Deaths in Custody – Homicide: Nunuha family sues CCA and state.

This poor man’s murder was preventable – and horrendous. Condolences to his loved ones. I hope you make CCA and the State of Hawai’i pay – it’s the only thing that seems to make these people change how they abuse and neglect other human beings. If you need the support of other prisoners’ families surviving similar traumas, please let me know (Peggy Plews 480-580-6807 prisonabolitionist@gmail.com). I am in Phoenix, AZ.
Arizona State Legislature, Phoenix.
February 15, 2011
—————-from the ACLU of Hawai’i————–

Family of Hawaii Prisoner Murdered in Mainland Prison Files Lawsuit Against State of Hawaii, Corrections Corporation of America

Today the family of Bronson Nunuha, a 26-year-old Hawaii prisoner who was brutally murdered at a Corrections Corporation of America (CCA) (NYSE:CXW) private prison in Arizona in 2010, filed a lawsuit in state court against CCA and the State of Hawaii.  The suit exposes CCA’s business model of grossly short-staffing prisons and cutting corners in every way possible to make its private prisons profitable.  These systemic practices violated fundamental safety requirements and subjected Hawaii prisoners to rampant gang violence in under-staffed prison units.  Bronson Nunuha was just months away from release on a burglary conviction when CCA forced him to share housing with extremely violent, gang-affiliated prisoners in the same unit.  A copy of the complaint is here

“Bronson’s death was senseless and preventable.  CCA and the State of Hawaii needlessly put him in danger,” said attorney Kenneth M. Walczak, who, along with the Human Rights Defense Center and the ACLU of Hawaii, represents the Nunuha family. 

“Private prisons are known to have higher levels of violence due to understaffing and high staff turnover that result from their goal of generating ever-greater profits,” added HRDC director Paul Wright. “But prison companies are not allowed to make profit more important than human life.  Unfortunately, CCA’s desire to turn a corporate profit needlessly cost Bronson Nunuha his life.”

Bronson was transferred to CCA’s Saguaro Correctional Center in Eloy, Arizona as part of a controversial practice in which Hawaii prisoners are sent to for-profit mainland facilities. He was serving a 5-year sentence for burglary and property damage when he was killed by other prisoners. Bronson, who was only months away from completing his sentence and returning to his family on Oahu, left behind a grieving mother, sisters, and his seven-year-old son. 

Under Hawaii law, the State was required to return Bronson to Hawaii when he had only a year left on his sentence so that he could complete necessary programs to help him re-enter the community.  The State ignored this law.

Bronson was murdered in CCA’s “Special Housing Incentive Program,” or SHIP. The SHIP program places rival gang members and prisoners who do not belong to any gang together in one unit, where they share recreation time and sometimes the same cell.  Predictably, this practice results in violent incidents like Bronson’s murder. Only one CCA employee was present to oversee approximately 50 prisoners in the SHIP unit where Bronson was housed.

While at the CCA prison, Bronson had asked to be removed from the SHIP unit but CCA staff denied his requests.  On February 18, 2010, two gang members attacked Bronson in his cell; the cell door had been opened by a CCA employee, who then left. Bronson was beaten and stabbed over 100 times. His assailants carved the name of their gang into his chest and even had time to leave his cell, shower and change clothes before CCA staff knew that Bronson had been killed. 

One of Bronson’s assailants, Miti Maugaotega, Jr., had previously been involved in several attacks on other prisoners at a different CCA prison. Maugaotega, a gang member, was serving multiple life sentences for attempted murder, rape, and armed robbery. CCA and the State knew that Maugaotega was dangerous and capable of extreme violence but still housed him in the same unit as Bronson, a non-violent offender close to finishing a 5-year sentence.

CCA prisons that house Hawaii prisoners have been plagued with problems. In addition to Bronson’s murder, another Hawaii prisoner, Clifford Medina, was killed at the Saguaro facility in June 2010. In 2009, Hawaii removed all of its female prisoners from CCA’s Otter Creek Correctional Center in Kentucky following a scandal that resulted in at least six CCA employees being charged with rape or sexual misconduct. Other Hawaii prisoners have sued CCA, charging that the company has tolerated beatings and sexual assaults in its mainland prisons, and for refusing to allow them to participate in native Hawaiian religious practices.

“Why the State of Hawaii continues to contract with this company is mystifying, frankly,” said Wright. “After two murders, disturbances, allegations of rampant sexual abuse and a lack of accountability by CCA employees, it’s fairly obvious that CCA is unable or unwilling to safely house Hawaii prisoners, and the State is unable or unwilling to adequately monitor conditions at mainland prisons. Hawaii taxpayers are certainly not getting what they’re paying for.”

ACLU of Hawaii Senior Staff Attorney Dan Gluck added, “the ACLU has long warned the State about the damaging effects of its short-sighted policy of shipping prisoners to the mainland. This tragedy is bound to be repeated unless Hawaii adopts more effective prison policies.” 

Bronson’s family is represented by the San Francisco law firm of Rosen, Bien & Galvan, LLP, by HRDC chief counsel Lance Weber, and by the ACLU of Hawaii’s Dan Gluck.  The attorneys ask anyone with information about Bronson’s death – or information about violations of other safety rules at the CCA Saguaro Correctional Facility – to contact them.              
 
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The Human Rights Defense Center, founded in 1990 and based in Brattleboro, Vermont, is a non-profit organization dedicated to protecting human rights in U.S. detention facilities. HRDC publishes Prison Legal News, a monthly magazine that includes reports, reviews and analysis of court rulings and news related to prisoners’ rights and criminal justice issues. PLN has almost 7,000 subscribers nationwide and operates a website (www.prisonlegalnews.org) that includes a comprehensive database of prison and jail-related articles, news reports, court rulings, verdicts, settlements and related documents. 

 Rosen Bien & Galvan, LLP has a unique practice blending public interest and private sector litigation.  The firm represents individuals and companies in complex trial and appellate litigation in state & federal courts.

3 California hunger strikers commit suicide.

The following press release was posted yesterday at Prisoner Hunger Strike Solidarity: go to the site and show them some support.

Condolences to these men’s loved ones.

Three Prisoners Die in Hunger Strike Related Incidents: CDCR Withholds Information from Family Members, Fails to Report Deaths
November 17, 2011
Press Contact: Isaac Ontiveros

Oakland – In the month since the second phase of a massive prisoner hunger strike in California ended on September 22nd, three prisoners who had been on strike have committed suicide. Johnny Owens Vick and another prisoner were both confined in the Pelican Bay Security Housing Unit and Hozel Alanzo Blanchard was confined in the Calipatria Administrative Segregation Unit (ASU).

According to reports from prisoners who were housed in surrounding cells and who witnessed the deaths, guards did not come to the assistance of one of the prisoners at Pelican Bay or to Blanchard, and in the case of the Pelican Bay prisoner (whose name is being withheld for the moment) apparently guards deliberately ignored his cries for help for several hours before finally going to his cell, at which point he was already dead. “It is completely despicable that prison officials would willfully allow someone to take their own life,” said Dorsey Nunn, Executive Director of Legal Services for Prisoners with Children, “These guys were calling for help, their fellow prisoners were calling for help, and guards literally stood by and watched it happen.”

Family members of the deceased as well as advocates are having difficult time getting information about the three men and the circumstances of their deaths. The California Department of Corrections and Rehabilitation (CDCR) is required to do an autopsy is the cases of suspicious deaths and according to the Plata case, is required to do an annual report on every death in the system. Family members have said that their loved ones, as well as many other prisoners who participated in the hunger strike, were being severely retaliated against with disciplinary actions and threats. Blanchard’s family has said that he felt that his life was threatened and had two emergency appeals pending with the California Supreme Court at the time of his death.

“It is a testament to the dire conditions under which prisoners live in solitary confinement that three people would commit suicide in the last month,” said Laura Magnani, Regional Director of the American Friends Service Committee, “It also points to the severe toll that the hunger strike has taken on these men, despite some apparent victories.” Prisoners in California’s SHUs and other forms of solitary confinement have a much higher rate of suicide than those in general population.

The hunger strike, which at one time involved the participation of at least 12,000 prisoners in 13 state prisons was organized around five core demands relating to ending the practices of group punishment, long-term solitarily confinement, and gang validation and debriefing. The CDCR has promised changes to the gang validation as soon as early next year and were due to have a draft of the new for review this November, although it’s not known whether that process is on schedule. “If the public and legislators don’t continue to push CDCR, they could easily sweep all of this under the rug,” said Emily Harris, statewide coordinator Californians United for a Responsible Budget, “These deaths are evidence that the idea of accountability is completely lost on California’s prison officials.”

Be ashamed, PA DOC! A female prisoner with diabetes dies as a result of direct medical neglect in a PA prison

We received this message from facebook. We urge the authorities to conduct an investigation into the death of this woman in prison who had diabetes and who needed insulin, a life-saving medication, together with her daily intake of food. We left out the name of the person trying to help her for fear of possible retaliation. Those responsible for the death of Tonya Green should be held accountable.

Tonya Green, the inmate in the cell next door, ‘cried and begged 6 days for help, and no-one helped her. She was unable to get herself up off the floor, and no-one helped her get up, so therefore they did not give her food and she did not take her insulin.’

The doctor came and shouted at her, ignoring her pleas for help. On the morning of the seventh day, the fellow prisoner found Tonya lying dead on the floor of her cell. She reported this to the guards but it took them another four hours to decide to go in and check on Tonya. Their attempts to revive her were, by then, futile.

I have no idea what Tonya had done to be serving a prison sentence but the way she was left to die was perverse and inhumane. Her death would probably be classified by law as caused by grave neglect. Manslaughter, maybe? Taking into account everyone knew Tonya was diabetic and needed insulin, you might even call it murder.

Suspect arrested in CCA murder at Saguaro

Cellmate arrested in death of Hawaii inmate
By Mary Vorsino
Star Advertiser
POSTED: 10:54 a.m. HST, Jun 14, 2010

Arizona police are questioning a 21-year-old Hawaii inmate in the death of his cellmate, a 23-year-old Hawaii man, last week at the Saguaro Correction Center.

Mahinauli Silva is expected to be charged with second-degree murder.

Eloy, Ariz., police said Silva admitted to strangling his cellmate, Clifford Medina, in their cell last Tuesday when the prison was in lockdown.

Police had no immediate information on a motive in the killing.

Officials had earlier declined to confirm how Medina was killed. Medina was found unresponsive in his cell Tuesday morning.

An emergency medical services team tried unsuccessfully to revive him, according to a brief statement from the Corrections Corp. of America, which operates Saguaro.

ACLU objects to Request by ICE to be dropped from Lawsuit over Death of Immigrant Detainee

This comes from the ACLU:

MARCH 3, 2010

The Rhode Island ACLU objected today to attempts by U.S. Immigration and Customs Enforcement (ICE) to be dropped from the federal lawsuit filed by the ACLU on behalf of the family of a detainee who died while in the custody of immigration officials at the Wyatt Detention Facility in Central Falls. Hiu Lui “Jason” Ng, the 34-year-old Chinese detainee, died in August 2008 after complaining for months to prison officials about being in excruciating pain. Guards and medical personnel at Wyatt continually accused Ng of faking his illness and denied him medical care, and he was only diagnosed with terminal liver cancer and a broken spine less than a week before he died.

The lawsuit claims that ICE had legal custody over Ng and knew of violations of his constitutional and statutory rights but did not act to stop them. In a hearing on Wednesday, the lawyer for ICE argued that the federal agency cannot be held responsible for the way corrections officers, medical staff and prison officials at the Wyatt treated Ng because ICE had contracted out the work to the Wyatt and so it was their responsibility to provide care for Ng.

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