the ACLU-AZ---------



Arpaio's Jails Ordered to Stop Endangering Prisoners' Health



Judge Finds Maricopa County Jails Fail to Provide Adequate Medical and Mental Health Care


FOR IMMEDIATE RELEASE
September 30, 2014

CONTACT:
Alexandra Ringe, ACLU national, 212-549-2666, media@aclu.org
Steve Kilar, ACLU of Arizona, (602) 773-6007, skilar@acluaz.org

PHOENIX – More than four years after a federal judge put the Maricopa County jails operated by Sheriff Joseph Arpaio under court order for neglect of detainees, that same judge, Neil Wake, has ruled that the jails must remain under the order. Judge Wake found that the jails continue to provide detainees with inadequate medical and mental health care. The American Civil Liberties Union and the ACLU of Arizona showed during an evidentiary hearing that concluded in March that the scarcity and poor quality of the jails' medical and mental health care caused unnecessary suffering.

"Those in charge of Maricopa County's jails can no longer skirt their constitutional responsibility for detainees' health," said Eric Balaban, staff attorney for the ACLU's National Prison Project. "Judge Wake found severe problems with the jails' medical care, from intake to treatment. Detainees have had serious illnesses that the jails' staff missed or ignored, causing permanent injuries and even deaths. With today’s decision, every detainee at Maricopa County should have access to adequate medical and mental health care. At last."

In August 2013, Maricopa County commissioners and the Sheriff asked the court to lift the order placed on it in 2008 – an order which itself resulted from the jails' failure to provide constitutionally adequate health care and abide by the terms of a 1995 federal court order requiring improvements in health services.

As Balaban explained, "Last year, the Maricopa County jails requested an end to the 2008 court order, claiming that they'd done what was necessary for the detainees' mental and physical health. We said, 'Not so fast.' We investigated, bringing medical and mental health experts to the jail, and what we found showed Judge Wake that the jails have a long way to go before his order can be lifted."

In addition to the ACLU and the ACLU of Arizona, Osborne Maledon, P.A., has assisted on the case.

Read the ruling here: https://www.aclu.org/prisoners-rights/graves-v-arpaio

Thursday, May 29, 2014

Federal precedent set: Jail mail "postcard-only" policies unconstitutional.



"Funk Sheriff Joe" Campaign
28th and Indian School, Phoenix, 2012

This goes out to prisoners of the Maricopa County Jails: 

The end of the postcard-only policy will come to this state only if you file grievances and appeal them all the way to the top, then file suit. Please do so if you plan to be there at least another 6 months.

Your grievances should specify that the policy is a violation of your first amendment rights. Note the reasons raised below that the court said such a policy is a constitutional violation in Oregon (article 2). Itemize the kinds of consequences that the policy has had to you, personally (ie: increased isolation, despair and loss of intimacy; loss of housing or defaulting on debts or missing critical information for being unable to attend to personal business; decreased likelihood of staying out of jail/prison if close relationships are disrupted; lack of information about current events may impede your ability to participate in your defense; and so on.) Tell them the remedy you desire is the end of the policy and the allowance of regular mail again.

In the meantime, you should check out the library at the jail for legal resources, and ask for a "Section 1983 Civil Suit filing packet". The most recent version should be May 2013. Get to know the library's resources, you'll need them. Be good to your librarian, too - you need them a s well. Dont go around talking about suing, either - keep it on the down low or face harassment and retaliation by officers and administrators. But let other prisoners know what you are doing, in the hopes they will join in.

At the same time you try to get the info from the library, write to the US District Court and ask for a current "packet for prisoners needing to file pro se" (with no attorney). They will send you the forms and instructions, including for how to file if you have no money to put down up front for the filing fee ($400) - that should not stop you. See who comes through with the right documents for you the fastest. Always trust the courts before you trust the jail's instructions and paperwork, though. Here's the addy:

US District Court: Arizona  / Sandra Day O'Connor Courthouse
410 W. Washington Street Suite 130  / Phoenix, AZ 85003                 


 If the jail staff are intimidating you or impeding your ability to file a lawsuit in any way, send what evidence you have of their conduct to the ACLU, below. If at all possible, though, you need to have a loved one run a shadow file for you of all your important documents from this point forward. Once they realize what we're doing, the jail will tear up your houses and try to destroy any evidence you have that could be used against them, so mail all your docs out somewhere safe and retrievable ASAP.

You cannot file a lawsuit or a complaint with the ACLU until you have completed the jail's grievance process, appealing every denial. Get a copy of the policy and follow it to the letter. Send copies of your completed, denied grievances, with the enclosed complaint form (or a letter) to:ACLU of Arizona  / P.O. Box 17148 / Phoenix, AZ 85011
 
Tell the ACLU you want to file a Section 1983 federal civil rights suit to seek an injunction to end the postcard-only policy of Sheriff Joe's. It's being thrown out by the federal courts all across the country. Ask them to help you and other prisoners fight it. The more who write to them, having completed the grievance process, the more likely they will be to deal with it. They aren't inviting you to do this, by the way - I'm suggesting it as our strategy to elicit their help. No guarantee that they will have the capacity to, though, even if they desire to.

Families of MCSO prisoners: you also have standing to sue, if this policy is infringing on your first amendment rights, too. Talk to the ACLU-AZ about what you might be able to do, too.

I write the blog Arizona Prison Watch, by the way, from my home, and I'm no attorney, just a well-intended anarchist; this is how I fight the state. My address is PO Box 20494 / Phoenix, AZ 85036 - phone is 480-580-6807. email is arizonaprisonwatch@gmail.com I'd love it if you'd all keep me in the loop too - I can run a shadow file for prisoners if you are willing to commit to this effort and send me your documentation.

Finally, if you're going to be doing all this because you expect to be stuck in jail for awhile,  subscribe to Prison Legal News, PO Box 1151, Lake Worth, FL 33460. Its only $30 a year for prisoners, and well worth it.


Good luck, and blessings. May we all someday live free.

Peggy Plews

----------------------from the ACLU----------

ACLU-MO Challenges Jail’s Postcard-Only Policy in Federal Court

Friday, October 5, 2012

Justice for Deborah Braillard: Change the Victim's Bill of Rights.

These jail and health care "professionals" from Correctional Health Services should have been criminally prosecuted for their treatment of Deborah Braillard. This is one more reason we need to change the Victims' Bill of Rights in the AZ Constitution to stop exluding prisoners as victims. "Persons in custody for an offense" (and their survivors, if they are killed in the care of cops or corrections officers) are the only class of humans denied those basic rights and protections. 

State entities and predatory corporations like Wexford Health Sources can claim "victim" status if anyone so much as trespasses against them, but prisoners - including people in custody who are not yet convicted or charged - don't have legal status as victims of their criminal misdeeds. We need to change that, people...




--------from the AZ Republic-----

Maricopa County agrees to settle suit tied to inmate death


Maricopa County administrators have agreed to pay an undisclosed amount to settle a 6-year-old lawsuit over a woman's death that occurred after she was booked into a county jail.

The county has already spent about $1.8 million to hire attorneys to defend itself in the lawsuit, said Cari Gerchick, a county spokeswoman.

Any other details on the terms of the settlement will remain under seal until the county Board of Supervisors meets on Oct. 17 to authorize the agreement, she said.

The Sheriff's Office is also not authorized to comment on the agreement until it is approved, a spokesman said.

In addition to Maricopa County and the Sheriff's Office, the lawsuit targeted Correctional Health Services, the taxpayer-funded agency that provides constitutionally mandated health care in the county jails.

The lawsuit was filed in 2006 by the surviving family members of Deborah Braillard, a 46-year-old woman who had been booked in jail several times before her entry into the Fourth Avenue Jail on Jan. 1, 2005, on suspicion of drug possession.

During her prior jail bookings, Braillard's diabetes had been noted during the health-care screening that every county inmate undergoes when admitted into jail.

But employees of Correctional Health Services failed to note Braillard's medical condition in early 2005.
Instead, because Braillard was barely coherent and slurring her words, jail health-care workers thought they were dealing with a woman in the throes of a drug addiction.

Braillard was coming off drugs and showing signs of a blood-sugar crash, according to court documents, her family and testimony from jail employees. She was disoriented, vomiting, soiling herself, sweating profusely and complaining of pain, according to court documents. Employees attributed her symptoms to drug withdrawal.

Four days after she was booked into jail, Braillard was taken to Maricopa Medical Center, where she would remain unconscious until she died 18 days later of complications from diabetes.

The form used to assess the medical condition of an incoming inmate lists 27 questions. A health-care worker completed Braillard's assessment in less than a minute, according to court documents.

No one noticed that Braillard was diabetic. An electronic medical-records system, had it been in place, could have immediately alerted employees about Braillard's condition. She had been administered insulin at the jails many times before, and an electronic system would have included her medical history.

County administrators signed a $4.5 million contract for an electronic medical-record system in March, though the network is still in the design phase, Gerchick said.

Wednesday, September 5, 2012

The Other Death Row: Remembering Gina Panetta.


Central Phoenix Neighborhood
(November 2011) 

 

chalk art and post-production rendering: Peggy Plews
 photography: PJ Starr

Over the course of the next few weeks, I'll be posting heavily on health and mental health care in Arizona's state prisons, in honor of this being Prisoner Health Care Month.  Yeah, I just made that up - I can't wait for Hallmark to call it, and given all that's been happening with Wexford Health Sources taking over medical care in the DOC this summer, it seems to be the right time to pay extra close attention to why folks are dying the way they are behind our billion dollar bars.

So, if you want news about other stuff going on in the state's criminal justice system this month - news that's likely to be out there already - Google it, and email me the link if it's something you think urgently needs to be here. I'm otherwise going to be occupied trying to keep up with what has become a flood of prisoner correspondence, most of which are desperate men pleading for help just surviving sentences for drug and property offenses. Others are working more with the women - they haven't been forgotten. The day to day struggle of these prisoners and their families are my first priority, not my blogs. My blogs are just tools to get the prisoners what they need, anyway.

That said, this reprint of Sue Ellen Allen's 2009 prize-winning essay "Fear", seems an appropriate way to kick off the month. Find her and support the work she does with GINA's Team.


------------Fear----------

Someone told me there are 365 references in the Bible to fear. Basically, all of them say, “Fear not, for I, the Lord thy God, am with you.” So, with my faith that I treasure, why am I afraid, always afraid?

It started in Estrella Jail where the incessant noise, violence, hostility, and indifference overwhelmed me. It is a hellish place for a healthy person. Everyone is in black and white stripes and the conditions breed anxiety and stress. There are rules you don’t even know about, and one hostile officer who is having a bad day can make yours miserable. I was brought up to respect authority and obey the rules, but these girls have no respect for anyone and will “go off” on anybody . . . inmate or guard. There are lock-downs. There is pepper spray. There are brutal searches by the terrifying ‘men in black.’ Why? Fights, drugs, who knows? I try to stay in my corner bed and read, read, read so that my mind can escape. The noise continues nightly until well past 3:00 a.m. and I long for silence. There is no silence. Instead, they yell at each other to be quiet. “Shut up.” “No, you shut up.” “Shut the f—k up.” “No, you shut the f—k up, bitch.” And so it went, night after endless night.

I guess it could be funny, but I left my sense of humor at the Horse Shoe, at the Madison Street Jail where I was processed. Thirty-six women were squeezed into a 10’ x 12’ cell with literally no room to sit down. Using the open toilet in the corner meant climbing over tangled bodies while you tried not to kick someone accidentally. Privacy was non-existent. I was there for 12 hours. Then, because I was sick, they moved me to a 6’ x 6’ cell with a blessed, filthy mattress. Oh, bliss. I didn’t sleep, but I was able to lie down. I had been up for 36 hours and had only baloney sandwiches to eat. I felt exhausted, unbalanced, and terrified of this weird netherworld where I’d landed. In the hall, there were two men with mesh hoods on their head, strapped to strange looking chairs, screaming and swearing at the top of their lungs. Doors clanged all night and I lay on the floor on the filthy mattress and shook and prayed. Where was God? I knew he was there, but I couldn’t hold his hand or feel his arms around me. I have never felt so alone.

About 10 hours later after processing, I was handcuffed and shackled for the ride to Estrella. There I was fingerprinted all over again and had my first strip search before donning the famous stripes of Joe Arpaio’s infamous jail. Then we were led down the hall, dropping off women at various dorms. Mine was last. It was July and I could feel the heat conquer the air conditioner as we walked towards the last door. A blast of hot air and noise took my breath away as I walk into “the slumber party from hell.” But, even here in hell, there is kindness. A very young girl helped me find my bunk and made it for me the “prison way.” (You have to tie the sheets at both ends so they won’t slip off the skinny, plastic mattress.) She showed me the ropes and made sure I was okay.

Okay. How could I be okay? I had no idea what to expect and no one to ask. I alternated, first shaking and then breaking out in a cold sweat, my heart racing. I later learned that these are panic attacks. I’d never had one before. I’d never seen people treated like this before. Many say they deserve it. Maybe so, but it seems to me if you take a dog and put it in a cage in the back yard, give it really bad food, yell at it all the time and kick it a lot, and then in a year or ten, let it into the house to play with the children, you’re going to have a very angry, very confused, very frightened and hostile dog. That may not be a proper psychological analogy, but that was what I saw around me.

After living in this nightmare for two and a half months, on September 26, at midnight, I was handcuffed and shackled and taken in a bus with 49 other women to the old jail where we sat from 2:00 a.m. until 4:30 a.m. in the old morgue, a big windowless, dirty concrete room with an open toilet on one wall. There are no chairs, just the floor that is so cold it feels like an ice rink. There are little roaches everywhere, despite the cold, which you think would discourage them. Some women sit, some lie down, some pace despite the shackles that cut into your ankles, all waiting for the door to open at 4:30. Then we are given a sack lunch and moved upstairs to the old condemned cells, 8’ x 16’, four metal bunks, and one open toilet. There are 10 women to a cell. Here we wait some more and try to eat the horrid, nutritionless meal. Two pieces of baloney, six slices of bread, one orange and one small box of blue Kool-Aid. This is the only food we will get for 12 hours or more. It is still freezing. We shiver, we pray, we talk, we shiver some more while we wait for the dawn.

All of these women are going to court. Not me. I am going to Maricopa Medical Center for a mastectomy. I’m not supposed to eat. I just wait and pray. I think my surgery is scheduled for 9:00 a.m., but instead, that’s when they come for me. At the hospital, no one tells me anything. I am locked in a room alone, freezing. I ask for a blanket. No, they snarl. Why is everyone so nasty? Finally, about 3:00 p.m., a female guard comes to tell me they had an emergency but I’m going soon. I haven’t eaten in 20 hours, I haven’t slept, I’m freezing and facing surgery alone. I am afraid.

There is no one to hold my hand or comfort me or pray with me. There is no kindness. When I change into the surgical gown, I see myself in the mirror for the first time in more than two months and I don’t recognize me. I’m 15 pounds thinner, nearly bald and very pale. Who are you? Maybe it’s not really me. Maybe it’s a nightmare.

Five days later, I am back at Estrella. No one has touched me except for the surgeons with their knives and the nurses with their needles. The surgeon finally comes to tell me my margins weren’t clean. I’m due for chemotherapy and maybe more surgery. Three months later, I am sentenced and the judge expedites my move to Perryville Prison because I still have not had any chemo. It was supposed to begin in mid-October, but the jail has delayed it, hoping to get rid of me and save the money. At Perryville, I tell this to the check-in nurse. She frowns and says, “Well, the judge can expedite all he wants, but you’re in prison now and you can get in line.”

Finally, my chemo does start and I am very sick. The kitchen sends me trays of regular food and I vomit. I go to the kitchen to beg for just broth or plain potatoes. Nope. Nothing they can do. On my way back to my yard, I collapse, vomiting. A guard comes and asks if I can walk the three blocks to medical. There are no wheelchairs. I’ll try. One third of the way across the soccer field, I collapse and vomit some more. As I lie there, a sergeant comes toward me, asking disgustedly, “What’s the issue, Allen?” How do you answer that? Cancer. Chemo. I’m sick. And I vomit some more. His shoes are eye level. Shiny. Not boots like everyone else. I notice he keeps them well away from me.

At last, I weakly pull myself up and continue across the field. No one helps me. By now, there are several more officers and a nurse. They walk behind me. I make it to the picnic tables in Visitation where I stop and vomit some more. I hear the sergeant bark, “Get somebody to clean this up.” No vomiting on the rocks.

I make it to Medical where the nurse put me in a room on a hard, cold leather table. She hands me a wastebasket and I continue to vomit. How can I vomit so much? This never happened when I had chemo outside. My oncologist was so determined that my nausea would be minimal. In here, there is complete indifference. The nurse comes with the news that the doctor says he is too busy to administer the shot to stop the vomiting. Even the nurse is frustrated. She says there is no other emergency. He’s doing paperwork. I vomit until there is nothing left and then I dry heave until I cannot lift my head. At last, an hour later, the doctor comes in, obviously irritated to deal with me. He acts like I’m faking and reluctantly administers the shot. Eventually, I am sent back to my room alone. I am dismissed.

I have three more treatments of chemo. Despite the rigid schedule, never is the medication ready on time nor is the newly discovered chemo diet ready. I have to spend my sickest days walking to Medical, begging for what I’m missing. When I’m supposed to be healing, I’m worn out battling for proper treatment. I do not understand the indifference. These are supposed to be health care professionals. I know I’m an inmate but does that mean I’m to be mistreated? I am so sick.

I lose all my hair. I ask for a turban like Christine has. Medical looks at me blankly and sends me to Security. It’s not their responsibility. Security shakes their collective heads and says that’s a medical issue. Back to Medical who refuses to see me. It’s not them, it’s Security. I’m sick and finally in tears as I face yet another sergeant. She must feel some pity for my futile efforts and says she’ll talk to Ms. Bailey, the Assistant Deputy Warden. I trudge back to my room, exhausted. A few hours later, there is a knock at my cell door. The sergeant appears with a blond lady in regular clothes whom I have never seen before. They have a beanie for me and look very proud of themselves. They’ve had the Garment Factory make it. I am very grateful but wondered why there is no policy to deal with this situation. Why was it necessary to bat me around like a ping pong ball, wearing me out, diminishing me, emphasizing my helplessness here?

That’s the real fear . . . my helplessness in the face of a medical department that is incompetent and apathetic. My life is literally in their hands and I’ve come to feel they don’t give a damn. I am not a patient with cancer. I am an inmate with cancer and that is full of hidden meaning.

Chemotherapy is finally over. Radiation starts. No more nausea. Burning instead. Meanwhile, my roommate Gina is getting sicker. She’s been to Medical and the nurse told her to come back in two weeks. If she’s still sick, they’ll know she’s not faking! They are treating her with the same hostile indifference that I experience. I know that sounds strange but it describes it perfectly. Gina had previously given me a little pep talk when I cried over my situation at Medical. “Come on, Sue Ellen. It can’t be that bad.” Now she is abjectly sorry. “I was wrong. It’s worse.” She agrees that when you’re sick, it’s awful to be neglected and feel so helpless.

Gina is a thin girl and can’t afford to lose the 15 pounds she’s lost. Her coloring has turned gray. She says her throat feels like she is swallowing ground glass and she can’t eat. Her head throbs constantly. Her gums are bleeding. We don’t know what’s wrong. They have refused to do a blood test, even though her parents called and asked for one. They said she was getting appropriate treatment. They gave her some antibiotics, but for what? They said she had a sore throat, or maybe allergies. Antibiotics, but no blood test.

On June 19, Gina dies.

The last week of her life was spent in horrific pain, crying, terrified, neglected. Medical was hostile. No one listened. She lay on her bunk, literally beating her head against the concrete wall, wailing, “Why won’t the pain stop? Make it stop, make it stop.” Finally, she couldn’t even walk. Unable to climb to her top bunk, she lay on mine, crying as I held her and prayed the 23rd Psalm over and over aloud. On June 16 , they finally took her to the hospital while I was at radiation. When I returned from treatment, she was gone. I went to Medical to get my burn cream and pain meds. My chest is a mass of blisters and feels like a tiny fairy is dancing on it with razor blades on the soles of her shoes. The nurse says they don’t have my meds and I can buy IBU’s at the store. Well, I could if it was Walgreens. We shop once a week and I have no money anyway. This is cancer. The meds are ordered. Why can’t I get them? Why is everything such a battle?

I am exhausted and worried sick about Gina. I’ve cared for her for weeks, but now I’m not allowed to know anything or talk to her parents. “Confidentiality,” they say. B.S. That is just the smoke screen they hide behind. The silence is deafening. Gradually, I hear surreptitiously, from the guards, that Gina has leukemia and it’s serious. But leukemia is very treatable. I do not understand. But suddenly, two days after they took her to the hospital, she is dead. How in the hell does a healthy 25-year-old die so fast? DOC says she had myeloid leukemia, fast acting and a death sentence. I wonder. If that’s true, does it mean you die in misery and pain, isolated and afraid, unable to say goodbye to your children?

The shock of Gina’s death is overwhelming. There is no counseling for inmates, but they do offer it to the officers. They continue to treat me with ignorance and apathy. Soon after this, Christina is released, has a second mastectomy and dies three months later. If her cancer had been diagnosed and treated when she discovered her lump, maybe she’d still be alive too.

Finally, my treatment is over. The radiologist says the protocol is a visit to the oncologist or radiologist alternating every three months for two years, then every six months for two years and then annually. But this protocol is not followed and nine months later, I start the laborious grievance process. Finally nearly one year after my last visit to the radiologist and 16 months after my last visit to the oncologist, I am allowed a teleconference with an oncologist who is completely unfamiliar with my case. He answers my questions, but there is no way for him to examine me and he’s never seen my file. He recommends a tumor marker test. Six months later, it still hasn’t happened. My cancer was stage 3B. My tumor was six cm. My margins weren’t clean following surgery. At the time, the oncologist said I had a 60% chance to live five years. Gina and Christine are dead. There are fourteen members of our cancer support group and all of them have terrifying and heartbreaking stories of neglect.

Before I was indicted, I had normal fears, but I always subscribed to Dr. Susan Jeffer’s book, Feel the Fear and Do It Anyway. Whatever it was, I could handle it. If it was a problem, I tackled it. A person, I faced them. An event, I met it head on. Sometimes I succeeded. Sometimes I didn’t, but always I tried, no matter what.

Then on February 14, 2002, I was diagnosed with cancer and I even tackled that. I researched my condition. I found the best oncology team (after I learned what an oncologist was).Together we faced the fear. We managed the pain. I was in good hands and I trusted their knowledge, their experience and their compassion. Cancer is a condition to fear, but you can face it. The justice system and prison are another story. Prison with cancer takes fear to a new level. I can control my mind. I can be optimistic. I can pray and believe and have faith, but I cannot change the horrible conditions, apathetic nurses, indifferent, incompetent doctors and mean-spirited officers. When they make decisions that affect my health, I am helpless. Gina wrote and her family called to no avail. They were all helpless.

That is why I am afraid. No amount of platitudes and cute sayings, no mind control, no positive imagery can change the situation. My life and my health are in the hands of the State and I am helpless against its inadequate, mismanaged, incompetent, uncaring power. This isn’t irrational fear about some hostile guard or stupid rule. I can deal with that. This is about the State, an enormous multi-tentacle octopus whose head cannot control all the thousands of tentacles who unite to form an impenetrable wall of incompetence. How do I deal with that?

Do you remember the story of Pollyanna? Her father taught her to play the Glad Game. No matter what the circumstances, always look for a reason to be glad. That’s really hard in here, but I’ll try. I’m glad I came to prison with cancer because I’ve experienced something firsthand that most people outside couldn’t believe. I’m glad Gina was my roommate and we were able to share her last days together. I’m glad my hair loss is visible and makes me vulnerable. As a result, many women come talk to me about the lump they’ve found or how it felt to lose their mother to cancer. Their stories touch me on so many levels. I’m glad Gina’s family is advocating for changes in the system so that Gina’s death will mean something positive.

There, you see. There are reasons to be glad. All of this reminds me that there are so many that suffer regardless of where they are. No one’s pain is unique . . . certainly not mine. I will use my fear to strengthen my resolve and use the Glad Game to strengthen my joy and maintain my balance in the midst of chaos. I will use this experience, cancer in prison, to help others survive their pain wherever I am . . . inside or out.


Monday, June 25, 2012

MCSO Brutality: Catching up to the killers of Marty Atencio

I read this and wept. Thank you to Stephen Lemons for staying on it...


Marty Atencio, beaten, tased, stripped and left to die 
by cops and guards in a "safe cell" at the 4th Avenue Jail
Phoenix, December 15 2011


----------from the Phoenix New Times-----------


Jailhouse Goons Make Fun Of and Kill a Mentally Ill Inmate
By Stephen Lemons
Thursday, Jun 14 2012


It takes a twisted individual to delight in the sufferings of the mentally ill. A special type of sick, sadistic bully. The kind employed in spades by the Maricopa County Sheriff's Office.

The December 16 killing of Army veteran Marty Atencio is the latest example of the above, one of the most recent in a string of corpses that punctuates the timeline of Sheriff Joe Arpaio's nearly 20-year career as this county's top lawman.

As reported last week in my Feathered Bastard blog, the Atencio family's attorney, Mike Manning, has filed notices of claim, totaling $20 million, with both the city of Phoenix and Maricopa County in Atencio's brutal demise at the hands of Phoenix cops and MCSO detention officers working in the Fourth Avenue Jail.

Since the 44-year-old's death occurred just hours after the U.S. Department of Justice issued its scathing report on the MCSO's pattern of discriminatory policing, racial profiling, and abuse of Latinos in Joe's gulags, much has been revealed about the circumstances surrounding the Atencio homicide.

The county medical examiner's autopsy noted Atencio's history of mental illness and hospitalization for psychosis.

Toxicology results from specimens, including those taken at St. Joseph's Hospital hours after Atencio's arrest earlier that day, showed no illicit drugs in Atencio's system.

Phoenix Police Department reports reveal that Atencio generally was passive and compliant during the two encounters with Phoenix cops that culminated in his arrest on December 15.

Indeed, Atencio "showed no signs of being a danger to himself or others," according to Phoenix Officer Sarah Roberts.

Rather, Atencio "simply appeared to be not medicated and engaged in very random conversation," Roberts said.

Atencio was arrested in West Phoenix for scaring a resident, Cathy Boyd, after kicking the apartment door of her neighbor.

Manning quotes from Boyd's affidavit recounting details of the incident:

"Marty did not physically threaten me at any time . . . I knew there was something wrong with him, and I just wanted him to . . . get some help."

Apparently, Atencio was treated well until he was taken to Arpaio's infamous jail, where cruelty is king and an idiotic environment pervades.

The most damning evidence of Atencio's mistreatment comes from interviews with detention officers and Phoenix cops carried out within days, sometimes within hours, of Atencio's beat-down and Tasing, referred to euphemistically by the Medical Examiner's Office as a "law enforcement subdual."

The interviews were done by MCSO detectives. Manning's law office obtained them through a public-records request.

Apparently, Atencio's mind at the time was like that of a child's. Disoriented, spouting nonsensical comments, he often referred to himself in the third person as "Tony" and seemed to be mimicking Robin Williams' character in Good Morning, Vietnam.

Some detention officers and cops thought Atencio was on drugs, claiming that he told someone during his stay in Fourth Avenue that he had smoked meth earlier in the day.

But toxicology reports don't lie. Cops and detention officers are another story. Soon after Atencio was taken, brain dead, to St. Joe's, they were making assumptions to rationalize their behavior.

Thing is, the breakdown in law enforcement discipline — including a Phoenix cop's pushing Atencio with his cuffed hands bent awkwardly and painfully — cannot be rationalized.

It also included MCSO detention officers mocking and humiliating Atencio as they took his mug shot.

"They encouraged him to make funny faces and . . . kept saying, 'Let's make this one the Mug Shot of the Week,'" one witness said.

Another witness noted that when they took Atencio's picture, "It was a big joke" and "they all stood around and laughed about it."

This hilarity turned deadly once Atencio was surrounded by officers demanding that he remove his shoes. When in Phoenix custody, cops had gotten Atencio to take off his shoes by just being patient and repeating their request. Here, Phoenix police and MCSO guards were far from patient.

Two Phoenix police officers who were there to help process detainees initiated what Manning calls a "jailers' riot," even though Atencio was standing before them, arms crossed, presenting no threat.

The notice of claim identifies the Phoenix cops as Patrick Hanlon and Nicholas French.

Several MCSO gendarmes joined the fray, in what one onlooker called "a big ol' dog pile." Though Atencio was smothered by officers, MCSO Sergeant Jason Weiers Tased Atencio several times.

Anthony Hatton, a detention officer who since has left the MCSO, punched Atencio in the face three times. Hatton claimed the strikes were necessary, but a couple of his fellow guards did not agree.

"He shouldn't have been punching him," detention Officer Sergio Salinas told investigators. "It was excessive."

Later, after Atencio was hauled to a "safe cell," where he would be stripped of clothing and left to die, Hatton continued the abuse, kneeing Atencio as guards held him down.

Detention officer Blas Gabrial told detectives that he yelled Hatton's name upon seeing the force used on Atencio. When asked why, he said, "Because I didn't think it was necessary."

While Atencio was lying motionless and naked in the safe cell, where he would breathe his last breath without life support, what were many of these men and women of law enforcement doing?

Laughing, joking, and cutting up like teenagers. Video shows two women — one in uniform — dancing and bumping butts. Hatton laughs and demonstrates what looks like a fighting move to other officers. A Phoenix cop eats an orange and grins.

Minutes later, they're all gathering around the door, precious seconds slipping away as they take their time getting it open.

"[Prisoners] play that game a lot," Weiers told an investigator, referring to Atencio's stillness. "You know, playing like they're dead."

Atencio wasn't playing. He already was gone. But CPR was performed, and he was rushed to St. Joe's. On December 20, his family removed him from life support.

If you saw grown men and women abusing a mentally ill or disabled person, would you do something about it?

Likely so. Which is why, ultimately, I blame the voters of Maricopa County for what happened to Atencio.

They've been told about a lot of such brutality in Arpaio's jails over the years and, so far, have looked the other way.

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Monday, April 9, 2012

Correctional Health Services regains accreditation at MCSO jails.

 From what I hear every week, there are still some pretty serious deficiencies in how the health services staff treat prisoners in Joe's jails. And the AZ state prisons that are getting sued for having just about the worst correctional health care in the country are actually accredited, too, so don't get too excited here, folks. This fellow Tegeler's denial is a problem - he thinks the quality of their care has always been good, and he's the guy in charge - no wonder it was such a mess. The pervasive culture of contempt for prisoners and their families throughout both the MCSO and the AZ DOC also has to fundamentally change before any of the rest of this will really get better...that means, for starters, that the toxic leaders at the top of both institutions need to go.

 --------from the Arizona Republic---------- 

Maricopa agency for inmate care regains credentials

Upgrades let jail health group get reaccredited



The Maricopa County agency that treats jail inmates has earned back its national accreditation for its quality of care at all six county jails after losing the status three years ago.

County officials said better documentation, improved communication between the health-care organization and Sheriff's Office, and more staffing helped Correctional Health Services get reaccredited.

"Was the quality of care good two, three years ago? Yes. Is it better today? Yes," Correctional Health Director Thomas Tegeler said.

The National Commission on Correctional Health Care, an independent agency that assesses mental-health and medical care in prisons and jails, in January 2009 revoked the county's accreditation, citing poor quality of care in county jails that failed to meet federal standards.

County administrators began working toward reaccreditation later that year. Over the next two years, national officials did a site visit and a survey to determine how the county fared on 67 national standards, which include emergency-response planning, procedures for inmate deaths, medical screening at intake and during transfers, healthy-lifestyle promotion and suicide prevention.

National surveyors found discrepancies with five of the standards and, last December, awarded conditional accreditation to the county's six jails, pending documentation of the county addressing those remaining concerns.

Maricopa County last month officially received full accreditation.

Improvements made

Tegeler said in the last three years, the county worked to improve documentation, increased staffing levels and added other requirements, such as assessing inmate medical requests within 12 hours.

But the system, like many large health-care organizations and detention centers, continues to struggle with high staff turnover and relatively low pay. The issue is not unique to Correctional Health Services and will not likely disappear soon, Tegeler said.

"What we have in place today is enough to have us accredited," Tegeler said.

The county must show every year that it is in compliance with national requirements. The commission will do an on-site evaluation every three years.

The county Board of Supervisors, meanwhile, is negotiating terms of a $4.55 million contract with Alabama-based NaphCare Inc. to develop a long-awaited electronic medical-records system for Correctional Health.

The county for years has been criticized for its outdated medical-record-keeping system. Tegeler said that while the electronic system is not an accreditation requirement, it will help the county continue to better document patients' medical records.

Since 2009, Maricopa County has spent $4.9 million for an additional 68 staffers to help Correctional Health with medical, mental-health and personnel issues. Among new hires were nine medical detention officers -- Sheriff's Office employees funded through Correctional Health -- to help medical staff gain access to jails and become familiar with inmates' health concerns, county spokeswoman Cari Gerchick said.

When the county lost accreditation, there were concerns that it would lead to more inmate lawsuits against the county and result in increased liability for taxpayers.

The number of claims filed has remained fairly steady, however, with about 140 filed in the three years before and the three years since accreditation was lost. The county has paid out $1.9 million in expenses and indemnity payments in the last three years, bringing the total for health-care-related legal expenses to $14.3 million since 1998.

But the return of accreditation does not absolve the county or its taxpayers from paying for the sins of the past.

Snapshot of problems

The case of David Wayne McClurg embodies many of the problems that have afflicted the health-care operations in the jails for years, particularly because of the issues it raises with maintaining medical care as inmates are moved between facilities.

McClurg was arrested in Yavapai County in October 2007, and the nurse conducting his intake screening in Prescott noticed he had high blood pressure. McClurg was taken to a hospital in Prescott Valley, diagnosed with hypertension and given medication. When McClurg was transferred into Maricopa County Sheriff's Office custody days later, his paperwork included mention of his medical condition. Court documents also indicate that Correctional Health employees noted his medical condition when he arrived in Phoenix.

A chronology of the next 48 days that a private investigator prepared for a lawsuit indicates that McClurg, housed in Durango Jail, repeatedly complained to detention officers about dizziness, cold and extreme pain.
Doctors would later diagnose McClurg with Leriche syndrome, a circulatory disease, but his requests for medical attention were disregarded or discounted, according to court documents.

"The pain is getting worse by the day and my strength is getting weaker by the day also they said I had an appointment after 11/03/2007 and I have still not had an appointment yet," McClurg wrote in a medical request form on Nov. 13.

"The response was, 'Already on schedule for sick call,' " according to court documents.

In December 2007, McClurg was taken to Maricopa Medical Center, where his toes were amputated, followed by his legs. He would die in a Phoenix hospital in September 2008, prompting his family members to file a lawsuit in July 2009.

"The MCSO Detention Officers treated him as if he were a prevaricator feigning his symptoms to miss court, get special treatment or medical care," the investigator wrote. "It would not be an exaggeration to describe the next nine months as a living hell until his death."

His family's lawsuit continues to make its way through federal court, and the county had already paid more than $13,000 in expenses before the case left Superior Court.

County communication

Medical autonomy -- the ability for health-care providers to make treatment decisions without interference from detention officers -- was among the judging standards Correctional Health Services faced to regain accreditation.

Tegeler said that communication between detention officers and health-care staff had improved in recent years and that the two groups had never had problems working together to ensure health care is available to inmates even when security concerns lock down the jails.

"If there's a medical decision, there's nothing that impedes it," Tegeler said. "That has never been an issue here. MCSO has never been standing in the way."

Administrators for both groups said the reaccreditation process helped staff members refocus on the importance of documenting every interaction with patients, which also allows the county to refute frivolous inmate claims.

"The quality of care through this has really not been the issue," said MaryEllen Sheppard, a sheriff's deputy chief in custody operations. "It's the ability to document it."

Max Wilson, chairman of the county Board of Supervisors, said accreditation solidifies Correctional Health's reputation as a strong health organization, "and that's good for Maricopa County. ... We're up to the expectation that we should have been."

Mary Rose Wilcox, the most vocal county supervisor on issues with Correctional Health, said she is relieved it received the national status again.

"With that relief was also pride, because we were able to work back up again," Wilcox said, adding that the cooperation between the Sheriff's Office and Correctional Health was key. "You cannot operate alone, and that's what we were doing, MCSO and CHS were separate spheres."