Lawsuits highlight multiple inmate deaths under private contractor in Pennsylvania

On March 27th, a jury in Lehigh County, Pennsylvania, found that private jail medical contractor PrimeCare Medical Inc. was negligent, but ultimately not responsible for the death of 27-year-old inmate Travis Magditch.

The Magditch family sued PrimeCare and Lehigh County in 2012 after Travis was arrested for allegedly possessing drug paraphernalia and died of an asthma attack at the jail one day later.

The family’s attorney, David Inscho, told jurors this was Travis’ first time behind bars. He stated that he had “called his parents when he got there, begging to be bailed out.” The local police offered to release Travis into his father’s custody, but having seen his son struggle with heroin addiction for two years, he decided against it. Mr. Magditch believed this decision would force Travis to “get help for his drug addiction” and enter rehabilitation.

Travis had a history of suffering from severe shortness of breath due to asthma. The complaint states that he was assessed to have “severely low” lung function when he first entered the jail. Documents show medical staff noted his past with asthma and heroin addiction, including his prescriptions and use of an inhaler. They noted who his doctor was and how to contact the pharmacy to order his medications. But according to the lawsuit, medical staff only placed orders for some of his medications. Most notably, the inhaler was not included.

The morning after his arrest, the lawsuit claims that Travis was seen for sick-call and was assessed to be at level 1 – the highest priority level for medical care. Again, medical staff noted his history with asthma. Nonetheless, he was returned to his cell without a rescue inhaler. Continue reading

New solitary confinement unit plagued by old problems on Rikers Island

At the beginning of March, New York City’s Board of Correction released a preliminary report on Rikers Island’s controversial new isolation facility, the Enhanced Supervision Housing Unit (ESHU). The $14.8 million ESHU was proposed to house 250 of Rikers’ so-called “most dangerous” inmates– a small minority of the prison population that officials claim is responsible for the majority of inmate violence.

Amid federal, state and municipal investigations and a seemingly endless stream of lawsuits alleging horrendous civil rights violations, city officials vowed to change the abusive and dysfunctional culture of the Department of Correction.

The opening of the ESHU at the beginning of this year is one of the first and only of the proposed reforms to have been implemented so far.

Meet the ESHU

Basic demographic information on the 18 ESH inmates

Basic demographic information on the 18 ESH inmates

Like the rest of Rikers Island, the overwhelming majority of people confined to the ESHU are young black males: the report says that 72% are African American and the average inmate is in his mid-20’s.

Despite promises to divert mentally ill prisoners from the ESHU, 13 of the 18 inmates (72%) living there have been given an “m status.”

28% of ESH inmates came directly from punitive segregation and 6% came from long-term isolation units known as Restrictive Housing Units (RHU).

ESH inmates averaged 129 days in punitive segregation in the past year. The Board notes that “with the recent punitive segregation restrictions of no more than 30 consecutive days or 60 days within any six month period, inmates who have maxed out their time in punitive segregation (which includes RHU) may be transferred to ESH.” They promise to closely watch the flow of inmates from punitive segregation to the ESHU.

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NYC DOC withholding records on violence against developmentally disabled juvenile inmate: lawsuit

A lawsuit filed on March 12th in the eastern district of New York claims that the New York City Department of Corrections (DOC) withheld important records from a federally-mandated disability advocate after they learned guards had brutally attacked a developmentally disabled juvenile inmate at the Robert N. Davoren Complex on Rikers Island.

Disability Rights New York is suing the Department of Corrections for records on a young inmate known only as “AB,” who told the group during a monitoring visit that he was “physically assaulted by corrections staff on or about December 9, 2014.”

As the lawsuit explains:

A.B. reported to DRNY that, on or about December 9, 2014, a corrections officer told A.B. that he was speaking disrespectfully.

A.B. reported to DRNY that he was led to a room, and he was punched and kicked by one or more corrections officers.

A.B. reported to DRNY that he was seen by medical staff at RNDC and was transferred to Elmhurst Hospital for evaluation and treatment of injuries to his face and elbow, and was hospitalized overnight.

DRNY requested AB’s medical records, security camera footage and incident reports from the Depts. of Health and Mental Hygeine (DOHMH) and DOC, the complaint states. DOHMH promptly provided the documents, but the DOC allegedly refused, claiming they could not be released while an internal investigation was still ongoing. Continue reading

Private contractor deliberately ignored medical needs of Kentucky inmate: lawsuit

In a lawsuit filed on February 24th, the mother of Brandon Clint Hacker claims that a “continuing policy, pattern, custom and/or practice of … willfully and deliberately ignoring the medical needs of inmates of the Jail” contributed to the death of her 35-year-old son at Kentucky’s Madison County Detention Center (MCDC).

Charlotte Diana Winkler is suing private inmate medical contractor Advanced Correctional Healthcare, Inc. (ACH) and their employees: Dr. Nadir H. Al-Shami, Advanced Registered Nurse Practitioner Layla Troutman and Licensed Practical Nurse Arlene Johnson. She is also suing Madison County, Jailer Doug Thomas, Capt. Tom Jones, Capt. Cory Dunning, Deputy J. J. LaGrange, Capt. Keith Trickler, and Deputy Whitney Bratcher.

ACH is in the midst of a $222,000 contract to provide healthcare at MCDC. According to their website, the Illinois-based contractor oversees inmate medical care in 17 states and works with “adults, juveniles, and Immigration & Customs Enforcement (ICE) detainees on behalf of jails, juvenile detention centers, work release centers, methadone clinics, and more.”

Hacker started to feel sick at MCDC a few days after he was arrested for failing to appear at child support hearings, the complaint states. He filled out a medical request form, writing “Very sick, stomach, meds.” Records indicate that one of ACH’s nurses who visited Hacker, LPN Johnson, described him as “sick, shaky, chills, upset stomach.” He had high blood pressure and “active tremors, body aches, sweating.” Johnson noted that day that his symptoms were consistent with “Possible W/D [withdrawal] from heroin.”

For the next two days, the lawsuit says, Hacker went without medical attention because no healthcare workers were stationed at the facility over the weekend. “Mr. Hacker and his cellmates repeatedly requested that he be seen by a doctor or taken to a hospital, to no avail,” it states. By Sunday, Hacker’s pain had become unbearable. He filled out another medical request form, writing: “Blood Pressure. Need to see A.S.A.P. Having trouble breathing. Stomach problems.” Continue reading

Lawsuit: Corizon doctor tells New York City inmate to throw severed finger in trash can

On January 26, 2015, Rudolph Richardson sued the city of New York, prison healthcare contractor Corizon Health Services and Dr. Landis Barnes for allegedly delaying and denying him emergency medical care following an incident in which his cell door slammed shut on his fingers.

According to the complaint filed in the District Court of the Southern District of New York, Richardson was hanging out in a common room at the Manhattan Detention Complex (MDC) in June, 2014 when he asked a guard if he could return to his cell to use the bathroom. The guard approved, and another officer in charge of operating the mechanical door to his cell allowed Richardson to enter.

The toilet was positioned next to Richardson’s cell door, and while he was using the bathroom, the lawsuit states that the guard “suddenly and negligently closed the door to Mr. Richardson’s cell, causing the fingers of Mr. Richardson’s hand to get caught in said door.”

Richardson’s hand was crushed. One of his fingers was cut off. He went into shock and was bleeding profusely. The complaint states that he ran back to the common room for help. There was supposed to be a guard posted there, but the station was empty. After noticing he was severely injured and in distress, some of the inmates in the room tried to help Richardson find a guard. They eventually reached an officer at another station, who then tried to contact the clinic. Richardson allegedly waited for more than 10 minutes before someone showed up to escort him.

Once he got to the clinic, he was brought before a doctor working for Corizon Health Services. Dr. Landis Barnes allegedly took a quick look at Richardson’s hand and told him the finger could not be saved. According to the complaint, Dr. Barnes then instructed Richardson to throw his detached finger in the garbage. Continue reading

Corrections Corp. of America reaches settlement in Idaho sexual harassment lawsuit

On February 23rd, Corrections Corporation of America (CCA) settled a lawsuit brought by a former nurse at the Idaho Correctional Center (ICC) named Michelle Pierce, who claimed she had been fired in retaliation for reporting sexual harassment and abuse by her colleagues. The terms of the settlement were not disclosed.

Pierce’s disturbing story is one of several to have come out in the wake of Idaho’s decision to take back control of the facility last year. Under CCA’s watch, ICC was nicknamed “gladiator school” for its high levels of violence. When Idaho began the process of transitioning the facility back to the state last year, investigators and three whistleblowers revealed that IDOC employees had potentially manipulated prisoner medical records to cover up neglect and mismanagement that took place while it was still under CCA’s control. Pierce’s story provides an additional perspective on the atmosphere permitted, and sometimes encouraged, by CCA leadership within ICC.

Pierce was hired as a Licensed Practical Nurse at ICC in 2012 when CCA was running the facility. Her primary job was to run the medication cart, conducting rounds in the housing units to distribute prescriptions to prisoners. Guards were required to accompany her on those rounds as a safety measure.

On the night of September 13, 2012, Pierce went into a housing unit to collect “kites,” which are forms that prisoners fill out when they want to see medical staff or report a health issue. Pierce encountered  three male CO’s in the unit: Officers Spurgess, Vasquez and Omerevich. Continue reading

Thousands of immigrant prisoners moved to undisclosed locations after protesting conditions

Nearly three thousand immigrant prisoners are being transferred to undisclosed federal facilities after a two-day demonstration against indecent living conditions and medical care left the Willacy County Regional Detention Facility in need of repairs.

Willacy is a private prison operated by the Management and Training Corporation (MTC), where thousands of inmates are housed in khaki-colored Kevlar domes. Located less than an hour north of the Mexico border in the town of Raymondville, Texas, the tent-city prison has been given the nickname Ritmo for its oppressive conditions and resemblance to Guantanamo Bay. It is one of thirteen private Criminal Alien Requirement facilities in the country receiving millions in taxpayer dollars to incarcerate immigrant offenders on behalf of the federal Bureau of Prisons (BOP).

The demonstration began on Friday morning when prisoners refused to leave their housing units for breakfast, telling guards they would not work or do their chores. “After speaking with the inmates, we learned some were unhappy with the medical services and were demonstrating to make their concerns known. The warden and other facility leaders met with the offenders to attempt to resolve their concerns and provide a resolution,” an MTC spokesperson later told reporters.

At 12:15pm, prison officials ordered the facility be put on lock-down. At 1:40pm, inmates were breaking out of their housing units and into the recreation yard. Small fires were set inside 3 of those units soon after. Thousands of prisoners were in the yard in the span of 20 minutes.

By this point, according to the Valley Morning Star, around 40 law enforcement vehicles had parked on the other side of the fence. Guards were firing tear gas into the yard. A helicopter hovered overhead carrying an officer brandishing an assault rifle.

Concerned families of Willacy prisoners gathered outside seeking more information. They watched as medical and law enforcement vehicles rushed past them towards the facility. Continue reading