Lawyer claims Hawaii prisoners are harassed at Arizona prison

From: Hawaii News Now, Nov 24th 2012
By: Keoki Kerr

SUGUARO, Arizona (HawaiiNewsNow) —

A Honolulu lawyer who represents about 70 Hawaii inmates at an Arizona prison said officials there routinely harass and retaliate against some of those inmates for bringing complaints about their treatment behind bars.

Hawaii inmates at Saguaro Correctional Center in Arizona often use the phone to talk to their Hawaii-based attorneys, such as Myles Breiner.  
But he said officials at the prison routinely listen to the prisoners’ side of the conversations and take notes on their contents, a violation of attorney-client privilege.

“Inmates, as a result, are intimidated.  They are reluctant to discuss anything over the phone,” Breiner said. “Our clients are told, ‘Why do you need that lawyer?  You don’t need that lawyer. We can help you without that attorney.'”

Breiner said Saguaro inmates who file complaints about abuse by guards, improper medical attention and other problems with staff are retaliated against with unfair misconduct violations, which can make them ineligible to get parole.

“Inmates who are pursuing litigation have a disproportionate number of misconducts filed against them by the facility,” Breiner said.

A spokesman for Corrections Corporation of America, the private company that owns the prison where Hawaii houses more than 1,600 of its inmates, released a statement responding to some of Breiner’s allegations.
 “CCA takes the safety and dignity of the inmates entrusted to our care very seriously,” said Steven Owen, senior director of public affairs for the prison company. “We have a zero-tolerance policy for any form of retaliation and take any such allegations very seriously.”

Owen said the Saguaro Correctional Center has a “robust grievance process” that inmates can use to voice concerns or complaints, and he said the prison encourages them to do so.

But Breiner has other complaints.

“The warden has a habit of referring to me as ‘That Jew lawyer. That Jew lawyer Myles Breiner.” They hope to have me put in segregation,” Briener said.

In a letter he wrote to Hawaii’s Attorney General David Louie, Breiner said his clients tell him the prison warden and his assistant warden say they want to lock Breiner up if he visits the facility.

Read the rest and view the film here: http://www.hawaiinewsnow.com/story/20173244/lawyer-claims-hawaii-prisoners-are-harassed-at-arizona-prison

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.              
 
###

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.

Exile to the Desert: 3 more years of CCA’s abuse.

Shame on the state of Hawaii for continuing this contract after all the abuses (including torture and the sexual assault of a prisoner by a guard) that have occurred in Saguaro Correctional Center in the prison town of Eloy under CCA’s watch. The people of the Islands should oppose this vociferously…your prisoners are just in for more abuse at the hands of Arizonans – especially your Indigenous. In fact, following this news article is a link to a decent piece by a friend of mine, Frank Smith from Private Corrections Institute, who’s an expert on the private prison industry. He did some extensive research into the experience of Native Americans in private prisons – it’s worth reading.

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State Signs New Three-Year Arizona Prison Deal

Hawaii Reporter

June 23, 2011

BY JIM DOOLEY – The state has signed a new, three-year contract with Corrections Corporation of America to house up to 1,900 prison inmates at private prisons in Arizona.

The price carries a one per cent increase over the curent contract with CCA, which expires at the end of the month. The Department of Public Safety will pay CCA $63.85 per inmate per day. The old rate was $63.22.

CCA is believed to have submitted the sole bid for the contract.

The new deal, which carries two possible one-year contract extensions, was signed as Gov. Neil Abercrombie’s administration is making plans to end the longstanding policy of imprisoning Hawaii inmates in out-of-state facilities.

Public Safety officials are drawing up a plan for the return of out-of-state prisoners, but its completion is sometime in the future and will depend on construction of new correctional facilities here and development of new community-based programs for men and women now locked behind bars.

The Hawaii State Auditor said in a report issued late last year the total cost of the private prison program more than tripled since 2001, from just under $20 million to more than $60 million.

The per-day charges under the new contract would total some $44.3 million, although there are millions the state must pay in associated costs which the contract with CCA doesn’t cover.

The actual number of Hawaii inmates now held at CCA’s Saguaro Correctional Facility in Eloy, Arizona is now believed to have dropped under 1,800 as the state has stepped up efforts to bring certain categories of prisoners home.

Some 60 Hawaii inmates are also being held at CCA’s Red Rock Correctional Facility, next door to the Saguaro complex.

————————–Native Americans in Private Prisons——————

Native Americans in Private Prisons.

Arizona Prison Watch
Friday, December 3, 2010

The following is the intro to a piece written by my friend Frank Smith, an expert on private prisons with the Private Corrections Working Group (where I dig up all those rap sheets on prison profiteers). Here’s the testimony he gave to the Commission on Safety and Abuse in America’s Prisons several years back – which makes some good points still relevant to the violence and abuse of prisoners at CCA’s Idaho Correctional Center, among other places.

Follow the link for the full text of the article, which I found posted to a great website on Lenape (Delaware Indian) culture and issues. The article was originally published as a chapter in the book “Capitalist Punishment: Prison Privatization and Human Rights” (Elizabeth Alexander, et al), a worthwhile text for any library on crime and punishment.

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Incarceration of Native Americans and Private Prisons
By Frank Smith

Introduction

There are currently slightly over two million inmates in local, state and federal jails and prisons. Of these, some 1.6 percent are Native Americans and Hawaiian Natives; in Federal institutions, Native Americans constitute 2 percent of the population, since the U.S. government is involved in criminal justice enforcement on reservations. Because approximately 6 percent of all U.S. inmates are held in private prisons, the total number of Native Americans in these for-profit prisons is comparatively rather small. For that reason, this article presents a picture of the conditions in which Native Americans are held given that limited experience.

Historical Perspective


In order to achieve an informed understanding of the current situation with regard to Native Americans in prison, it is necessary to place it within a larger historical and sociological context. While most residents of the US have the notion their country was founded on the principles of justice and freedom, closer examination reveals that perception is not accurate, particularly in the case of Native Americans.1

The more progressive of our founding fathers whom we remember so fondly as protectors of these ideals include Thomas Paine and Thomas Jefferson. Paine consistently referred to Indians as “savages”, and used them as a negative comparative stereotype. Jefferson considered his contemporary Indians to be hindrances to colonial progress. The US only granted Natives citizenship in 1924, five years after women and 59 years after Black males were allowed to vote.

African Americans have undoubtedly been pervasively discriminated against in US history–their dehumanization was even embodied in the Constitution. Schoolchildren learn of the more egregious Supreme Court-approved violations of the rights of Blacks such as the Dred Scott decision or Plessy v. Feurgeson,2 and that the Civil War was fought in part over slavery.

They may have read the Emancipation Proclamation and even the Thirteenth to Fifteenth Amendments to the Constitution. The sordid history in America of slave owning, in the north and south, of lynching, of Jim Crow, is discussed in most schools. The role of such historic figures as Frederick Douglas or Sojourner Truth is widely recognized. Martin Luther King Jr., is certainly better known than many mediocre presidents. Selma, Alabama, and Little Rock, Arkansas are familiar mileposts, as is Brown v. Board of Education. Students may even understand the meaning of racial profiling, of the immensedisparity between sentencing for crack cocaine, more prevalent in inner-city neighborhoods, and powdered cocaine, more favored by wealthier uburbanites.

They may possibly be aware that a Black adolescent has perhaps a 50 times greater chance of being placed in an adult penal institution than a white youth who has been charged with exactly the same crime,3 and that perhaps one of three young Black men has been subjected to some criminal sanction, such as probation, parole, jail or prison.

Yet how many Americans, young or old, fully understand that this same disenfranchisement; this same disproportionate treatment by the criminal justice system, has affected Native Americans since the Articles of Confederation were signed? How many realize that broken treaties have been the order of the day for over two hundred years? Do they know that the early settlement of this nation involved pushing indigenous peoples into ever smaller, less habitable reservations?

How many school children are taught the cruel facts behind the genocidal removal of the inhabitants of the post-Revolutionary Southeast? There is hardly a Native American tribe that does not have a history of broken treaties and persecution. What this long, troubled relationship between European Americans and Natives constitutes is deliberate disregard for and discrimination against Native culture. Theft of lands, exiles, dispossessions, and a prevailing condemnatory and paternalistic attitude provide the background for the problems of Native Americans in prisons, both public and private, today. It particularly pervades the conditions of confinement of Indians in private prisons…

Prisoners Post: to the CEO of CCA, Damon Hininger.

Hope some of Hawai’is legislators are paying attention to this – look at what you really get for your dollar in Arizona.

This is a courageous, frank letter from a prisoner of the Corrections Corporation of America and the City of Eloy out at the Saguaro Correctional Facility (where 18 prisoners are suing for torture, and one is suing a guard for sexual assault).

I sure hope Thad was right when he guessed that the CEO may actually answer his letter, though, if he’s right about all this, then they’ll be sure to send someone to his cell to harass and write him up, at the very least.

Keep us posted on how you’re faring in there, Thad. We still want to see you make it out of there soon. He makes a hell of a lot of money off of prisoners like you behaving yourselves, so I’d think he’ could afford the grace to listen...

– Peg

“Prisoners Have Families, Too”.
Maricopa County Jail: Tent City.

Phoenix, AZ. (April 6, 2011)

PS: Here’s the follow-up post to this letter. Thad got harassed alright – he was hit for another year by the parole board after they had already given him an out date, thanks to a personal call from the good warden at Saguaro after this post went up. As far as I’m concerned, they’re corrupt through and through in Eloy, Arizona: the City of God.


————————————————

To The CEO of CCA:
Damon Hininger

Corrections Corporation of America

10 Burton Hills Boulevard
Nashville, Tennessee 37215

Phone: (615) 263-3000; (800) 624-2931
Fax: (615) 263-3140

Hawai’ian prisoners may be doomed to more CCA abuses.

The article below is from the Honolulu Star Advertiser – nice follow-up to the on-going story on your prisoners.

So, heads up, Hawai’i: Corrections Corporation of America still wants your prisoners here even though they just rape, beat, and otherwise abuse the ones they already have. Think again about whether or not you really want to commit your most vulnerable people (who are in with all the real thugs) to the care of a community such as Eloy. That whole community is feeding on the misfortune of your prisoners and their victims alike, and cares not one bit about your public safety.

The more endangered you are or think you are, in fact, the more prisoners they all get paid to warehouse. Eloy and CCA are are quite happy with your crime rate, I’m sure – try to kick it up a little, and they’ll probably throw a party in appreciation. They don’t care who you ship to them or why – just keep the warm bodies and dollar bills coming. The same people are trying to get the legislature to criminalize all of us, too.

Doesn’t Hawai’i find that troubling? You are the hosts for parasitic entities who will cause you more trouble than an epidemic of bed bugs…speaking of, I hope you’re testing your prisoners for Hep C, because we have an epidemic of that in our own prisons, and it’s being neglected more so than most of the rest of the country. 25% of Arizona’s prison population has tested positive for the virus, and they don’t even test everyone about 30% of our prison deaths are due to the liver and kidney failure that results from chronic infection. HCV is far more destructive and malicious than most criminals – and goes home with almost all of them to spread insidiously through their own communities. I bet the people of Eloy don’t even know what kind of risk their guards and community are at, too.

Don’t think there isn’t racism involved in your treatment here, by the way. It’s tragic enough that Hawai’i incarcerates so many indigenous people – moving them off their homeland and away from their communities in the process – for the profit of the selfish, greedy white men who make their living off of people being victimized. It’s even worse that you put them in the hands of Arizonans, of all people… this is, after all, the Deep South of the New Southwest: we collectively hate people of color unless they’re doing our bidding, and we criminalize those who resist white supremacy here. The only reason we don’t turn around and just lynch our prisoners to be done with them is because Joe Arpaio and Chuck Ryan are killing them off for us. I know this because I’ve heard from many of their family members. I don’t want to start hearing from your devastated survivors, too.

It doesn’t matter whose name the prisons are in, if you’re going with for-profits: they’re all evil. Here, though, Arizonans staff them, and our people are well-known for being unbelievably cruel to “outsiders.” We even seem to be proud of it, looking at who we have in office here. Remember that, and if nothing else, at least find a way to get your people out of this god-forsaken state. Even if you bring CCA into your own backyard, at least you can keep an eye on them there, and have Hawai’ians be the ones to administer justice to Hawai’ians.

Let me know if there’s anything I can do from this end to help.

Peggy Plews, Phoenix
Arizona Prison Watch

——————————-

Bids sought to house inmates

The state says it does not have the facilities to bring prisoners back to the islands

Honolulu Star Advertiser
By Rob Shikina

POSTED: 01:30 a.m. HST, Mar 11, 2011

State prison officials are seeking proposals to house about 1,800 prisoners outside Hawaii after the current prison contract ends in June, despite Gov. Neil Abercrombie’s call to bring inmates back home as soon as possible.

“It is very clear at this time that we do not have all the facilities to bring the inmates back,” said Martha Torney, deputy director of administration for the state Department of Public Safety. “As the state moves toward bringing the inmates back to the islands, that will determine what our needs are in the future.”

The state already has returned some prisoners since Abercrombie said in December that he wants prisoners to stay in Hawaii.

During the quarterly rotation in January, the state brought back about 125 more prisoners than were sent to the mainland, Torney said.

The request for proposals, published March 1, designates a three-year contract, but the state can cancel the contract and remove prisoners at any time, Torney said. The submittal period ends March 31.

One company that plans on submitting an offer is Corrections Corp. of America — the fifth-largest U.S. prison operator behind the federal government, California, Florida and Texas.

Hawaii has 1,699 prisoners at CCA’s Saguaro Correctional Center and 58 inmates at CCA’s Red Rock Correctional Center, both in Eloy, Ariz., Torney said.

Brad Regens, CCA’s vice president of state partnership relations, said CCA is not lobbying to keep Hawaii’s prisoners out of state.

Torney said the Public Safety Department is working on a two-pronged plan to return isle inmates and hopes to have the plan ready for the Legislature by year’s end. She said it’s too early to discuss any other time line.

The plan includes a re-entry project to get prisoners into the community and out of prison sooner, and a look at expanding the number of prison beds in Hawaii.

Sen. Will Espero, chairman of the Public Safety, Military and Intergovernmental Affairs Committee, said he would like to see Hawaii prisoners returned rather than paying a private company $60 million a year to house them. He and Rep. Henry Aquino, chairman of the Public Safety and Military Affairs Committee, said CCA officials expressed interest in running a private prison in Hawaii.

Hawaii’s prisoners were sent out of state 16 years ago as a short-term solution to overcrowding and have been under CCA’s care since 1998.

Espero said there are many possibilities for returning Hawaii’s inmates, such as reopening Kulani Correctional Facility on the Big Island, building a new prison on Maui, introducing electronic monitoring and expanding furlough programs.

“If the governor is serious about this, within his four-year term he should easily be able to bring back 1,000 or 1,500,” he said.

Eloy Council blesses CCA prison proposal

Here’s the local coverage of last week’s Eloy City Council meeting – there really is such a thing as a free press in Arizona. The people of Eloy should be proud of that, despite the performance of their public officials. Kudos to Lindsey Gemme, editor of the Eloy Enterprise at Tri-Valley Central for giving the private prison issue the fair hearing this month that the Eloy City Council wouldn’t.

I had no expectation of such a comprehensive report on the meeting – I drove Frank to it; this is a good account of how it went down. The mayor, as noted, is on Corrections Corporation of America’s payroll (is it any wonder?), and the rest of them showed more concern for roads and traffic lights than for the lawsuits and human rights claims filed against the CCA prisons in their town.


I was actually astonished that there was no council discussion of the abuse – no sign of disapproval, even. People have been brutalized and raped in the City of Eloy’s care – Hawai’i is even talking about pulling their prisoners out. If CCA and Eloy can’t be responsible for those already committed to their custody – at quite a cost to the public, in more ways than one – why should Arizona pay them to warehouse and dehumanize our people, too? What kind of critical public service is that really providing – torturing drunks, drug addicts and burglars already bound in chains? It not only diminishes our collective humanity, it puts us all at risk to let prisoners be abused in the end.
Gemme – you may or may not agree with my own editorial above, but I think identifying the allegations of CCA’s prisoner abuse in the meeting took integrity and courage – I think most editors in a similar situation might have considered that ice to be too thin. Good luck with the fallout. There are a lot of Hawai’ian and Californian families who will be watching your back now, at least – they need news they can trust more than anyone these days. We’ll be watching, too.

————————————-

The private life of prisons

Researchers address Council on dangers, costs of private prisons

By LINDSEY GEMME
Editor – Eloy Enterprise Tri-Valley Central.com
Published: Thursday, February 24, 2011
What seemed to be a housekeeping issue before Council during its regular meeting last Monday, Feb. 14, opened up a can of worms when three agreements with Corrections Corporation of America (CCA) came on deck.
Mayor Byron Jackson abstained from the discussion and approval of the CCA items, as his being a contract employee for CCA for landscaping presented a conflict of interest. Vice-Mayor Frank Acuna oversaw the discussion in his place.

The first of the three items were merely to formalize in writing a verbal agreement with an existing contract between CCA and the Dept. of Public Safety in Hawaii. Though the city had been involved, it had never officially designated in writing or policy the lawful roles of each member in the agreement.

“It creates a separate agreement defining the city’s and CCA’s previous agreement to house the State of Hawaii and Dept. of Public Safety inmates in Eloy,” City Manager Ruth Osuna explained.

The second was a request of Council’s support in a proposal CCA was sending out for a contract with the Arizona Department of Corrections for 5,000 prison beds. Pending the results of that bid, CCA could be building a new facility to accommodate those state inmates, or expanding on an existing one. Eloy is one of several locations CCA would considering siting a new facility, if needed.

The proposal will be submitted today, Feb. 24. The 5,000 beds could be split up into several facilities, and it is uncertain exactly what CCA will opt to do.

“Both out of the respect for the RFP process and for competitive reasons, it’s too early in the process and it’s premature for CCA to discuss what that proposal would entail,” CCA Public Affairs Director Steve Owen later explained.

Before approval of the items last week, two members of the audience addressed Council during the Call to the Public about the agreements with the for-profit correctional company.

Local resident Frank Smith explained that he has been researching private prisons for 15 years. Besides helping to build criminal cases in the past, he’s also become quite knowledgeable about the drain private prisons put on a municipality. For example, he said, prisoners use 150 gallons of water a day, each. Multiply that times 5,000 prisoners, that’s 273 million gallons of water a year in Eloy.

“You’re talking about a tremendous amount of water,” Smith pointed out. “You’ve got problems with water in Arizona, you’ve got the Salt River Project. It’s a consideration you should investigate before you approve this agreement.”

CCA tends to depend on the towns where their prisons are located to supply infrastructure like sewer lines and paving, he went on to say. “Not always, but most of the time. There is a liability here, you can get into trouble.”

Another liability, he added, were escapes from these facilities, such as the one in Kingman last year. According to Smith, the state is being sued $40 million for the Kingman escape.

“An escape that was inevitable given the level of training and turnover of the guards that were there,” he said. “It took them hours to notify the Mojave County Sheriff. After three hours, they didn’t even know who was gone…and it took another hour and an half or so before the EDC was notified who they were.

“You’ve got serious problems here. I think the city should investigate its exposure to liability.”

He cited the pre-Christmas riot in December last year where seven inmates were sent to the hospital as another instance of liability for the city to consider. Especially, he said, in light of the lawsuit being waged against CCA by 18 Hawaiian prisoners who reported serious abuse at the hands of CCA staff at the Saguaro prison.

Costs are another thing he warned the city to be wary about. “You don’t see the numbers that CCA should be giving you. And you don’t get the jobs here. There’s a very high turnover.”

For example in Texas, he said, the state discovered that seven of their private prisons had 90 percent turnover a year. “That’s not correctional officers, you’re talking about fast food workers with badges. That’s tremendous turnover.”

Vice-Mayor Acuna had to cut Smith off at the three-minute mark, and Caroline Isaacs came to the podium. Isaacs is director of the American Friends Service Committee Office in Tucson, which is a national organization associated with the Quaker religion and concentrates its efforts on criminal justice reform. She has been working with AFSCO for 15 years.

She began by announcing to Council about the public hearing on for-profit incarceration that they helped host in Tuscon on Oct. 27, 2010, during which several area community leaders presented their exhaustive research on private prisons.

According to the AFSC’s Web site, many Tucson area government officials were in attendance at last October’s public hearing regarding prison privatization. Correctional representatives from the Arizona Dept. of Corrections, CCA, and the Management and Training Corporation, although invited, were not in attendance,.

Those in attendance were: Phil Lopez (Ariz. State Representative, District 27), Assistance Tucson City Manager Richard Miranda, Richard Elias (Pima County Supervisor, District 5), Steve Kozachik (Tucson City Council, Ward 6), Nancy Young-Wright (Ariz. State Representative, District 26), and former associate editor for the Tucson Citizen, Mark Kimble, moderated by Mari Herraras from Tucson Weekly.

Presenters were Stephen Nathan with the Prison Privatization report International, Susan Maurer with the New Jersey Dept. of Corrections, Victoria Lopez with ACLU Arizona, Joe Glen with the Juvenile Corrections Association, and Jim Sanders with the Real Estate Appraiser in Tucson.

Some of the findings revealed at the meeting were that overall, it costs more to utilize private prisons than state-run institutions, are understaffed and Isaacs gave several examples from over the last year illustrating the safety concerns there are for prisoners.

This past summer, a Hawaiian inmate at Saguaro was strangled by his cellmate while the prison was in lock down in June 2010. That same month, another inmate was stabbed to death at Saguaro by two other inmates who could face the death penalty, and an employee suffered a broken nose and cheekbones and eye socket damage during a 30-inmate brawl over an Xbox game in July.

That’s not to mention the recent lawsuit pending against CCA by 18 of its inmates in December for abuse that went unchecked by the state’s on-site contract monitor.

Isaacs also explained to Council the uncertainty of the prison company’s cost nunbers, according to an audit done by a Hawaiian company for Saguaro.

“CCA chooses to report artificial cost figures derived from a calculation based on a flawed methodology,” she read directly from the audit. “Without clarified guidance by policy makers, the department has no incentive to perform better, and will continue to evade accountability by providing unreliable and inaccurate reporting of operating costs…”

At the end of her three minutes, Isaacs left information for Council to review at their leisure.

Council then turned to the task at hand, which were the three agreements with CCA.

The third agreement was to formalize a verbal contract between the city and CCA about the company’s role in building certain infrastructure to service its three newest prisons.

Councilman Joel Belloc questioned whether the roads around the newest prison, LaPalma, were completed and who was responsible for the upkeep of those roads. CCA representative John Gluch was present, and told Council that the roads were complete and were now in the hands of the city.

“[This agreement] is just to put into writing the timing of the improvements,” Rick Miller said about the final agreement. “It is good to know that they’re going to be anticipating those costs, which, in time, will need to be paid. We’ll need traffic signals and that infrastructure will go in and they will be a participant in their share of that.”

All three agreements were unanimously approved.

“We certainly are very appreciative of the level of support that the city of Eloy has shown us and by extension, the broader Pinal County area, as well as the recognition they’ve given the services that we provide,” Owen later commented, “and the economic impact we have with our facilities. We look forward to our long term relationship withe community continuing.”

Prisoner’s Post: Celling Hawai’i.

I’ve been encouraging the prisoners I correspond with lately to write about their experiences, perspectives, etc. so I can publish them. This is one of the first responses I’ve received to that invitation. The author’s address is below if anyone wants to discuss his thoughts with him; he took some risk doing this so others could get a look inside the place. We’re going to keep in touch just to make sure he makes parole as scheduled without any problems from CCA.

So, heads up there, CCA. I’m inside your prisons, now, too.


– Peg, Arizona Prison Watch

—————————————-

January 27, 2011

To those who want to know the truth:

My name is Thad Thompson. I’m from Hawai’i. I’m currently incarcerated in Hawaii’s Department of Public Safety. I am presently at a private CCA (Corrections Corporation of America) facility named Saguaro Correctional Center over here in Arizona.

Where do I start, y’all? This place is a disgrace to all decent humanity. First of all, I’d like you to think about what it means to be a “private” facility. Yes it means that these places are owned and operated just like Walmart. THESE PLACES ARE FOR PROFIT!!! Everything they do, they are actually trying to keep people locked up so that they can make money. As a cowboy or cattle ranchers main product is cattle, his or her main focus is to exploit, or make money off of, cattle. And so as a private facility’s main products are prisoners we prisoners are exploited to make money off of. Things are bad and only getting worse.

To give you a specific example of how bad it is, listen to this. There’s this program here called the SHIP (Special Housing Incentive Program) which is a program completely devised and ran by CCA. They claim it’s a rehabilitation program. And by presenting this program to the State of Hawaii they got MORE money per head then the average for each bed occupied in this program. So if you think about this,l you’d see that these guys are locking us up in a program which has similar to Supermax housing for 18 months for no other reason but to get this extra money. They totally fabricated write-ups and situations to put anyone they want into this program. And in this program we’re going without proper hygiene (i.e. lotion, deodorant, etc.) warm clothing, or even cleaning chemicals. I could go on and on.

And then to top off all that these guys are literally making stuff up to issue out write-ups while in this program which in the end end holds people back longer in this program. What they’re doing is making sure this program is filled with as many inmates as possible!! More inmates means more money.

For another example of how bad things are and are getting worse, check this out. Hawai’i has had inmates in CCA facilities since 1995. In 2007 Hawai’i bought and built its own facility (this one) to be filled only with Hawai’i inmates as we were previously spread out among a few different CCA’s across the country. In 2010, only 2 1/2 years after arriving our population experienced its first and second murders (inmate on inmate) ever, since being involved with CCA facilities. And also we’ve had a severe beating of a staff member here which all shows that the amount of abuse being committed against us is starting to take it’s toll and the negative effects are showing. You can only beat a dog so much before it will start to act up and bite back.

I hear this abuse here is being explained all over the internet. Take a look. Maybe you can help. I’m still here!!!

E a me aloha,

Thad Thompson #A5013250
Saguaro Correctional Center
1252 East Arica Rd
Eloy, AZ 85131

Rape is Rape: More CCA abuses at Saguaro

From Arizona Prison Watch:

According to Courthouse News this week, a suit was filed against the State of Hawaii and Corrections Corporation of America due to the October 2009 sexual assault of a prisoner who was coerced to perform oral sex on CCA Saguaro Correctional Center guard Richard Ketland. Apparently in Eloy, Arizona, the rape of a prisoner brings – at worst – a felony charge of “unlawful sexual contact,” and can be settled as a lesser offense so as to only require probation.

The guy he assaulted was just in on a drug charge, by the way, for those of you to whom it matters.


The real “truth in sentencing” in America is that you may be raped, regardless of the severity of your own crime. As for Ketland – on July 14, 2010 he plead guilty to “attempted unlawful sexual conduct” (a class 6 felony), and sure didn’t hit the news or go to prison.

I doubt he did a day in jail, either.

You wouldn’t know this kind of thing happens here from the mainstream media in Arizona. Here’s an interesting article in the region’s Tri-Valley Central notifying the nearby Florence community of sex offenders who have been released there. That was posted the day after Ketland’s victim filed suit. I don’t find any mention of a CCA guard sexually assaulting a prisoner at all, though, after a number of different searches of the publication: nothing on Ketland even in the deeper archives.

I only got six hits on Google when I looked up the terms ” ‘richard ketland’ cca prison arizona”, too.

I assure the uninitiated out there: being forced to your knees and having someone ejaculate in your mouth is a pretty heinous form of penetration. Most of us would call that rape. Prison guards in this state have the authority to use lethal force against prisoners to prevent them from harming anyone else or escaping – and no one believes a “criminal” over a “cop”. The victim could have easily been crucified by Ketland and CCA if he even survived putting up a fight.

I’d hope that if the same thing happened to me in Pinal County, the good sheriff and prosecutor would call rape what it is and treat it accordingly – especially if my assailant wore a uniform and a badge, and carried the responsibility of the public’s trust.

I guess I should commend the Pinal County prosecutor for calling it a crime at all. Still, I’m disappointed. Some of you should remember that in December 18 other prisoners from the Saguaro Correctional Center in Eloy filed suit over brutality by guards on a massive scale. I have yet to hear anything about criminal charges being filed for the assault, intimidation, threats to prisoners and families, etc. – crimes that were apparently perpetrated with the blessing of the CCA warden, however.

So, I again urge the public that cares – wherever you may be – to contact the Pinal County Sheriff, Paul Babeu, the Pinal County Attorney, James P. Walsh, and the Arizona media to shine a spotlight on this abuse and prosecute the criminals working for CCA at Eloy’s Saguaro Correctional Center. All the contact info you need is here from December: “Prosecute CCA prisoner abuse.” If you didn’t speak up against violence and abuse then, please do so now.

For reference, here’s the Private Corrections Working Group’s rap sheet on CCA prisons across the country; they have four facilities in Eloy alone.

And here’s the Hawaiian victim’s actual legal claim

Welcome to Eloy, AZ. Note their affection for Jesus.

He was a prisoner, too.




CCA, Eloy: Jesus was a Prisoner, too.



Driving home from visiting a state prisoner for Christmas today, I was struck by how many prisons and detention centers are in towns (and wasteland) right off of the I-10 between Phoenix and Tucson – most located in Pinal County. Eloy is one such town – “city”, rather, as I discovered when I turned off of the highway at one of their exits.

Lo and behold, not only is Eloy teeming with prisons (4 of Correction Corporation of America‘s 6 institutions of incarceration are located there, including Red Rock and Saguaro Correctional Centers), but it is also apparently a City of God. Christ’s Father, that is.

Look closely at their sign…


Now, I actually found hope in that sign, but there are a lot of ways that could be read. Eloy, like virtually all prison towns, feeds largely on the lives of people imprisoned there from other places – mostly poor neighborhoods of big cities like Phoenix. Just listen to how prisons are sold to hungry communities: while saving the state money they promise revenue to build local schools with, jobs to fuel the economy, and bodies to add to the census and political pocketbook – bodies of people who have been stripped not only of their freedom as punishment, but also of the one right that most distinguishes U.S. citizens from non-citizens: the right to vote.

How that perverse penalty for most felons, regardless of the severity of their crime, is not considered a violation of the 8th Amendment in light of Trop v. Dulles, I don’t know. I have my own feelings about citizenship in this country, but that’s another blog post for another time. The point is that in a case in which a soldier was stripped of citizenship, the Supreme court found that “the total destruction of the individual’s status in organized society… is a form of punishment more primitive than torture, for it destroys for the individual the political existence that was centuries in the development. The punishment strips the citizen of his status in the national and international political community. His very existence is at the sufferance of the country in which he happens to find himself…”

It’s worth looking at, this whole felon dis-enfranchisement thing. It’s a holdover from the Reconstruction era when former slaves were criminalized just so they couldn’t vote or live free. That was well over a century ago. What are we still doing it for? I think it’s one big contributing element to guards dehumanizing prisoners such that they can perpetrate the most disturbing violence on them without much regard to consequences – the fact that we already collectively diminished their basic rights.

In any event, American prisoners are not only widely marketed, traded and sold as commodities because states pay to confine them, but – as an end run around the Emancipation Declaration – they are even constitutionally defined as slaves. Both their labor and their mere existence are exploited to generate income for “host” (actually, “parasitic”) communities, private investors, corporate and municipal employers of prisoners, vendors of all sorts – from those supplying commissaries/canteens to those monopolizing lucrative contracts for collect calls home to impoverished families.

The most revered beneficiaries of the criminalization and incarceration of vast numbers of the poor are those whose livelihoods (and children’s medical care) depend on “fighting crime,” “insuring justice,” and “promoting public safety”. Let’s not forget our beloved politicians, too. They rake in money, adoration, and power from that in all sorts of ways.

Add all those folks up and it’s no surprise that our society – particularly this state – fails to invest in proven strategies for reducing crime and victimization in favor of disenfranchising and dis-empowering those people who might resist the machinery that so violently destroys their lives and communities in retaliation for their offenses against property and the state.

One such person engaged in resistance would have been Christ. He really was a freedom-fighter, actually. A lot of people conveniently forget this, but he was a prisoner, too. Remember that line about “whatsoever you do for the least of these, you do for me”? He was talking about prisoners, among others.

So, to say that “the world needs Jesus” could mean that the world needs more prisoners, or it could mean that the world needs more forgiveness and grace. It could mean we need more bodies to buy and sell – and more consumers and workers to exploit for profit – or it could mean we need to overturn the moneylenders’ tables and loudly protest the torture of our prisoners at the hands of sadistic and vindictive guards.

I don’t know what the City of Eloy means to say by promoting Christ in the world – they will have to show us that themselves. I know what Jesus said about poverty, exploitation, judging others harshly, and caring for our prisoners. It’s all spelled out pretty clearly in the Gospels. If you read only one, choose Matthew. Hit the Sermon on the Mount and then Matthew 25:35-40 in particular. Then tell me if the world needs more prisoners, or more mercy. More punishment or more care...

We have been at war in Afghanistan for nine years now, and in Iraq for almost as long (or more than twice as long, if you count the casualties of the sanctions). That’s longer than any declared war in our national history, and there’s really no end in sight, despite what time-lines the President offers. We’re still sending our youth off to kill or be killed in the name of liberty and justice for all around the world, while doing so little to defend those two values here at home.

I find that unacceptable.

My wish for the new year is that the spirit of the Christ whose life and teachings I myself have learned something from is recognized and honored in every prisoner we hold in our facilities of detention, correction, and punishment – particularly by those among us who identify as “Christian”. They seem to hold most of the keys to those places, ironically.

If the City of Eloy is truly a City of God, as it would seem they purport to be – then the Pinal County Sheriff and prosecutor would go after the abusive guards at Saguaro as swiftly and surely as CCA will go after the prisoners who rioted at Red Rock this week. They would not fear the political reprisal of honest citizens for doing so. If anything they would be seen as heroic for aggressively championing the human rights of people literally in chains who are at the mercy of their tormentors.

Likewise, if Eloy is a City of God, then CCA wouldn’t get away with defending the employee misconduct at their institutions that we’ve heard about this month from Hawaiian prisoners. They would be out in front of this lawsuit, disciplining and referring the guards in question – as well as the warden there – for criminal prosecution, which the local criminal justice system would jump on. Of course, last I saw CCA was defending the despicable videotaped brutality of their guards in Idaho, too, so I don’t expect that much of them. But I expect more of a City of God.

The state feeds us fear to maintain power, but in truth most American prisoners haven’t physically harmed anyone but themselves. Even many who are charged with “violent” crimes never struck a soul. Robbing a bank with nothing more than a squirt gun or a note, for example, is considered a “violent” crime. So is brandishing a box cutter at security guards chasing you down for shoplifting (that got one mentally ill kid I adore 5 years, including a year in Supermax).

Now, if those are violent crimes, what do we call repeatedly assaulting and threatening to rape, torture, and kill helpless people? Why is every City of God not up in arms? Which of our brothers are we forgiving for what, and whose cries are we drowning out with our choirs on Sundays? Shall we continue to extract an eye for a dollar or a tooth for every rebuke of the state, and pay a dollar of our own money to those who threaten to extinguish prisoners’ lives?

That isn’t even how it was supposed to work in the Old Testament, much less the one dominated by Jesus.

I’ve been born more than once, I am sure, but because of the way Christ’s life and message and symbols have been abused, I don’t call myself a “Christian” or abide by the mandates of any religion. I just try my best to live by the principles and values that ring true to me, most of which are common but not exclusive to the Christian faith. Self-professed Christians out there need to consider for themselves what his truth is and how to live it; I just wish that if they identify Jesus as their role model they would follow his guidance a little more closely. The world would be a bit better for it…and we wouldn’t constantly be at war in his name, either.

Christ, I have no doubt, would deeply disapprove of our system of “justice” in America – particularly Arizona – and how we perpetrate violence on our prisoners. After all, he was criminalized for defying both capital and the state, and lived and died as a prisoner himself. As I read it, he went out that particular way for a reason, too.

Anyway, for the sake of the thousands of disenfranchised, incarcerated and otherwise detained souls whose misery they have profited from, I hope Eloy is a City of Jesus’ version of God. How they and CCA deal with the perpetrators of abuse in their prisons will tell us much more than the signs they’ve placed at their gates do.

(read CCA’s rap sheet at the Private Corrections Working Group’s website. Catch up on CCA’s Idaho “Gladiator School“, too. But give the people of Eloy a chance…)

Eloy AZ: Jesus was a Prisoner, too.



Driving home from visiting a state prisoner for Christmas today, I was struck by how many prisons and detention centers are in towns (and wasteland) right off of the I-10 between Phoenix and Tucson – most located in Pinal County. Eloy is one such town – “city”, rather, as I discovered when I turned off of the highway at one of their exits.

Lo and behold, not only is Eloy teeming with prisons (4 of Correction Corporation of America‘s 6 institutions of incarceration are located there, including Red Rock and Saguaro Correctional Centers), but it is also apparently a City of God. Christ’s Father, that is.

Look closely at their sign…


Now, I actually found hope in that sign, but there are a lot of ways that could be read. Eloy, like virtually all prison towns, feeds largely on the lives of people imprisoned there from other places – mostly poor neighborhoods of big cities like Phoenix. Just listen to how prisons are sold to hungry communities: while saving the state money they promise revenue to build local schools with, jobs to fuel the economy, and bodies to add to the census and political pocketbook – bodies of people who have been stripped not only of their freedom as punishment, but also of the one right that most distinguishes U.S. citizens from non-citizens: the right to vote.

How that perverse penalty for most felons, regardless of the severity of their crime, is not considered a violation of the 8th Amendment in light of Trop v. Dulles, I don’t know. I have my own feelings about citizenship in this country, but that’s another blog post for another time. The point is that in a case in which a soldier was stripped of citizenship, the Supreme court found that “the total destruction of the individual’s status in organized society… is a form of punishment more primitive than torture, for it destroys for the individual the political existence that was centuries in the development. The punishment strips the citizen of his status in the national and international political community. His very existence is at the sufferance of the country in which he happens to find himself…”
It’s worth looking at, this whole felon dis-enfranchisement thing. It’s a holdover from the Reconstruction era when former slaves were criminalized just so they couldn’t vote or live free. That was well over a century ago. What are we still doing it for? I think it’s one big contributing element to guards dehumanizing prisoners such that they can perpetrate the most disturbing violence on them without much regard to consequences – the fact that we already collectively diminished their basic rights.

In any event, American prisoners are not only widely marketed, traded and sold as commodities because states pay to confine them, but – as an end run around the Emancipation Declaration – they are even constitutionally defined as slaves. Both their labor and their mere existence are exploited to generate income for “host” (actually, “parasitic”) communities, private investors, corporate and municipal employers of prisoners, vendors of all sorts – from those supplying commissaries/canteens to those monopolizing lucrative contracts for collect calls home to impoverished families.

The most revered beneficiaries of the criminalization and incarceration of vast numbers of the poor are those whose livelihoods (and children’s medical care) depend on “fighting crime,” “insuring justice,” and “promoting public safety”. Let’s not forget our beloved politicians, too. They rake in money, adoration, and power from that in all sorts of ways.

Add all those folks up and it’s no surprise that our society – particularly this state – fails to invest in proven strategies for reducing crime and victimization in favor of disenfranchising and dis-empowering those people who might resist the machinery that so violently destroys their lives and communities in retaliation for their offenses against property and the state.

One such person engaged in resistance would have been Christ. He really was a freedom-fighter, actually. A lot of people conveniently forget this, but he was a prisoner, too. Remember that line about “whatsoever you do for the least of these, you do for me”? He was talking about prisoners, among others.


So, to say that “the world needs Jesus” could mean that the world needs more prisoners, or it could mean that the world needs more forgiveness and grace. It could mean we need more bodies to buy and sell – and more consumers and workers to exploit for profit – or it could mean we need to overturn the moneylenders’ tables and loudly protest the torture of our prisoners at the hands of sadistic and vindictive guards.

I don’t know what the City of Eloy means to say by promoting Christ in the world – they will have to show us that themselves. I know what Jesus said about poverty, exploitation, judging others harshly, and caring for our prisoners. It’s all spelled out pretty clearly in the Gospels. If you read only one, choose Matthew. Hit the Sermon on the Mount and then Matthew 25:35-40 in particular. Then tell me if the world needs more prisoners, or more mercy. More punishment or more care...

We have been at war in Afghanistan for nine years now, and in Iraq for almost as long (or more than twice as long, if you count the casualties of the sanctions). That’s longer than any declared war in our national history, and there’s really no end in sight, despite what time-lines the President offers. We’re still sending our youth off to kill or be killed in the name of liberty and justice for all around the world, while doing so little to defend those two values here at home.

I find that unacceptable.

My wish for the new year is that the spirit of the Christ whose life and teachings I myself have learned something from is recognized and honored in every prisoner we hold in our facilities of detention, correction, and punishment – particularly by those among us who identify as “Christian”. They seem to hold most of the keys to those places, ironically.

If the City of Eloy is truly a City of God, as it would seem they purport to be – then the Pinal County Sheriff and prosecutor would go after the abusive guards at Saguaro as swiftly and surely as CCA will go after the prisoners who rioted at Red Rock this week. They would not fear the political reprisal of honest citizens for doing so. If anything they would be seen as heroic for aggressively championing the human rights of people literally in chains who are at the mercy of their tormentors.

Likewise, if Eloy is a City of God, then CCA wouldn’t get away with defending the employee misconduct at their institutions that we’ve heard about this month from Hawaiian prisoners. They would be out in front of this lawsuit, disciplining and referring the guards in question – as well as the warden there – for criminal prosecution, which the local criminal justice system would jump on. Of course, last I saw CCA was defending the despicable videotaped brutality of their guards in Idaho, too, so I don’t expect that much of them. But I expect more of a City of God.

The state feeds us fear to maintain power, but in truth most American prisoners haven’t physically harmed anyone but themselves. Even many who are charged with “violent” crimes never struck a soul. Robbing a bank with nothing more than a squirt gun or a note, for example, is considered a “violent” crime. So is brandishing a box cutter at security guards chasing you down for shoplifting (that got one mentally ill kid I adore 5 years, including a year in Supermax).

Now, if those are violent crimes, what do we call repeatedly assaulting and threatening to rape, torture, and kill helpless people? Why is every City of God not up in arms? Which of our brothers are we forgiving for what, and whose cries are we drowning out with our choirs on Sundays? Shall we continue to extract an eye for a dollar or a tooth for every rebuke of the state, and pay a dollar of our own money to those who threaten to extinguish prisoners’ lives?

That isn’t even how it was supposed to work in the Old Testament, much less the one dominated by Jesus.

I’ve been born more than once, I am sure, but because of the way Christ’s life and message and symbols have been abused, I don’t call myself a “Christian” or abide by the mandates of any religion. I just try my best to live by the principles and values that ring true to me, most of which are common but not exclusive to the Christian faith. Self-professed Christians out there need to consider for themselves what his truth is and how to live it; I just wish that if they identify Jesus as their role model they would follow his guidance a little more closely. The world would be a bit better for it…and we wouldn’t constantly be at war in his name, either.

Christ, I have no doubt, would deeply disapprove of our system of “justice” in America – particularly Arizona – and how we perpetrate violence on our prisoners. After all, he was criminalized for defying both capital and the state, and lived and died as a prisoner himself. As I read it, he went out that particular way for a reason, too.

Anyway, for the sake of the thousands of disenfranchised, incarcerated and otherwise detained souls whose misery they have profited from, I hope Eloy is a City of Jesus’ version of God. How they and CCA deal with the perpetrators of abuse in their prisons will tell us much more than the signs they’ve placed at their gates do.

(read CCA’s rap sheet at the Private Corrections Working Group’s website. Catch up on CCA’s Idaho “Gladiator School“, too. But give the people of Eloy a chance…)