Prison Law Blog

Sara Mayeux

String of Lawsuits Isn’t Scaring States Away from Corrections Corp. of America

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Bob Ortega of the Arizona Republic has been reporting an excellent series on the private prison business. This article is a must-read for summarizing the many connections between Arizona local and state officials and the Nashville-based Corrections Corporation of America. Definitely go read the article, and the “Price of Prisons” series it’s part of, in full. For the purposes of this blog, the highlight of the article is the litany of lawsuits that CCA is facing all over the country. Several stem from the Arizona CCA facilities where Hawaii ships a large number of its prisoners. One Hawaii inmate alleges he was forced to give oral sex to a guard at an Arizona CCA prison; 18 Hawaiian inmates say they were stripped, beaten, and threatened by guards in retaliation for a fight; two other Hawaii inmates were killed by other inmates and their families are alleging that prison security was inadequate. Elsewhere around the country, three female inmates claim they were sexually assaulted at a Kentucky CCA facility; after a series of sexual assault cases nationwide, both Kentucky and Hawaii have removed all their female prisoners from CCA institutions. The most notorious CCA lawsuit, though, is the Idaho “Gladiator School” suit, which alleges 13 instances in which CCA officers opened doors to let violent inmates attack other prisoners and did not intervene during the beatings.

Here, as reported by Ortega, is CCA’s response:

Asked about the suits, CCA’s Owen said, “These are allegations that have not yet been proven in a court of law. These are not established facts, and we respond in court, so I’m not at liberty to respond.”

He said that in June, Hawaii awarded CCA a three-year, $136.5 million contract to continue housing that state’s inmates in Arizona.

“That was a competitive-bid process,” Owen said.

CCA was the only bidder.

“There isn’t a corrections system in the country that’s immune to lawsuits or incidents,” Owen said. “Those don’t necessarily tell the whole story. You have to look at our overall track record. . . . Do incidents occur? Yes. Are we responsive when things happen? Do our partners continue to trust and work with us? Yes.”

The article also notes the troubling lack of security at the Arizona private prisons where many California prisoners are transferred. I’ve heard from prisoners who’ve done time in private prisons that they did not feel safe there. Paid a low hourly wage, private prison guards have little incentive to risk physical harm by intervening in violent situations. In addition, Ortega’s article points out that CCA does not perform full background checks on guards or check whether they have relationships with inmates.

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