Posts Tagged ‘prison health care’
Berkeley law professor Jonathan Simon thinks so:
[W]e need a commission to investigate for the public record how the state found itself operating prisons that attract words like torture, cruel, inhuman, and degrading punishment. This is not Honduras where poverty, spiraling crime, and corruption are the order of the day, or Mexico, but we had prisons that belong in the same frame as recent news stories about the fire the killed hundreds in an overcrowded and chaotic Honduran prison (Guardian coverage here) and a murderous riot by one prison gang against another in Mexico to cover over an escape of elite gang members abetted by guards (coverage in the Guardian here).
Given the severity of the human rights problem in California’s prisons and its duration for more than two decades, retrospective documentation should lead to prospective preventive techniques. The commission could become a California Committee for the Prevention of Torture, or CAL CPT, modeled on the European CPT; a body of legal, medical, human rights, and criminological expert investigators with the authority to inspect any prison, mental hospital, or indeed any place of confinement, in order to warn state government of the potential for degrading conditions to form and how to prevent it.
The full post and more are at Simon’s always thought-provoking Governing through Crime blog.
Here’s some interesting news on the prison litigation front: The ACLU of Arizona has joined forces with the Berkeley, Calif.-based Prison Law Office – they’re the ones who’ve been litigating California prison conditions cases for years, and brought us last year’s Plata decision at SCOTUS. The two groups have filed a federal lawsuit charging that the Arizona prison system’s use of solitary confinement amounts to cruel and unusual punishment, in violation of the Eighth Amendment:
In one particularly tragic case, a prisoner at the state prison complex in Tucson died last year of untreated lung cancer that spread to his liver, lymph nodes and other major organs before prison officials even bothered to send him to a hospital. The prisoner, Ferdinand Dix, filed repeated health needs requests and presented numerous symptoms associated with lung cancer. His liver was infested with tumors and swelled to four times its normal size, pressing on other internal organs and impeding his ability to eat. Prison medical staff responded by telling him to drink energy shakes. He died in February 2011, days after finally being sent to a hospital but only after his abdomen was distended to the size of that of a full-term pregnant woman. A photograph of Dix shortly before his death appears in the lawsuit.
Jackie Thomas, one of the lawsuit’s named plaintiffs who is housed in solitary confinement at the state prison complex in Eyman, has suffered significant deterioration in his physical and mental health as a result of being held in isolation, where he has become suicidal and repeatedly harmed himself in other ways. Prison staff have failed to treat his mental illness, improperly starting and stopping psychotropic medications and repeatedly using ineffective medications that carry severe side effects. Last November, Thomas overdosed on medication but did not receive any medical care.
Given the unique circumstances under which Plata rose to the Supreme Court — California’s prison overcrowding had been endemic for years, and had reached the level of a state of emergency, as declared by Governor Schwarzenegger — I wasn’t sure that the Plata ruling would have much practical effect beyond the Golden State. So it’ll be interesting to watch as the Prison Law Office expands its work to Arizona. As Plata itself demonstrates, the staff there have a track record of translating concerns about prison conditions into legal claims that courts take seriously.
When U.S. District Judge Thelton Henderson of San Francisco appointed a receiver in February 2006 to oversee inmates’ medical treatment, he said the lack of adequate care was killing an average of one prisoner a week, and state officials had shown themselves incapable of complying with constitutional standards, including the ban on cruel and unusual punishment.
On Tuesday, Henderson said the latest report from receiver Clark Kelso showed “significant progress,” to the point that many of the goals have been accomplished. “The end of the receivership,” the judge said, “appears to be in sight.”
It’s not over yet, though. Henderson told lawyers for state prison officials and the inmates to meet with Kelso and try to agree on when the state will be ready to run its own system, under continued monitoring — by Kelso or someone else — to prevent backsliding. Their report is due by April 30.
In the meantime, the prison population continues to shrink, a development closely linked to two decades of health care litigation.
Donald Spector, who heads the Prison Law Office, which has been litigating the California prison cases for 20+ years, told the Los Angeles Times that he’s worried the state may backslide after the receivership is lifted, given the state’s ongoing fiscal crisis. California Healthline has a helpful backgrounder on the issue.
A Justice Department investigation has found numerous medical and mental health problems in Miami-Dade County jails.
The Civil Rights Division investigation says the jail system is indifferent to suicide risks, fails to provide adequate mental illness treatment and disregards medical needs including chronic health problems. The probe also found inadequate fire systems and bad sanitation, as well as risks of violence on inmates by fellow prisoners.
The investigation says these problems violate constitutional rights of prisoners and cause them physical harm, including death. The investigation began in 2008.
From the day he took office, Gov. Rick Scott has set out to shake up Florida’s prison system — the nation’s third-largest after California and Texas — pushing for privatization of many facilities and bringing in outside talent, Edwin Buss, to run the Department of Corrections. Buss made a national reputation within the corrections field by cutting costs in Indiana’s prisons, and Florida won a hard-fought bidding war with Michigan to hire him away. When he got to Florida, Buss brought in 14 staffers from Indiana and announced a variety of reform proposals, including expanding reentry programs and updating some of the Sunshine State’s more antiquated facilities.
This week, Buss abruptly resigned. The Miami Herald reports:
A soft-spoken U.S. Army veteran, Buss seemed unprepared for the amount of scrutiny legislators, interest groups and media give to Florida’s prisons, which have a legacy of controversy and scandal. He also said he had more autonomy in his previous job as Indiana’s chief of prisons.
Buss, 45, ran afoul of Scott aides on two recent issues.
He did not let the Governor’s Office review a health care privatization contract worth up to $400 million before posting it on the agency website. The contract stipulated that health care vendors must be accredited by the American Correctional Association, whose director, James Gondles, is the husband of Betty Gondles, the consultant Buss hired to prepare the contract.
Under pressure from Scott’s office, Gondles ended her $180,000, 10-month consulting job Wednesday.
Buss also signed a deal with MSNBC to tape six episodes of its Lockup series in Santa Rosa Correctional Institution without letting Scott’s attorneys review it. When the Governor’s Office moved to cancel the contract, the prison system answered with an e-mail showing Scott’s aides knew of the TV deal in April, but by then the contract was signed.
Ironically, Scott’s lawyers approved the MSNBC contract hours before Buss resigned.
The Herald also notes that Buss’s job was recently made more difficult by the challenge of privatizing 30 South Florida prisons in six months, as mandated by the Legislature — a move that may cost the prison system $25 million in compensation to terminated employees for unused leave.
(h/t: The Crime Report)
Surely, had the Wisconsin legislature passed a law that DOC inmates with cancer must be treated only with therapy and pain killers, this court would have no trouble concluding that the law was unconstitutional. Refusing to provide effective treatment for a serious medical condition serves no valid penological purpose and amounts to torture. – Fields v. Smith, 7th Cir., Aug. 5, 2011
The Seventh Circuit recently struck down a 2005 Wisconsin law, the “Inmate Sex Change Prevention Act,” that barred prison doctors from prescribing hormone treatment or sex reassignment surgery for transgender prisoners. The Seventh Circuit panel of Gottschall (a district judge sitting by designation), Rovner, and Wood held that the statute violates the Eighth Amendment ban on cruel and unusual punishment, affirming a ruling by Wisconsin federal district judge Charles Clevert. (While Clevert’s ruling also found a Fourteenth Amendment Equal Protection Clause violation, the Seventh Circuit did not reach that issue, striking the law solely on Eighth Amendment grounds.)
Writing for the panel, Judge Gottschall (PDF here) summarizes the expert testimony offered at trial about the “feelings of dysphoria” caused by Gender Identity Disorder (GID): Read the rest of this entry »