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.

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

Idaho Fines Private Prison for Contract Violations

The state is ordering private prison company Correction Corporation of America to pay thousands of dollars and fix problems with drug and alcohol treatment and medical care at the Idaho Correctional Center.

Ten of 13 drug and alcohol counselors at the prison near Boise aren’t qualified to provide treatment under CCA’s contract with the state, according to records obtained by The Associated Press.

Additionally, a medical audit by Idaho Department of Correction officials earlier this year shows the private prison has extensive problems administering medical care, including inadequate records; delays in providing medications, immunizations and mental health care; and a lack of follow-up or oversight when inmates are returned to the lockup after being hospitalized.

The state ordered CCA to provide it with a plan to fix the medical care problems by May 25, but the company has already missed that deadline.

Idaho is also imposing liquidated damages against CCA for violating its state contract by failing to have qualified drug and alcohol counselors. The damages rack up at a rate of more than $2,600 a day; so far, CCA owes the state more than $40,000 for the violations.

“We’re very concerned,” said Rona Siegert, director of Idaho Department of Correction Health Services. “That’s the whole purpose of the audit, to find these things before they get to a level where they’re critical.”

Nashville, Tenn.-based CCA responded to questions about the problems through a prepared statement.

“Regarding the findings of recent medical audits completed by the Idaho Department of Corrections at Idaho Correctional Center, we acknowledge and share the concerns of our government partner and take them seriously. While the identified issues are not at a critical stage, we are working actively and deliberately to quickly and effectively resolve them,” the company said.

CCA also said it is trying to hire qualified staffers for its drug and alcohol rehabilitation program.

“Our efforts to recruit qualified and credentialed addiction, alcohol and drug professionals from the available pool of local candidates continue. We are confident that these efforts will result in our company being in compliance in the near term with a fully credentialed Therapeutic Community staff, as local qualified professionals seek employment opportunities.”

Company officials also said several staff members are set to undergo certification testing in the coming months. But Natalie Warner, the Idaho Department of Correction’s contract administrator and quality assurance manager, said that under the schedule CCA provided for its current employees, the last of the certifications won’t be completed until June 2011. Meanwhile, CCA will have racked up more than $100,000 in liquidated damages.


In an April letter informing the private prison company of the issues, Idaho Department of Administration purchasing officer Jason Urquhart said the Correction Department feared that the drug and alcohol program violations could increase costs for the state.

Offenders often are required to complete the Therapeutic Community program to be released, so if the program’s integrity is compromised, offenders may have to stay in prison longer, increasing costs to the state, Urquhart wrote. He went on to say that the parole commission could require offenders to take part in drug and alcohol programs at other prisons — also increasing costs.

The medical audits, completed between February and April, suggest that in many cases, inmates are going without adequate care, Siegert said. Still, Siegert said the Correction Department didn’t know of any inmates who had suffered injury or harm because of the violations.

Among other problems found in the audits, inmates in the prison’s infirmary were sometimes left alone, without any working pager or call-light system to call a nurse or doctor in an emergency. They also were going too long between medical checks by nursing staff, according to the records.

“Our requirement is that a provider makes the rounds every day to see if they’re getting better or getting worse, what their vital signs are,” Siegert said.

Medical test results also languished unread for too long, raising the possibility that serious medical problems weren’t being addressed right away, Siegert said.

If the company doesn’t repair or adequately explain the audit findings, Idaho can impose liquidated damages for those violations as well.

“It’s going to stay on our radar and we’re going to continue watching it very closely,” Warner said.

Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2010/06/01/financial/f114357D89.DTL&type=science#ixzz0peqqAWjZ

Man dies of apparent suicide while in custody of Orleans Parish sheriff

A man died in the custody of the Orleans Parish sheriff Friday night, about two hours after he arrived at an intake facility on a charge of heroin possession.

In a news release, Orleans Parish Criminal Sheriff Marlin Gusman called the death of Michael Hitzman, 31, an apparent suicide.

Hitzman is the fourth inmate to die this year while in the custody of the sheriff’s office.

Hitzman arrived at the sheriff’s Intake and Processing Center at about 5 p.m. Friday. He was screened by medical staff, who observed wounds on his forearms consistent with intravenous drug use, the news release said.

According to the release, a physician prescribed an antibiotic and scheduled a follow-up appointment.

Hitzman initially appeared calm but subsequently attempted to leave through the emergency doors and began exhibiting “belligerent, uncooperative” behavior, according to the sheriff’s office.

For his own safety and the safety of others, Hitzman was placed into an individual holding cell at around 6 p.m., the news release said.

At 7:14 p.m., a deputy found that Hitzman had apparently attached his T-shirt to the cell door and strangled himself. Efforts to revive him were unsuccessful.

“At no time during the booking and screening process for this arrest, or any prior arrests, or during any of his prior incarcerations, did Hitzman express or exhibit any suicidal tendencies,” said an e-mail sent by sheriff’s office spokeswoman Mary Martin.

An autopsy is being conducted by the Orleans Parish coroner’s office.

Last month, two Orleans Parish Prison inmates died about an hour apart, though the deaths were unrelated.

About midday on March 30, Shedrick Godfrey, 48, died of an apparent heart attack while working a community service detail with other inmates. About an hour later Chris Blevins, 22, died from a stab wound to the chest suffered during a lunchtime fight with another inmate.

Richard Scearce, 60, who was arrested after a daylong standoff with New Orleans police last fall, died of cardiac arrest Jan. 19 while in custody of the sheriff’s office. Scearce died at the Interim LSU Public Hospital, where he had been transferred for treatment of a urinary tract infection, Gusman’s office said.

Scearce had barricaded himself inside his Uptown apartment Oct. 30 after receiving an eviction notice. He fired an assault rifle several times and set fire to his home, police said.

In December, Gusman and several of his staff members were sued by the father of a New Orleans woman who died in restraints in the jail’s psychiatric unit.

Cayne Miceli, 43, had a history of asthma, panic attacks and depression but was denied adequate medical care after she arrived at the jail in January 2009, the suit alleges. Miceli was arrested after allegedly biting a police officer who tried to remove her from Tulane Medical Center, where she had been treated for an asthma attack.

A U.S. Department of Justice report last year raised numerous concerns about the jail’s medical services.

The report — which Gusman said was outdated and ignored post-Katrina difficulties — mostly singled out the jail’s mental health care procedures. It criticized the jail’s use of restraints on a tier reserved for mentally ill patients and the facility’s procedures for preventing suicide and dispensing medication to inmates.

The report did not criticize screenings for other medical problems at the intake and processing center, and it concluded that other aspects of the jail’s medical care met constitutional mandates.

Solidarity with our South Bay Boston Sisters! RESIST!!

From: NEFAC-New England <newengland@nefac.net>
Date: Sun, Apr 4, 2010 at 11:25 AM
Subject: Women in House of Correction in Boston resisting! Call in this week!
To: newengland@nefac.net

CALL TO ACTION – FORWARD WIDELY

Women at South Bay are being served bug-infested food, are forced to live  in flooded cells, and daily face unsanitary and dangerous conditions.  Women are refusing meals and demanding that the situation immediately be  put to rights.

Grievances have been filed about food infested with maggots*; rat  droppings have also been found in prisoners’ food.  The late rain may have been an annoyance to some of us, but it was flooding the women’s cells in the tower where they are held.  One woman was given a plastic trash bag to deal with the leaks, which bag was soon filled with water.  Another woman took to using her personal property, blankets, towels, sheets, and clothing to stuff up the leaks, all of which was soaked almost
immediately.  Even the ceiling of the visiting room was severely damaged by recent rain.

The facility is fewer than 20 years old.  In response to the complaints, the institutional grievance coordinator declared the food and flooding situations “resolved,” despite the fact that the leaks have not been fixed and the food sanitation situation is merely being “investigated.”

Hidden in plain sight, this Boston facility is right off Mass Ave by Boston Medical Center.  The repulsive conditions at South Bay are bad enough in their own right, but consider that the captive population is much more likely to have compromised immune systems, whether because of
hepatitis C, diabetes, HIV/AIDS, or an array of other conditions.  For people suffering from chronic medical issues, South Bay’s filth is nothing short of a threat on their lives.

Call Sheriff Andrea J.Cabral this week at 617.635.1000, ext. 2100 and tell her that she is responsible for the health and wellbeing of those in her custody.  An effective public relations machine is not enough.  Demand that meaningful changes are made immediately with input from those women
most suffering from the issues at hand.  The two most important issues to the women inside right now are 1. the food and 2. the leaky cells.  We encourage people to leave call back numbers and demand a response from the administration.  We also encourage you to write bostonabc@riseup.net and tell how your call went!

A woman wrote, “I just need some help.  No one helps the women here.” Please prove her wrong!

*When one prisoner complained to a guard about the maggots in her food, the guard retorted that it was “protein.”