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 civil rights of institutionalized persons act. Show all posts
Showing posts with label civil rights of institutionalized persons act. Show all posts

Saturday, April 26, 2014

DOJ to Ohio: Abuse of Solitary Confinement harming mentally ill youth.

This practice is far too common with kids in Arizona, as well...

-----------

Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASE
Wednesday, March 12, 2014
 
Justice Department Seeks Temporary Restraining Order to Stop Ohio Department of Youth Services from Excessively Secluding Boys with Mental Health Needs
 
Today, the Justice Department sought a federal court order temporarily restraining the Ohio Department of Youth Services (DYS) from unlawfully secluding boys with mental health needs in its juvenile correctional facilities.  The requested order would require DYS to abide by safeguards in its use of seclusion until a final ruling on the claims that DYS’ seclusion practices violate the constitutional rights of boys in DYS custody.  In conjunction with its request for a temporary restraining order, the department sought to expand its existing complaint regarding the Scioto Juvenile Correctional Facility, to include claims of unlawful seclusion at all of the DYS facilities.
 
The department’s request for a restraining order detailed the state’s excessive use of seclusion, including the following information:  

·          In the second half of 2013, the state imposed a total of almost 60,000 hours of seclusion on 229 boys with mental health needs;
·          One boy spent 1,964 hours in seclusion over six months; the state gave another boy 21 straight days of seclusion;
·          Ten boys at one facility spent over 10 percent of their time in custody in seclusion;
·          While secluded, several boys were on suicide watch, had suicidal thoughts or hurt themselves.  

“The Ohio Department of Youth Services must stop violating the rights of youth in its custody through unlawful seclusion,” said Acting Assistant Attorney General Jocelyn Samuels for the Justice Department’s Civil Rights Division.  “The way in which Ohio uses seclusion to punish youth with mental health needs, victimizes one of the most vulnerable groups in our society.”
 
“Ohio’s juvenile correctional facilities must comply with the Eighth and 14th Amendments,” said U.S. Attorney Carter Stewart for the Southern District of Ohio.  “We will remain vigilant in protecting the constitutional rights of all our citizens, particularly young people and those with mental illness.”
 
“The facts in this case reveal a serious disregard for the rights of young people with mental health needs in Ohio’s custody,” said U.S. Attorney Steven M. Dettelbach for the Northern District of Ohio.  “The Ohio Department of Youth Services has a responsibility to ensure the health and safety of these young people, including providing appropriate mental health treatment, so that they can overcome challenging behaviors and return to the community to become successful adults.”
 
Following an investigation under the Violent Crime Control and Law Enforcement Act of 1994 and the Civil Rights of Institutionalized Persons Act (CRIPA), the Justice Department issued findings in May 2007 detailing significant constitutional deficiencies regarding use of physical force, grievance investigation and processing and use of seclusion.  In June 2008, the department entered into a consent decree with the state to correct these deficiencies at the Scioto Juvenile Correctional Facility.  However, the recent discovery that DYS continued to unlawfully seclude boys with mental health needs at Scioto Juvenile Correctional Facility and had moved boys to other DYS facilities also using unlawful seclusion prompted the department today to seek a temporary restraining order and an order allowing it to add the remaining DYS facilities to its complaint.
 
This case is being litigated by attorneys from the Special Litigation Section of the Civil Rights Division, the U.S. Attorney’s Office for the Southern District of Ohio and the U.S. Attorney’s Office for the Northern District of Ohio.  Copies of both motions and additional information about the Civil Rights Division will be available on its website.

Friday, October 1, 2010

Prison suicide and gangs at Florence Central.

UPDATED 3/25/2011


This is the second suicide out of ASPC-Florence Central in one week: Word there is that Rosario, the new prisoner who hung himself last Friday, had just been turned down for protective custody that day. I know of another kid who tried to do himself in to avoid going back into general population. I think the gangs are getting some mileage out of Shannon Palmer's murder.



Our condolences to Duron's mom, Saundra Cunningham, and the rest of his family. By their report, he has a history of depression, and had been both sexually and physically assaulted since being incarcerated just a few months earlier; they think he was seeking protective custody at the time that he killed himself. The discovery process for the lawsuit they file should tell us a lot about how the ADC really deals with prison rape, and if they actually counsel affected prisoners after the suicide of a peer (they provide the COs with critical incident debriefing by a specially-trained team).


If any of you haven't written to the Department of Justice by now, this would be a good time. We're up to 17 dead in 15 months now; that should be enough to get them started. Just print this up, write CRIPA across the top, and mail it. Be sure to emphasize your concern that you see a "pattern and practice of neglect" of prisoners' mental health needs. Their address is:


Jonathan M. Smith, Chief
US DOJ _ Special Litigation Section
950 Pennsylvania Ave NW
Patrick Henry Building
Washington DC, 20530


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


ARIZONA DEPARTMENT OF CORRECTIONS
1601 W. JEFFERSON
PHOENIX, ARIZONA 85007
(602) 542-3133
JANICE K. BREWER, GOVERNOR
CHARLES L. RYAN, DIRECTOR

NEWS RELEASE For Immediate Release

For more information contact:
Barrett Marson
www.bmarson@azcorrections.gov
Bill Lamoreaux
www.blamorea@azcorrections.gov

Sept. 30, 2010
Inmate Death Notification

Florence, Az- Inmate Duron Cunningham, ADC#245305, died while in Arizona Department of Corrections custody Thursday after apparently committing suicide.

Cunningham, 40, came to ADC on Aug. 17, 2009, after convictions from Maricopa County for dangerous drug violation and kidnapping. He was serving five years and housed at the Central Unit of ASPC-Florence.

The death is under investigation by the Department.

Sunday, August 29, 2010

Conditions of confinement: Sheriff Joe's jail is our responsibility, too.

The following is a revised and somewhat more radical version of my post earlier today. Sorry for any redundancy to those who get this in their email or by feed. - Peg


Amnesty International poster: Write a letter, save a life.

For those who missed Stephen Lemons' review of Shaun Attwood's new book, "Hard Time: A Brit in America's Toughest Jail", it's worth the read. I'd post it here but I've already packed in too much for the night. It is, of course, about the Maricopa County Hell they call a jail. Hit Shaun's blog, "Jon's Jail Journal" too, if you haven't already. He posts letters from prisoners there, and is a good friend to many who would otherwise have no audible voice.

As for the conditions of confinement in our jails and prisons: I don't understand why the Department of Justice hasn't held Arpaio criminally responsible for his abuse of so many people over the years - from medical negligence to conspiracies to deprive us of our civil rights. Their failure to do so thus far is akin to the feds' consent for every harm he's done under his tenure, and complicity with every additional prisoner he neglects or kills. I'm really starting to worry that they plan to make some kind of closed door deal with him, then pack their bags and walk away.

The Civil Rights of Institutionalized Persons Act covers prisoners precisely because the People so often end up needing protection from the sadistic cruelty of those wielding power in our name, and few in America are more disenfranchised and vulnerable than those disposed of in jails and prisons - citizens and "aliens" alike. They include our elderly, our poor, our sick, troubled youth, our mentally ill, our developmentally disabled - all those people we once institutionalized elsewhere (and have thrown out into the streets) are thrown into the stew.

Of course, the more vocal idiots in our community argue after every article about prisoner abuse or suicide that because they are in a jail or prison they deserve whatever they get, whatever that may be. Just because those readers like to stone prostitutes, though, doesn't mean they are themselves without sin. Nor do they represent all of us. Those people are twisted bullies hiding behind fake identities looking for someone to kick who's already down. They've probably commented on this blog of Stephen's, in fact.


That's a tangent I can't stop from exploring in this context. The media shouldn't give such people the platform on which to celebrate brutalization, suicide, and murder, including among prisoners, in the first place. That's not supporting freedom of speech - it's just intimidating the voices of reason and humanity into silence. Giving hateful people our shared public space empowers them to use shame to perpetrate cruelty, and it perpetuates the stigma felt by prisoners' families who read "good riddance" from the community after their loved ones die. They screen such things out of printed "letters to the editor"; why not moderate their public forums? Only abusive and rich people seem to get amplified when they speak - the rest of us get censored, even if we head the nightly news.

Frankly, most of "free" Arizona should be locked up, looking at the multitude of laws that require jail or prison for those who break them - and at how unbelievably easy it is to put someone away, especially in this state. We are just privileged or very lucky if we've escaped such a fate so far. Those who think they will never be prosecuted because they really aren't "criminals" need to check out the Arizona Justice Project. There are all sorts of innocent people behind bars.

Once in a while the law reaches out and touches us where we never thought it would - and since it's not a common occurrence in our white, middle class communities, we are sure that there is just a deviant in our midst, or it is a fluke of the justice system that will work itself out. Dad's in an accident while on painkillers following surgery and goes to prison because he had an old DUI. Presumably he will get treatment in prison, but he's already been sober for 5 years - instead he just loses time from his kids' lives and his ability to support his family. The neighbor is arrested for embezzling to save the house from foreclosure and her kids from homelessness - losing everything and everyone in the process. We pay over $20,000 a year to incarcerate her for five years - and God knows how much to put the kids in foster care - while her banker gets a bonus from the taxpayer bailout.  


I hope everyone out there finds those images as disturbing as I do. It happens all the time.

As for the wrongfully-accused: Americans don't really presume innocence, which is why Joe's jail was allowed to get so bad. We recoil from the accused as soon as they hit the news because the possibility that agents of the almighty law might be corrupt or wrong threatens our sense of social order. We sacrifice Innocence like she's the designated virgin just to maintain the illusion that the guilty among us are eventually caught, and that those who are caught are always guilty. 

People who are innocent tend to believe that the truth will prevail, and if it doesn't they end up being punished worse than the real criminals who make a deal. Real-life case in point: Courtney Bisbee, the school nurse accused of touching a 14-year old liar and branded as a child molester, was a feather in the cap of the detective who arrested her and the prosecutor who got the conviction. To assure that the rest of us got our taste of blood, the judge slammed her with 11 years for fighting it out in court instead of taking a plea bargain that would have had her back home with her child by now.

Stephen Lemons even investigated Courtney's case and advocated on her behalf (here and here, too), but no one wants to hear the new evidence that would exonerate her because it implicates incompetence - or worse. For law enforcement's ego and our sense of order, she's been in prison for at least 6 years now. Maybe Romley is the man who will have the courage to help set her free - we'll see. He was the Maricopa County Attorney when she was originally prosecuted, so if he steps up to the plate and looks at it in a new light, I'll be impressed. Andrew Thomas was too much of a political coward.

In these ways the brutality of our courts, Joe's jail, and Ryan's prisons hits home. It's not a freakish thing for families to be ripped apart by "justice" in poor and minority communities - it's all too common. The legal system works exactly as it's designed to there, oppressing resistance to white supremacy and defiance of the rules of capitalism at every turn. Justice is the sheep's clothing that America dons to promote the interests of the few, and the myth that we are a model of democracy is what blinds us - and Her - to the deceit. 

But Justice is not supposed to prey on the rest of us "ordinary Americans"- it is supposed to protect us. It only seems to be when we fall from grace ourselves (or get falsely accused and imprisoned) that we begin to see the system for what it is. We get inside and see people doomed to spend the rest of their lives in prison for charges as petty as fraud, while murderers walk away with money in their pocket after 15 or 20 years. Looking around, we also realize that the majority of the people behind bars are not a public safety threat - most are public nuisances, eyesores, "sinners" and surplus laborers who legislators thought would be better hidden away. Those still claiming their innocence are all too often out-maneuvered by the state in legal proceedings, and seldom have the luxury of an attorney to help them once appeals are exhausted. 


Look closely and you'll see that America's prisons and jails have, by and large, replaced our mental hospitals, poorhouses, and plantations. And they are major money-making machines for those in power, as long as they skimp on human rights and basic needs like food and health care. That's why the prisoners who would expose them are discredited, discounted, and silenced in every way possible.

Never mind that the desperate and vulnerable are being relegated and abandoned
in these hellholes to sociopaths who will rape and torture them for the fun of it, or even kill them just to score a new gang tattoo. To the private and public prison industries alike, each new body is just an addition to their growing empire - they have no interest in anyone's innocence or special circumstances, and no reason to help prevent or reduce the effects of crime in our communities. 

Despite lamenting about the high recidivism rate (usually as an excuse to be better funded and more brutal), jails and prisons are just as well-paid for recycling the people they chewed up once already. Buying the industry's line of BS, a terrorized public decides that parole officers and prosecutors are always professional and responsible and work in a functional system, so it must be the criminal's own fault for getting put back in - he should have learned his lesson the first time. Our perceptions are too often shaped by the expectation that what we pay nearly 10% of our state budget for includes some effort at "rehabilitation" (hence the AZ Department of Corrections' designation as such, not the "Department of Confinement"). The criminal justice system isn't rehabilitating anyone - they're spending our money lobbying the governor and legislature to pass more laws and assure more prison sentences for less serious crimes than ever.

The prison industrial complex as a whole (of which Sheriff Joe is actually just a small part) cultivates the rest of us to feel exploited and victimized, though, so that we seem defenseless and helpless without them. Then they glorify themselves as our protectors (though they usually arrive after the crime, not in time to prevent it), and we willingly pay them some other kid's lunch money to keep it up.
It's a racket. Actually reducing crime and making us all more safe would just cut into their power and profit margins.  

Anyone who believes such a system really upholds justice or promotes the public good is delusional or has been duped. Law enforcement is an integral part of the fascist decimation of our rights, not the power protecting them. We - the People - are the only power that will protect liberty and justice for the future, but only if we have our eyes wide open and are ready to risk jail, prison, defamation, and even execution in the process. If we are not, then we have surrendered that which is most important in life for nothing more than illusion. We are on a leash, instead of in a cage. At least some prisoners, with their integrity intact, mange to remain free.

The DOJ is grossly negligent for failing to act aggressively under CRIPA against the MCSO, and therefore shares the blame for emboldening our greedy, bigoted, fear-mongering lawmakers and enforcers to continue to imprison, injure, and kill those of us whose nationality or skin color or gender or politics or religion they hate.
But we are also responsible for letting this go on so long without holding either the feds or Arpaio accountable ourselves. So, here are the names and contact info for the people at the DOJ who should be investigating the real public enemies - and taking action - under CRIPA, regardless of what else they're doing. Please call or write on behalf of those fighting  a losing battle to defend their lives. Don't wait for your loved one to end up in trouble: he or she may be the next prisoner of the MCSO or Arizona Department of Corrections to die.

So could you or I.


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

DOJ - Special Litigation Section

Mailing Address

Special Litigation Section

950 Pennsylvania Avenue, NW, PHB
Washington, D.C. 20530
For FEDEX: 601 D Street, NW, Washington, DC 20004

Telephone Number
(202) 514-0195
toll-free at (877) 218-5228

Fax Numbers
(202) 514-0212
(202) 514-6273


Acting Chief
Judy Preston
(202) 514-6258

Principal Deputy Chief
Tammie Gregg
(202) 616-2009

Deputy Chiefs
Julie Abbate (Acting)
(202) 353-4637
Mary Bohan (Acting)
(202) 616-2325
Luis Saucedo (Acting)
(202) 353-0299

Saturday, March 6, 2010

Keeping All Students Safe from...Republicans?

Interesting how this vote turned out. 

What does that say about the Republican Party these days? How did ours vote, I wonder?

This bill just doesn't go far enough. Many of the children who survived such ordeals still need to be protected from the state as prisoners and patients...


From  Solitary Watch via the Real Cost of Prisons blog: 
 ___________


Most House Republicans Vote to Let Schoolchildren Be Held Down, Tied Up, and Put in Solitary Confinement

By James Ridgeway and Jean Casella | March 5, 2010
Solitary Watch

 
On Wednesday afternoon, the United States House of Representatives passed H.R. 4247, the Preventing Harmful Restraint and Seclusion in Schools Act (now being called the Keeping All Students Safe Act), by a vote of 242-153. In the final vote count, 238 Democrats and just 24 Republicans voted for the bill, while 8 Democrats and 145 Republicans voted against it. 

H.R. 4247 was introduced in December by Education and Labor Committee chair George Miller (D-CA) and Committee member Cathy McMorris Rodgers (R-WA) and bill passed out of committee with bipartisan support. Their goal, Miller and Rodgers wrote in a joint op-ed for CNN, was simply to "outlaw child abuse in schools."

The bill's stated purposes include the following:

(1) prevent and reduce the use of physical restraint and seclusion in schools;

(2) ensure the safety of all students and school personnel in schools and promote a positive school culture and climate;

(3) protect students from—

(A) physical or mental abuse;
(B) aversive behavioral interventions that compromise health and safety; and
(C) any physical restraint or seclusion imposed solely for purposes of discipline or convenience;

(4) ensure that physical restraint and seclusion are imposed in school only when a student’s behavior poses an imminent danger of physical injury to the student, school personnel, or others....

It's hard to decide which is more shocking: the fact that 153 members of the United States Congress would see fit to vote against such a bill, or the fact that it was needed in the first place.

In fact, the bill's findings state that "physical restraint and seclusion have resulted in physical injury, psychological trauma, and death to children in public and private schools." The House Education and Labor Committee conducted hearings on the subject last spring, after the Government Accountability Office published a report that began with the following statement:

Although GAO could not determine whether allegations were widespread, GAO did find hundreds of cases of alleged abuse and death related to the use of these methods on school children during the past two decades. 

Examples of these cases include a 7 year old purportedly dying after being held face down for hours by school staff, 5 year olds allegedly being tied to chairs with bungee cords and duct tape by their teacher and suffering broken arms and bloody noses, and a 13 year old reportedly hanging himself in a seclusion room after prolonged confinement.

Special education students were especially vulnerable to this kind of treatment, the report found:
For example, teachers restrained a 4 year old with cerebral palsy in a device that resembled a miniature electric chair because she was reportedly being “uncooperative.”....Teachers confined [a 9 year old with learning disabilities] to a small, dirty room 75 times over the course of 6 months for offenses such as whistling, slouching, and hand waving....In another case, a residential day school implemented a behavior plan, without parental consent, that included confining an 11-year-old autistic child to his room for extended periods of time, restricting his food, and using physical restraints. The child was diagnosed with post traumatic stress disorder as a result of this treatment.

A report published earlier last year by the National Disability Rights Network (NDRN) provided additional examples, including one in which a 7-year-old Wisconsin girl, who was diagnosed with an emotional disturbance and ADHD, died of suffocation after several adult staff pinned her to the floor in a "prone restraint" because she was blowing bubbles in her milk.

A handful of earlier accounts also exposed the widespread use in schools of "seclusion rooms" or "time-out rooms"--basically, solitary confinement cells for difficult-to-control children. Mary Hallowell wrote about one such case in her 2009 book Forgotten Rooms. According to an article the Atlanta Journal-Constitution:

Education researcher Mary Hollowell spent months chronicling an alternative high school in rural Georgia before she discovered the awful secret that continues to haunt her today. Walking with the principal down a hall, Hollowell heard a loud pounding. She followed the principal into a room and then through a connecting doorway that led to a solitary confinement cell double bolted from the outside.

“The cell was dark inside and had a small, square window,” she said. “It was the kind of set-up you saw in a mental institution, not a school.” Inside the cell was a boy Hollowell recognized; she had tutored him in reading and even had artwork from him. “I felt like I had been punched in the stomach when I realized what I was seeing,” she says. “The principal’s comment to me was that most people didn’t know this room was there.”


As the Atlanta Journal-Constitution reported: “Seclusion rooms are allowed in Georgia public schools provided they are big enough for children to lie down, have good visibility and have locks that spring open in case of an emergency such as a fire. In 2004, Jonathan King, 13, hanged himself in one such room, a stark, 8-foot-by-8-foot 'timeout' room in a Gainesville public school.” Jonathan was also a special ed student, who had ADHD and depression. He had talked about suicide to the school psychologist, but she concluded it was "an escape or attention-getting technique," according to the Gainesville Times. A civil rights lawsuit brought by his parents was thrown out of federal court.

These are the sorts of abuses that H.R. 4247 seeks to address. And the pressing need for federal legislation is clear from the GAO report: "GAO found no federal laws restricting the use of seclusion and restraints in public and private schools and widely divergent laws at the state level," it said. In addition, "GAO could not find a single Web site, federal agency, or other entity that collects information on the use of these methods or the extent of their alleged abuse."

Yet 153 members of Congress chose to vote against a law that would expose and limit what can in some cases only be described as the torture of schoolchildren.

Perhaps not so shocking after all: In a country that condones torture not only in its military detention centers, but in its state and federal prisons, immigration jails, and juvenile detention centers, it was only a matter of time before it trickled down, even into our schools.

http://solitarywatch.wordpress.com/2010/03/05/most-house-republicans-vote-to-let-schoolchildren-be-held-down-tied-up-and-put-in-solitary-confinement/

Sunday, January 3, 2010

Health Care at Ely, NV: From the Family.

We're still concerned about what's been happening to the guys at Ely State Prison in Nevada - both the medical neglect and the abuse they've been experiencing. I'll be posting more on that soon with a request I'll be writing to the DOJ for a CRIPA (Civil Rights of Institutionalized Persons Act) investiation due to a pattern of civil rights violations - but they don't need an official request from anyone to start such an investigation. We'll know it's happening once the prisoners tell us and the DOJ requests the letters held (most published on the blogs, guys) by several prisoner rights activists - so far no one seems too interested in what they have to say but the ACLU. 

 Anyway, here's a link to their stories on Ely prison - this will take you to the mother of a prisoner who died of esophageal cancer due to lack of medical care. It's only eight minutes: give a listen. Hear her voice. Shoot an email or drop a postcard in the mail to the DOJ Civil Rights Division and ask for a CRIPA investigation of the Nevada Department of Corrections. Refer them to Arizona Prison Watch, Nevada Prison Watch, and Make the Walls Transparent. Most of the prisoner letters are there - some Ely prison letters (like the recent one from Ikemba) have also been published by the San Francisco Bay View. If they know that a few people (other than the usual suspects) are paying attention, maybe they'll do something. We'll keep you posted.

Challenging Grossly Inadequate Medical Care At Ely State Prison

Sunday, December 6, 2009

1995: DOJ, CRIPA, and the AZ Women's Prisons

Upcoming Events


December 10: International Human Rights Day.
December 17: International Day to End Violence Against Sex Workers (Tucson Memorial).
December 18: Sex Workers Outreach Project Protest at the AZ DOC in Phoenix.

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

 This is what they did when the DOJ came after Arizona in 1995 with CRIPA (see below). I think Janet signed off on this complaint, so she knows full well what's been going on. This kind of stuff still goes on. Why wasn't Perryville at least cleaned up under her and Schriro? 

I started highlighting this, but the whole thing would be in yellow. 

                     Read carefully. 

                                            This is all very disturbing...

    
                                                            I'm not sure how much has really changed.




---------------------(Arizona, Circa 1995)---------------


Via Express Mail
The Honorable J. Fife Symington
Governor, State of Arizona
1700 West Washington
Phoenix, Arizona 85007

Re: CRIPA Investigation of Arizona Women's Prisons
 

Dear Governor Symington:


On February 8, 1995, we notified you of our intention to investigate allegations of sexual abuse and violations of privacy rights of female inmates confined in Arizona Department of Corrections ("ADOC") facilities, pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. §§ 1997 et seq. The purpose of this letter is to advise you of our findings, supporting facts, and recommended remedial measures, pursuant to 42 U.S.C. § 1997b(a)(1).

As a result of our investigation, we have concluded that there exists at ADOC women's facilities an unconstitutional pattern or practice of sexual misconduct and constitutionally unacceptable invasions of privacy rights, and that ADOC officials have not addressed these problems adequately. These conclusions, and the more specific findings and recommendations set out below, must be read in the context of ADOC's refusal to cooperate with our investigation. Although ADOC has provided some relevant data, our requests for other information have been denied or gone unanswered. Most importantly, ADOC officials have refused to grant us access to female inmates, correctional staff, or ADOC women's facilities. Both the legislative history of CRIPA and federal case law make it clear that the Attorney General may consider state officials' failure to cooperate with an investigation in her decision to bring suit under the Act. United States v. Michigan, 868 F. Supp. 890, 896 (W.D. Mich. 1994).


Nevertheless, we offer our findings and recommendations in a cooperative spirit. We hope that ADOC will be willing to discuss these matters with us promptly and in appropriate detail, rather than continuing its adversarial posture.


Our findings and recommended remedial measures are offered in the context of the current state of the law regarding the unconstitutionality of sexual misconduct against female inmates and the analytical framework for assessing the constitutionality of invasions of privacy rights of female inmates.


FINDINGS AND SUPPORTING FACTS

We have received significant evidence, some of it confirmed by ADOC records, that during the past few years at least 14 female inmates have been subjected to sexual assaults and other non-consensual sexual behavior by guards, including rape, sodomy, touching and fondling, masturbation, urination, removal of clothing, nude dancing, indecent exposure, and offensive sexual comments. 


We also have received significant evidence, some of it confirmed by ADOC records, that during the past few years a number of female inmates have engaged in supposedly "consensual" sexual behavior with ADOC staff, sometimes in return for special privileges not available to other inmates. In the context of a prison environment, in which inmates necessarily surrender virtually all self-control over every aspect of their lives and are at the mercy of staff for their basic needs, there cannot be any "consensual" sexual behavior between staff and inmates. Moreover, a prison environment which fosters or tolerates "consensual" sexual behavior between staff and inmates significantly increases the probability of nonconsensual sexual misconduct by staff.

(this still goes on there all the time...)

In two letters dated September 22, 1995, and December 6, 1995, copies of which are attached, we provided Arizona state officials with detailed information on sexual misconduct in ADOC women's facilities. We received some of this information in the form of 13 sworn "Jane Doe" affidavits of inmates whose identities were confidential. In addition, detailed information on some of the sexual misconduct summarized above is contained in a document provided to us by ADOC (referred to by ADOC as the "Matrix"), a copy of which is also attached.sup>(1) ADOC officials have conceded that ADOC settled one case in which a CSO was accused of raping a female inmate; and we have received information that contract employees have requested sexual favors from female inmates in exchange for better job assignments.

The evidence outlined above, considered in light of the fact that ADOC officials have refused to permit us to interview female inmates, indicates that sexual misconduct is occurring in ADOC women's facilities with constitutionally unacceptable frequency. The sexual misconduct cases included in ADOC's own Matrix reflect only those incidents that ADOC chose to investigate through its Inspections and Investigations ("I & I") unit after the incidents happened to come to ADOC's attention. ADOC has raised the possibility that other complaints regarding sexual misconduct were not investigated by I & I, but to date ADOC has not responded to our request for information concerning that possibility.

The common-sense inference that the sexual misconduct cases included in the ADOC Matrix constitute only a portion of the actual number of such cases is supported by the fact that our investigation uncovered numerous additional allegations of sexual misconduct -- about which ADOC apparently was not aware -- notwithstanding ADOC's refusal to permit us to interview female inmates. We note also that a number of theJane Doe affidavits suggest that female inmates fear retaliation if they report sexual misconduct to ADOC officials.(2)
 
B. Constitutionally Unacceptable Invasions of Privacy.

We have received significant information -- including five of the Jane Doe affidavits and Case #22 in the ADOC Matrix -- that female inmates' privacy rights are violated by male correctional officers who, without good reason, engage in frequent, prolonged, close-up and prurient viewing of female inmates showering and using toilet facilities.

Arizona's refusal to cooperate in our lawful federal investigation of allegations of civil rights violations in ADOC women's facilities allows us to draw adverse inferences from the self-selected evidence that we have obtained from ADOC and from the evidence derived from non-ADOC sources. That evidence, and the adverse inferences derived from that evidence, indicate the presence of constitutionally unacceptable invasions of privacy in ADOC women's facilities.

C. ADOC Responses Regarding Sexual Misconduct and Unlawful Violations of Privacy Rights.
Our investigation indicates that ADOC has responded to the related problems of sexual misconduct and unlawful invasions of privacy in a manner that has some positive aspects, but which is not constitutionally adequate.

1. Screening of potential employees. At least on paper, ADOC's system for evaluating and screening potential employees in terms of their propensity for sexual misconduct appears to be appropriate in substantial measure. However:

a. We do not have sufficient information to evaluate how well the screening process works in practice -- although in at least one instance, involving ADOC Matrix Case #36, it appears that ADOC ignored significant evidence that the employee may have had psychological problems relating to sex.

b. ADOC's policy of checking with criminal justice agencies in jurisdictions where an applicant has lived for the past five years (IMP 103.1.15.6.1.1) is insufficient; we would suggest that the check should cover at least the past ten years.

c. ADOC policy provides for checking with each applicant's references (IMP 103.1.15.6.1.4); we do not know what other efforts, if any, are made to identify and contact past employers.

d. We have no evidence that contract employees who work in ADOC facilities are subject to ADOC's pre-employment screening. We note also that pre-employment screening by itself is unlikely to weed out all candidates who might be tempted to engage in sexual misconduct.

2. Training. On paper, ADOC's training program with respect to issues relating to sexual misconduct appears to be adequate. However, it is unclear how much of that training focuses on the supervision and searching of female inmates, and we cannot confirm the adequacy of that training program without speaking to correctional staff. Nor do we know whether contract employees receive the same training as ADOC employees.

3. Initiation of investigations. We regard it as positive that ADOC has initiated investigations in response to several different sources, including inmate and staff allegations, rumors, and anonymous written statements. However, as noted previously, ADOC has not responded to our requests for information on the frequency with which inmate grievances regarding sexual misconduct have not been referred to I & I for investigation.

4. Thoroughness of investigations. Several of ADOC's investigations into allegations of sexual misconduct were timely, thorough, and well documented. However, other investigations were not adequate (e.g., the investigation in ADOC Matrix Case # 36). Moreover, the routine use of male investigators to interview female victims is likely to impede the thoroughness and accuracy of investigations of alleged sexual misconduct.

5. Sanctions. In some cases in which ADOC employees were found to have engaged in sexual misconduct with female inmates, ADOC has imposed adequate sanctions (i.e., dismissal).(3) In other cases, however, employees have received little or no discipline despite substantial evidence that they engaged in such misconduct (see Matrix Cases 7, 15, 32, and 36). It is problematic that ADOC policies (IMP 103.1.8) permit lenient sanctions for sexual misconduct (even for second offenses). We also are concerned that ADOC policy (IMP 206.7.6.7) permits the rehiring or reinstatement of an employee who resigns in lieu of dismissal after only two years; an employee who resigns in lieu of dismissal after being accused of sexual misconduct should be permanently disqualified from future employment with ADOC.

6. Efforts to determine the nature and extent of sexual misconduct and unlawful invasions of privacy. At least until very recently, ADOC simply had reacted to allegations of sexual misconduct that came to its attention, with no affirmative effort to determine the extent to which sexual abuse and harassment were occurring in female facilities. In this regard, former Director Lewis's recent appointment of a Task Force appeared to be a potentially positive step. However, the information that Mr. Lewis provided with his letter of December 4, 1995, to Attorney General Reno indicates that the manner in which the Task Force proceeded was seriously flawed in terms of investigating the extent of sexual misconduct at ADOC women's facilities. Most obviously, administering the inmate and staff surveys on a non-confidential, face-to-face basis, apparently using ADOC staff as interviewers, created inherent barriers to the communication of information regarding sexual misconduct by ADOC employees.(4) Given the sensitive nature of the inquiry and the likelihood that female inmates will be fearful about the consequences of reporting sexual misconduct by ADOC employees, an affirmative investigation by an outside entity -- such as the Department of Justice -- is necessary.

7. Failure to implement State's own policies. The information that ADOC officials have provided to us does not indicate that ADOC has made an adequate effort to reduce opportunities for its employees to engage in sexual misconduct with or unlawfully invade the legitimate privacy interests of female inmates.

II. RECOMMENDATIONS
 
We wish to make two preliminary points about the recommendations that follow. First, some of the recommendations are necessarily general because the relevant details depend on information that ADOC has refused to provide. Second, the recommendations are not non-negotiable demands. As indicated earlier, we hope that ADOC will be willing to discuss the recommendations with us with the goal of avoiding litigation.

A. Overall Goals. 


We recognize that as a practical matter, no measures can completely eliminate the possibility that some ADOC employees will engage in sexual misconduct with, or unlawfully invade the privacy of, female inmates.

However, the complete elimination of such conduct should be ADOC's goal, and ADOC should take all necessary and prudent measures to minimize sexual misconduct and unlawful invasions of privacy in its women's facilities.

B. Screening of Employees. 

ADOC should: 

1. Ensure that evaluation and screening of prospective employees at least comply with existing ADOC policies.

2. Check with criminal justice agencies in all jurisdictions in which each applicant has resided for at least the preceding ten years.

3. Include all former employers in the routine background check.

4. Develop procedures to ensure that ADOC responds appropriately to evidence that a prospective or current employee may have psychological problems relating to sexual conduct. (This would be a suitable responsibility for the Women's Facilities Administrator, discussed in Section II(H), below.)

5. Require that contract employees undergo the same background check as regular employees.

C. Training. 

At minimum, ADOC should:

1. Ensure that all employees who are assigned to female facilities actually receive proper training on
staff-inmate relationships as well as the supervision and searching of female inmates.

2. Ensure that contract employees who are assigned to work in female facilities receive proper training on
inmate-staff relationships as regular employees.

D. Investigations of Allegations of Sexual Misconduct and Unlawful Invasion of Privacy. 

With respect to complaints or other allegations of sexual misconduct or unlawful invasions of privacy:

1. ADOC should initiate investigations in response to allegations in any form, and from any source.

2. ADOC should ensure that all investigations are prompt, thorough, and well documented. All potential witnesses, including inmates, should be identified and interviewed.

3. Investigations should be conducted by outside investigators, or by ADOC personnel who are not under the command of facility administrators.

4. Female investigators should be available to interview alleged female victims and any other female witnesses who may be reluctant to discuss intimate details withmale investigators.

5. In each facility, one official should be designated to review all allegations and investigations of sexual misconduct and unlawful invasion of privacy. All such allegations and investigations also should be reviewed by the Women's Facilities Administrator (see Section II(H), below).

E. Sanctions for Sexual Misconduct and Unlawful Invasions of Privacy: Referrals to Prosecutorial Authorities. 

1. There should be a single sanction for employees engaging in rape, sodomy, touching and fondling, masturbation, urination, removal of clothing, nude dancing, and indecent exposure: termination from employment. The current system of sanctions permits punishments that are too lax to deter future offenses.
2. ADOC should refer to prosecutorial authorities all cases in which there is any credible evidence to support the filing of criminal charges, even when ADOC has concluded that, on balance, the evidence does not prove the charge. Prosecutors, rather than ADOC employees, should decide whether the evidence developed by ADOC justifies the filing of criminal charges or further criminal investigation.

3. An employee who resigns in lieu of dismissal after being accused of sexual misconduct should be permanently disqualified from future employment with ADOC.

F. Efforts to Determine the Nature and Extent of Sexual Misconduct and Unlawful Invasions of Privacy. 

Given the problems inherent in any attempt by ADOC personnel to determine the nature and extent of sexual misconduct and unlawful invasions of privacy in ADOC's own women's facilities, ADOC should arrange for an investigation of these issues by an independent outside agency or expert.

G. Necessary Proactive Steps to Address Sexual Misconduct and Unlawful Invasions of Privacy. 


There are a number of steps that ADOC should take to minimize the opportunities for sexual misconduct and unlawful invasions of privacy, including the following:

1. ADOC should devise measures to minimize the possibility of sexual misconduct in situations in which a single employee (male or female) is alone with one or two female inmates in locations where sexual misconduct could go undetected. Those measures should include the assignment of CSOs and other staff who have received proper training in staff-inmate relationships and the supervision and searching of female inmates, and might include the use of surveillance cameras in selected areas.

2. ADOC should increase the presence of supervisory staff in living and work areas; and the supervisory staff should actively engage inmates and lower level staff in conversation about conditions of confinement, including sexual misconduct. A more active role for supervisory staff would send the message that inmate-staff relations are being monitored closely, and it would provide more meaningful opportunities for inmates and lower level staff to approach supervisors with comments or complaints.

3. Because inmates housed in mental health units are most vulnerable to sexual misconduct, ADOC should assign to those units CSOs and other staff who have received proper training regarding staff-inmate relationships and the supervision and searching of mentally ill female inmates. ADOC also should take special care in mental health units to avoid staffing patterns and procedures that place staff in one-on-one situations with female inmates.


4. ADOC should promulgate and enforce rules that require female inmates to wear appropriate clothing at all times. Such rules would reduce both the opportunities for male staff to engage in voyeurism and the inadvertent or intentional incitement of sexual responses.

5. ADOC should take appropriate steps to protect female inmates from unlawful invasions of their privacy rights. Such steps should include the assignment of CSOs and other staff who have received proper training in staff-inmate relationships and the supervision and searching of female inmates, and might include the installation of visual barriers in showering and toilet areas that protect privacy without unduly interfering with legitimate security interests.

H. Women's Facilities Administrator. 

ADOC's female facilities are adjuncts to predominantly male prisons, and there are no wardens for female units (only deputy wardens). Moreover, all of the ADOC wardens except one (Meg Savage) are male; and Ms. Savage's experience is with male facilities. Thus, the unique issues raised by incarcerated females are likely to be underappreciated and dealt with on a facility-by-facility, rather than system-wide, basis. We note that one respondent to the Task Force Survey indicated that ADOC training was characterized by a negative attitude toward working with females.

One way to mitigate these problems without restructuring the entire Department would be to create a new position in ADOC's Central Office, the "Women's Facilities Administrator," whose sole responsibility would be to serve as a liaison between the women's facilities and ADOC's Director and Deputy Director. This addition to ADOC's organizational structure -- which preferably should be filled by someone with experience at male and female correctional facilities -- would add "organizational sensitivity" with regard to issues concerning female inmates, and it would provide a basis for instituting appropriate policy changes throughout the system.

Pursuant to CRIPA, the Attorney General may institute a lawsuit to correct deficiencies of the sort identified in this letter 49 days after the appropriate state officials have been notified of those deficiencies. 42 U.S.C. § 1997b(a)(1). We continue to hope, however, that litigation will not be necessary. We therefore urge ADOC officials promptly to provide us with access to persons, facilities, and information that so far has been withheld, and to discuss with us the issues raised in this letter.

Sincerely,
Deval L. Patrick, Assistant Attorney General, Civil Rights Division

Enclosures


cc: The Honorable Grant Woods, Attorney General, State of Arizona

Mr. Terry L. Stewart, Director, Arizona Department of Corrections

Mr. Hal Cardin, Warden
Ms. Denise Andre, Deputy Warden, Arizona Center for Women
Mr. Dale Copeland, Warden
Ms. Judy Drigo, Deputy Warden, ASPC-Perryville
Mr. Sam Sublett, Warden
Ms. Mary Vermeer, Deputy Warden, ASPC-Tuscon
Mr. Hal Cardin, Warden
Mr. Blaine Marshall, Associate Deputy Warden, ASPC-Alhambra
Janet Napolitano, Esquire, United States Attorney, District of Arizona

ADOC has provided us with self-selected documents relating to the incidents covered by the Matrix.

The Task Force Survey results also indicate that a substantial number of female inmates are reluctant to report problems to ADOC staff.

We note with favor that ADOC has referred some sexual abuse incidents to prosecutorial authorities.

Notwithstanding the problems in the Task Force surveys, those surveys did disclose additional information regarding such matters as the inadequacy of staff training, female prisoners' reluctance to report sexual misconduct, and the concerns of a portion of the inmate population with unlawful invasions of privacy by male staff members.