Confronting deliberate indifference: Parsons v Ryan settlement reached.

 EDITED OCT 14, 2014 3:48pm

This first press release is just in from the ACLU of Arizona. I think the DOC is getting off easy without having a public trial, but it saves money and time to do this instead. They were definitely going to lose...

The second press release is from the head of the AZ DOC, Charles Ryan, the guy who was named in the suit. Sounds like he won the lawsuit or something. These are vastly different accounts of the settlement. My bet is that the AZ DOC put the most spin on their version, but it concerns me that they say the following:


" “This is positive news,” said ADC Director Charles Ryan.  “On the eve of trial, the plaintiffs in this case have essentially agreed that the department’s current policies and practices, along with recent enhancements to programming opportunities, adequately addresses the plaintiffs’ concerns relating to constitutional healthcare and conditions of confinement for maximum custody and mentally ill inmates. "

AND:
 
" ADC will monitor its own compliance, thus avoiding costly court oversight, and the Plaintiffs’ attorneys, through record review and on-site tours will confirm compliance, as well."

Say what??? No way!!!

I'm going to have to read the settlement docs myself and get back to you all with another analysis..

----------

Arizona Agrees to Major Improvements in Prison Health Care, Crucial Limits on Solitary Confinement in Landmark Settlement

For Immediate Release
October 14, 2014

CONTACT:

Alexandra Ringe, American Civil Liberties Union, media@aclu.org, 212-549-2666
Steve Kilar, ACLU of Arizona, skilar@acluaz.org, 602-773-6007
Don Specter and Corene Kendrick, Prison Law Office, dspecter@prisonlaw.com and ckendrick@prisonlaw.com, 510-280-2621

PHOENIX – The American Civil Liberties Union, the ACLU of Arizona, the Prison Law Office, and co-counsel today filed a settlement agreement in their class-action suit on behalf of more than 33,000 prisoners in Arizona’s state prisons. Under the settlement, the Arizona Department of Corrections must fix a broken health care system plagued by long-term and systemic problems that caused numerous deaths and preventable injuries. The settlement will also allow prisoners in solitary confinement who have serious mental illnesses to have more mental health treatment and time outside their cells, and will make other critical reforms in prison conditions.

“The Arizona Department of Corrections worked with us on a settlement that shows a commitment to protecting prisoners’ physical and mental health,” said David Fathi, the Director of the ACLU’s National Prison Project. “We hope other states will now find ways to provide adequate medical, mental health, and dental care to their prisoners.”

“The Arizona Department of Corrections has agreed to changes that will save lives,” said Don Specter, Director of the Prison Law Office. “This settlement will bring more humane treatment for prisoners with serious health care needs, and the potential for their conditions to improve rather than worsen.”

The settlement in Parsons v. Ryan requires the Arizona Department of Corrections (ADC) to meet more than 100 health care performance measures, covering issues such as monitoring of prisoners with diabetes, hypertension, and other chronic conditions; care for pregnant prisoners; and dental care.

The settlement also requires ADC to overhaul the rules for prisoners with serious mental illnesses in solitary confinement. Instead of spending all but six hours a week in their cells, such prisoners will now have a minimum of 19 hours a week outside the cell, and this time must include mental health treatment and other programming. ADC must also restrict guards’ use of pepper spray on these prisoners, using it only as a last resort when necessary to prevent serious injury or escape.

The settlement provides for ongoing monitoring and oversight by the prisoners’ lawyers to make sure the state is complying with its terms.

The groups filed the federal lawsuit in 2012, challenging years of inattention to the health needs of state prisoners and improper and excessive use of solitary confinement, resulting in serious harm and unnecessary deaths. Judge Neil V. Wake of the U.S. District Court in Phoenix certified the case as a class action in March 2013, and the U.S. Court of Appeals for the Ninth Circuit affirmed that ruling in June 2014. Last month, the groups filed reports by nationally recognized experts in corrections and in medical, mental health, and dental care, showing system-wide problems with the prisons’ health care and excessive use of solitary confinement.

In addition to the ACLU and the Prison Law Office, other attorneys on the case are Perkins Coie, Jones Day, and the Arizona Center for Disability Law, which is also a plaintiff in the case.

Click here for a copy of the SETTLEMENT stipulation filed today with the court. 

Click here for a copy of the EXHIBITS to the stipulation.

For more information about Parsons v. Ryan:

aclu.org/prisoners-rights/parsons-v-ryan

For information about the ACLU’s National Prison Project:
https://www.aclu.org/prisoners-rights

For information about the Prison Law Office:
www.prisonlaw.com

For information about the Arizona Center for Disability Law:
http://www.acdl.com/

---now for the official state version----

ARIZONA DEPARTMENT OF CORRECTIONS

1601 W. JEFFERSON

PHOENIX, ARIZONA 85007

(602) 542-3133

www.azcorrections.gov    

JANICE K. BREWER                                                  CHARLES L. RYAN GOVERNOR                                                                            DIRECTOR

For more information contact: Doug Nick dnick@azcorrections.gov Bill Lamoreaux blamorea@azcorrections.gov

Tuesday, October 14, 2014

Parties reach settlement agreement

and seek to vacate Parsons v. Ryan trial

PHOENIX (Tuesday, October 14, 2014) – The Arizona Department of Corrections (ADC) has reached a settlement agreement in collaboration with the ACLU, Prison Law Office and ACDL prior to the pending trial.

The parties have agreed to approximately 100 performance measures applicable to medical, mental health, dental and conditions of confinement.

“This is positive news,” said ADC Director Charles Ryan.  “On the eve of trial, the plaintiffs in this case have essentially agreed that the department’s current policies and practices, along with recent enhancements to programming opportunities, adequately addresses the plaintiffs’ concerns relating to constitutional healthcare and conditions of confinement for maximum custody and mentally ill inmates.

“In regards to those issues, the settlement notwithstanding, it’s unfortunate that the plaintiffs continue to use rhetoric such as ‘solitary confinement’ to describe housing for some inmates.  No such confinement exists in our institutions.  The Department of Corrections has always followed nationally-accredited standards for housing single-cell inmates that include requirements for natural daylight and contact with others, and out-of-cell time.

“Additionally, it should be noted that Arizona’s inmate mortality rates, including incidents of suicide, are within the national average for corrections departments.  In 2012, the most recent year for which statistics are available, Arizona reported 215 deaths per 100,000 inmates, compared to the national average of 254 per 100,000.  Additionally, Arizona averaged 17 inmate suicides per 100,000, which is in line with the national average of 16 per 100,000.

“By avoiding a costly trial, the Department saves significant resources that can be further directed towards continuing to provide constitutional healthcare and structured programming to support successful community reintegration.  This is especially relevant in light of the fact that despite the state of California spending nearly $18,000 per inmate for health care costs due to two decades of litigation by the same plaintiffs in the Parsons case, California is still under court supervision and the inmate mortality rate there exceeds that of Arizona. 

By contrast, Arizona spends nearly $3,800 per inmate in health care costs.

ADC will monitor its own compliance, thus avoiding costly court oversight, and the Plaintiffs’ attorneys, through record review and on-site tours will confirm compliance, as well. ADC, through its contracted vendor, must meet specific compliance thresholds at its facilities. Within two years, monitoring of performance measures automatically terminates when those performance measures meet agreed-upon thresholds.  ADC can petition the court to terminate the entire settlement agreement after four years.

Parsons v Ryan: AZ AG/DOC seeks settlement talks, as CORIZON treats cancer with antacids.

Condolences to the family of Glen Huggins and every other AZ DOC prisoner who has died from the violence of deliberate indifference under this governorship. May we soon see an end to the drug war, and the beginning of the end to our legislature giving blessings to those who would maximize profit by stealing public resources from the sick and dying. The prisoners, the ACLU-AZ and the Prison Law Office, among others, are doing their part to fight the parasites our state does business with, having filed Parsons v Ryan (which goes to trial in October, unless it's settled first). Please do your part as well, and honor Glen's dying wish that no more have to suffer as he did. Demand that your legislators launch an investigation into the DOC's ineffective leadership, high number of unnecessary prisoner deaths, and poor oversight of contract agencies. You can find them here:

http://www.azleg.gov/alisStaticPages/HowToContactMember.asp

Arizona State Legislature
Capitol Complex
1700 West Washington
Phoenix, AZ 85007-2890

Also call on Governor Brewer's office to sack AZ Department of Corrections' Director Charles Ryan for this mess, and insist that a new director improve health care as a top priority - Ryan's DOC has only sought to grow prisons and the profits of folks like Corizon. 

Her contact info is here:

http://www.azgovernor.gov/Contact.asp

The Honorable Janice K. Brewer
Arizona Governor
Executive Tower
1700 West Washington Street
Phoenix, AZ 85007
(602) 542-4331

 

Thank you to CH 12/KPNX and Wendy Halloran, from the prisoners and the family members I've spoken to about Corizon and the AZ DOC's complicity in depriving state prisoners of the most basic things they need to survive - which begins with recognizing their humanity, as well as our own.

If you are the loved one of a prisoner of the AZ DOC who is suffering without care, contact Arizona Prison Watch. I will provide what resources I can to help - including a list of attorneys who have sued the state prison system and don't give me kickbacks for referrals (likewise, if you know of any good lawyers who may help other families, please let me know). I can be reached at:arizonaprisonwatch@gmail.com or 480-580-6807

Here are a couple of other blog posts that give concrete info about fighting the AZ DOC on medical issues.

http://azprisonsurvivors.blogspot.com/2013/03/corizon-and-az-doc-prisoners-families.html

http://www.arizonaprisonwatch.org/2013/05/corizons-deliberate-indifference.html

Please also contact KPNX/AZ Republic's parent company, to tell them we need more stories like the one below, because prisoners' lives matter. Cut and paste this email to reach them at connect@ad.gannett.com

 

-------------from CH12/KPNX-----------

Costs up, no improvement in prison healthcare quality

Wendy Halloran, 12 News | azcentral.com 

 10:50 p.m. MST August 1, 2014

First they refused to admit there's a dire problem. Now, after a 12 News investigation, the Arizona Department of Corrections is offering to settle up with inmates in a class-action lawsuit filed in 2012.

We first brought you the story of inmates not getting proper healthcare, even though taxpayers are footing the bill, in May. Our reporting revealed there were at least 16,000 delays in medical care to Arizona inmates in 2013.

So far, the only action taken has been imposing fines on Corizon, the company contracted to provide healthcare for inmates in the state.

HEALTHCARE RATE INCREASE 

The state has paid Corizon $130 million a year to provide healthcare for inmates. Arizona taxpayers have paid, on average, $348,000 per day.

In July, a rate increase went into effect, from $10.10 per inmate per day to $10.42, due to changes made by ADC. According to Corizon's contract, the increase is to pay for 34 more staff positions to hand out medications. This followed an ADC policy change regarding what medications inmates were allowed to self-administer after multiple suicides and overdoses.

So costs have gone up, but newly released records obtained by 12 News show the problems inside the state's prisons are getting worse.

ADC-employed monitors routinely document Corizon's performance in monthly reports known as MGARs. In our review of the new batch of reports covering November of last year through April, we found numerous cases of delay, lack of treatment, noncompliance with the terms of the contract, ADC monitors noting staff shortages, and lack of medication and psychiatric care for mentally ill prisoners.


THE STORY OF INMATE GLEN HUGGINS

On December 15, 2013, Glen Huggins had 72 hours left to live.

Huggins was serving a 12-year prison sentence on drug convictions at the state prison in Tucson. He had already served eight years when he suddenly became gravely ill.

In August of 2013 Huggins complained to prison staff in Tucson about abdominal pain. He filled out what is known as an HNR, a Health Needs Requests inmates are required to fill out to get medical care. He complained he had not been able to swallow his food and keep it down since June, and had been losing weight.

More than a week later, a nurse saw Huggins. His symptoms were documented but his case was deemed "not urgent."

At the end of August, a nurse practitioner saw Huggins and, thinking the pain was due to Hepatitis C and acid reflux, gave him an antacid.

"That wasn't doing anything," Huggins' son, Cody, told us. "Meanwhile he's still losing weight, he can't swallow."

Huggins' family provided 12 News his medical records, which show he had a family history of cancer.

We asked Dr. Palav Babaria, a primary-care physician in Oakland, California to review the documents and give her opinion on whether the family's allegations of delays in care were accurate.

Dr. Babaria has done work for the Prison Law Office, one of the plaintiffs in the class-action lawsuit against the Department of Corrections.

"For someone like Mr. Huggins, who had the medical history that he had, any complaints of not being able to swallow accompanied by profound weight loss he was talking about, I think any competent physician would have worried about cancer until proven otherwise," said Dr. Babaria.

On September 17, Huggins wrote in an HNR the antacids he was taking weren't working and his condition was getting worse.

In an October request, Huggins wrote a nurse had seen him eight times and an abdominal X-ray was normal, but still no doctor was assigned to examine him.

He filed more HNRs complaining of continued difficulty swallowing food and keeping food down. He wrote that the antacids were not helping with his pain.

Dr. Babaria says an abdominal X-ray was not an appropriate test.

"The two easiest ways of doing that are getting X-rays called a barium swallow, and see if liquid that shows up on the X-ray is passing or not, or just doing an endoscopy, going down with a camera to get a really good look and do biopsies," she said.

Dr. Babaria says, in Huggins' case, it seems that none of that was done when he first complained of the symptoms. Instead he was treated as if he only had acid reflux.

According to records obtained by 12 News, Huggins was just one of several inmates at the Tucson prison who suffered from a lack of medical care.

The Department of Corrections' own monitors documented long delays for inmates to be seen by outside specialists. Only nine patients out of 33 received urgent consultations in a timely manner. The requirement is that urgent consultations are done within 30 days, which goal Corizon met only 27% of the time.

A SON'S STRUGGLE 

Reading his father's HNRs was upsetting for Cody Huggins.

"You see a man that is just pleading for help and asking for help practically begging for help there at the end," he said.

According to Huggins' prison records, on October 23, 2013 a possible diagnosis of cancer is noted after a mass extending from Huggins' chest to his navel was discovered. This was made by the Corizon nurse practitioner.

Only then did Corizon approve sending Huggins to an outside hospital. The first time Huggins was seen by a doctor was when he arrived in the emergency room. According to Huggins' medical records, within an hour, he was diagnosed with Stage 4 esophageal cancer.

The cancer spread from his esophagus to other parts of his body. The doctors could not put a stint in to open up his esophagus because of the size of the tumor. Instead, they inserted a feeding tube in his stomach so he could get some nourishment.

His medical records show he lost almost 40 pounds in the months he kept requesting treatment and reporting problems.

On December 5, 2013 the Arizona Board of Executive Clemency recommended his sentence be commuted due to "imminent danger of death."

Gov. Jan Brewer signed a clemency order on December 11. Huggins was medically paroled the next day. His family took him home to die.

Huggins died on December 18, less than a week after his release.

Cody Huggins called it inhumane and hopes this doesn't happen to any other inmates or their families.

Dr. Babaria says the degree of suffering was preventable.

Now, Huggins' family plans to file suit against Corizon, accusing the healthcare provider of denying Huggins adequate and competent care.

Corizon denies any wrongdoing in Huggins' death. The company issued this statement:

"State and federal privacy laws forbid disclosure by Corizon of any identifiable patient medical information, let alone argument of factual claims regarding patient care in the news media. We can state that the allegations made by Ms. Halloran related to the patient's access to nursing staff and medical providers are not supported by the medical record. The inmate patient received timely, appropriate and professional care. The onset and advance of the patient's condition were unfortunately rapid and aggressive, just as they are often so among other similarly stricken patients. Allegations to the contrary are misleading and untruthful."

Cody Huggins struggles with his father's death. He thought his dad would be released from prison for the last time and they could rebuild their relationship and start a new one with Cody's young daughter.

Over the last two quarters, Corizon has been sanctioned by the state for a total of $71,000 based on its performance. An ADC spokesman emailed us this statement:

"The MGAR reports are valuable tools to document compliance with identified performance measures. Corrective action plans are implemented to hold Corizon accountable for those measures. ADC has imposed financial sanctions on Corizon as part of the company's contract with the state.

"As with any such contract, Corizon's agreement is subject to the state Procurement Code as well as adherence to the Department of Corrections Department Order 302, Contracts and Procurement, to ensure transparent, fair and equitable practices and has the approval of the Attorney General's Office and State Procurement Officer."

Meanwhile, the class-action lawsuit filed by the ACLU of Arizona, ACLU National Prison Project, and the Prison Law Office is scheduled to go to trial this October in Phoenix. It accuses the Department of Corrections of providing inadequate medical care, mental healthcare and dental care that has led to deaths.
Defending against the suit is private law firm Struck, Wieneke & Love PLC of Chandler. So far, billing records reveal taxpayers have paid this firm approximately $3.4 million to defend the Arizona Department of Corrections against the lawsuit.

Meanwhile, the Prison Law Office has confirmed via email that settlement talks are underway to avoid a trial, issuing the following statement:

"The AG's office filed a request seeking a settlement conference, and after preliminary discussions with the AG's office we agreed to that request. A court-supervised settlement conference is scheduled for August 5."

DEATH YARDS: Deliberate indifference pays, while prison healthcare deteriorates under Corizon.

(Edited November 6, 2013)

Thanks to the ACLU-AZ et al for their on-going labor of love with Parsons v Ryan. 

If you have questions or complaints about AZ Department of Corrections' prisoner health care, contact them at

ACLU-AZ

P.O. Box 17148
Phoenix, AZ 85011

And many thanks to Caroline Isaacs at the AFSC-Tucson for this report, below. 

If you have questions about privatization of prisons or of prison health care, stopping the new Supermax, or the state of solitary confinement in Arizona, contact Matt Lowen or Caroline Isaacs at 

AFSC-Tucson 

103 N Park Ave. Suite 111

Tucson, AZ  85719

520.623.9141

---------------------

CONTACT:

Caroline Isaacs : 520-256-4146 : cisaacs@afsc.org
Brett Abrams : 516-841-1105 : brett@fitzgibbonmedia.com

NEW Report: Prison Healthcare in AZ Worsens Under Private Prison Co. Corizon

AFSC-TUCSON Report

 HERE

50 Inmate Deaths in the First 8 Months of 2013

PHOENIX, ARIZONA — On Wednesday, November 6th, the American Friends Service Committee (AFSCAZ) and American Civil Liberties Union (ACLUAZ) will hold a press conference in front of the Arizona Department of Corrections Building to coincide with the release of a new report which documents that the same problems—delays and denials of care, lack of timely emergency treatment, failure to provide medication and medical devices, low staffing levels, failure to provide care and protection from infectious disease, denial of specialty care and referrals, and insufficient mental health treatment—have continued and, arguably, worsened under the current for-profit healthcare contractor, Corizon.

The American Friends Service Committee (AFSCAZ) and American Civil Liberties Union (ACLUAZ) are decrying the continued deterioration of the quality of medical care in the Arizona Department of Corrections (ADC).

In March of 2012, the ACLU filed a class action lawsuit against ADC, charging that prisoners in the custody of the Arizona Department of Corrections receive such grossly inadequate medical, mental health and dental care that they are in grave danger of suffering serious and preventable injury, amputation, disfigurement and even death. AFSC reports that there have been 50 deaths in Arizona Department of Corrections custody in just the first eight months of 2013. That is a dramatic increase from previous years. The Arizona Republic reported 37 deaths in 2011 and 2012 combined.

The report charges that the deficiencies in quality of care are not isolated to one or two locations or individual “bad actors,” but clearly represent system-wide dysfunction. The report contains 14 specific case studies to illustrate these issues, as well as extensive documentation of the administrative, organizational, economic and political factors that are contributing to the problem. This includes the process of privatization of medical care.

Delays and a reissue of the Request for Proposals (RFP) made the privatization process drag out for over two years. In the meantime, medical staffing levels plummeted and health care spending in prisons dropped by nearly $30 million. The departure of Wexford, followed by the award of the contract to Corizon created additional upheaval, delays, and changes in staff, procedures, and medications. The report concludes that contracting out the medical care at ADC has resulted in more bureaucracy, less communication, and increased healthcare risks for prisoners.

“The Arizona Department of Corrections needs to get its own house in order,” says report author Caroline Isaacs. “Arizona needs to stop wasting millions of taxpayers’ dollars on cancelled contracts and wrongful death lawsuits and take responsibility for correcting these problems.”

For more information, please contact Caroline Isaacs at 520.623.9141 or by email at cisaacs@afsc.org.

CLASS ACTION: 'Parsons v Ryan' - Medical neglect and suicide at the AZ DOC

Join us to support 14 prisoners suing Charles Ryan, Director of the Department of Corrections and Richard Pratt, Director of Health Services for gross negligence, deliberate indifference, and unconstitutional conditions of confinement. 

CLASS ACTION Memorial Mural
Friday, Jan 25, 7:30-9:30am 
Sandra Day O'Connor Federal Courthouse 
401 W. Washington St. PHOENIX

We will make a chalk mural outside the Sandra Day O'Connor court house in solidarity with these 14 prisoners who are fighting to change the criminal neglect of health care of Arizona prisoners. The mural will remember those who have been lost under this administration.

These are the stories of those still fighting for their lives:

Victor Parsons has ADHD and bipolar disorder. In June 2010, his medication was abruptly discontinued without explanation. When he began to experience psychotic symptoms, he submitted a request for treatment. His medication was restarted abruptly without titrating, placing him at high risk for severe side effects. When his tooth filling fell out, they gave him a temporary filing which fell out weeks later. Each time he was seen, he was given a temporary filing again, forcing him to restart the process.

Shawn Jensen had an elevated score on a Prostrate Antigen Test and a nodule on his prostrate in November 2006. The prison doctor ordered a prostrate biopsy in 2007, but Shawn did not receive the biopsy until 2009. By that time, he had Stage 2 prostrate cancer, an aggressive form. He experienced delays of two months in getting medication prescribed by his urologist. He was not taken for surgery until July 2010, and as a result, suffered permanent injuries.

Stephen Schwartz was assaulted by another inmate in February 2010. He suffered eye injuries and extensive facial fractures, but was not referred to an opthamologist until January 2011, almost a year later. He filed numerous health care grievances for his pain, but waited months to learn whether pain medications would be approved. He was also diagnosed with bipolar and major depressive disorder, but has received inadequate mental health care while on suicide watch.

Dustin Brislan has bipolar disorder, schizo-affective disorder, and borderline personality disorder, with a designation of SMI (Serious Mental Illness). He engages in severe self-injurious behavior, including cutting, head banging, and self-starvation. As a result of his mental illness, he experiences depression, hallucinations, sucidal ideation, and paranoia. Despite the severity of his condition, the Dpt of Corrections has failed to provide him with minimally adequate mental health care. He has had medications delayed, has not been regularly monitored by a psychiatrist, and has been on suicide watch for excessive lengths of time without adequate supervision, where he committed repeated acts of self-harm.

Sonia Rodriguez is also designated as SMI, and experiences depression, anxiety and hallucinations. The Dpt of Corrections has failed to provide therapeutic treatment and has kept her in cruel and inhumane confinement in Perryville's and on suicide watch. The harsh conditions and extreme isolation of the Special Management Unit (SMU) and on suicide watch. On multiple occasions, her medicine has been abruptly changed without explanation. As a result, she has severe side effects, including uncontrolled shaking, difficulty sleeping, and worsening of her mental health symptoms.

Christina Verduzco is diagnosed with paranoid schizophrenia, bipolar disorder, and borderline personality disorder. She experiences auditory and visual hallucinations, anxiety, paranoia, and self-harm by cutting herself. She is confined in Perryville SMU and placed on suicide watch on several occasions. While on suicide watch, Christina is forced to wear a smock that barely comes up to the top of her thighs. The lights are kept on 24 hours a day, and she is subjected to 'safety checks' every 10-30 minutes a day where correctional officers wake her if she is asleep. She has minimal human contact, cannot go outside, cannot brush her teeth or bathe regularly. Outside of suicide watch, her experience is similar: extended isolation, limited exercise, and limited therapeutic treatment. Christina has asthma, but has been pepper sprayed repeatedly by correctional officers. After being sprayed, she has been dragged out of her cell, hosed down, and thrown back into her cell.

Jackie Thomas is diagnosed with depression and seizure disorders. Although Jackie did not have suicidal ideation when he first arrived at the SMU, his mental and medical health conditions have deteriorated during his isolation in the SMU. He was placed on suicide watch many times, where he received minimal mental health care. He has experienced many failures of his medical treatment, including improper cessation and initiation of psychtropic medications, failure to administer prescribed medication, repeated use of ineffective medications with severe side effects, lack of informed consent, and long delays in follow up and psychiatric evaluation.

Jeremy Smith has depression, aggravated by interruptions in his mental health treatment and prolonged isolation in the SMU. His medications have been abruptly discontinued without explanation and restarted at inappropriate times and after lengthy delays. Jeremy has also been prescribed powerful medications not indicated for depression.

Robert Gamez suffered a childhood head injury and was diagnosed with borderline IQ, possible Post-Traumatic Stress Disorder, and possible frontal lobe dysfunction, symptoms of which include major depression, panic and anxiety. Although his symptoms are consistent with frontal lobe dysfunction, the Dpt of Corrections never conducted follow-up tests to confirm his diagnosis. He has experienced multiple interruptions in care, received improper medications, and was not given psychological services for his pronounced mental health deterioration during his prolonged isolation in SMU. In August 2009, Robert began experiencing intense paranoia, anxiety, panic, and psychosis, asking to be taken off his medication and out of isolation. Despite his severe condition, he was not seen for five months.

Maryanne Chisholm has been diagnosed with hypertension but was not referred to a cardiologist for eight months, despite experiencing chest pain and shortness of breath. She has bipolar disorder, Obsessive Compulsive Disorder, and depressive disorder. Maryanne has experienced significant delays in psychiatric care, medications, and follow-up, which has contributed to worsening symptoms. In April 2011, she had a nervous breakdown and requested an adjustment of medication; she was not seen for a month. Her mental health condition is exacerbated by guard harrassment. She has been subject to repeated and frequent room searches, and her art supplies, which she relies on to manage metal health symptoms, were confiscated.

Desiree Licci has a family and personal history of cancer. In 2010, she observed multiple masses growing on her breasts, mouth, and arms. In December 2010, Desiree requested testing. In April 2011, the prison doctor referred her to an oncologist. However, she was not seen for a CT scan until September 2011. In the interim, she began experiencing diarrhea, nausea, exhaustion, weight loss, and pain. Desiree did not receive an MRI until December 2011 and it was not properly administered. She had to submit a grievance and wait another month until a proper MRI was done, confirming multiple masses on both ovaries.

Joseph Hefner's vision rapidly deteriorated after a Dpt of Corrections nurse gave him expired eye drops. In 2006 and 2008, Joseph did not receive timely doctor-prescribed eye medication following eye surgery. Although he has submitted numerous health care requests for eye pain and his doctor has referred him to the opthamologist, he has been waiting to see an opthamologist for over three years.

Joshua Polson has been diagnosed with bipolar disorder, mood disorder, and psychosis. He has a family history of suicide and has attempted suicide three times. Nonetheless, he is in isolation, where he has minimal human contact, which results in increased suicidal ideation. He has experienced repeated gaps in his medication and sporadic monitoring of his medication levels. Additionally, he has chronic ear infections, and permanent hearing loss in his right ear following significant delays in care. After losing hearing in his right ear, Joshua submitted health care requests for pain in his left ear, but was not seen for over a month.

Charlotte Wells has a history of heart disease and high blood pressure and suffered a heart attack prior to being incarcerated. She arrived in custody complaining of chronic chest pains, and continued to experience dizziness and high blood pressure, but was not seen by a cardiologist until she was hospitalized for a blocked artery four months later. Charlotts was not seen by a doctor or returned to the hospital thereafter, despite her history and the high risk of heart attack following the placement of a stent. Additionally, Charlotte experienced broken fillings in two of her teeth in 2010. She complained of pain and requested fillings be repaired, but was told the only option was to have the teeth pulled, or wait months to have the filling approved. She did this, and endured pain for several months before her fillings were replaced; however, when she got the filling, the dentist cracked an adjacent tooth.

The hearing will be in Judge Neil Wake's courtroom at 3 pm. The mural will take place the morning of the hearing, at 7:30 - 9:30 am.

CCA Eloy: Transgender prisoner sues over sexual assault by guard

CORRECTIONS CORPORATION OF AMERICA:

Sadly, the following press release comes as little surprise...good for the ACLU-AZ for picking this case up and seeing the victim through - they've been busy with our state prisons of late, too.

For those who haven't been paying attention to all the glory and acclaim that Corrections Corporation of America (CCA) has brought to the prison town of Eloy, recall the lawsuits alleging torture of 18 Hawaiian prisoners, as well as the sexual assault of a prisoner by a guard (who was subsequently prosecuted). Then there are the problems with their California prisoners - and what happened in Idaho...

Needless to say, anyone thinking about having CCA move into their backyard (and take over their town council) should really think twice: their leadership clearly fails to set and demand professional - or even humane - standards of treatment for prisoners.

---from the American Civil Liberties Union----

ACLU of Arizona Files Lawsuit on Behalf of Transgender Woman Sexually Assaulted By CCA Guard

December 5, 2011

FOR IMMEDIATE RELEASE
CONTACT: (212) 549-2666; media@aclu.org

PHOENIX – The American Civil Liberties Union of Arizona today filed a lawsuit in federal court on behalf of a 28-year-old transgender woman who was intimidated, harassed, and sexually assaulted by a Corrections Corporation of America (CCA) guard while she was in immigration custody at the CCA-owned and operated Eloy Detention Center. CCA is the largest operator of immigration detention centers in the country and detains almost half of the 33,000 people in federal custody on any given day.

The lawsuit, filed against CCA, Immigration and Customs Enforcement (ICE) officials, and the City of Eloy, charges that local and federal officials failed to protect Tanya Guzman-Martinez from abusive male staff members at the facility in Eloy, even after being notified about the sexual attack and ongoing harassment by staff and other male detainees.

“Tanya left Mexico to seek refuge from the persecution she suffered because of her gender identity, and was exposed to even greater trauma at the hands of immigration officials who failed to take appropriate measures to protect her while she was in their custody,” said ACLU of Arizona Immigrant Rights Attorney Victoria Lopez.

During her 8-month detention at Eloy, one of the largest ICE facilities in the country, Guzman-Martinez was sexually assaulted twice. One incident occurred on December 7, 2009 and involved a detention officer who after repeated harassment, maliciously forced Guzman-Martinez to ingest his ejaculated semen and threatened to deport her back to Mexico if she did not comply with his demands. Guzman-Martinez immediately reported the assault to detention staff and the Eloy Police Department and the detention officer was later convicted in Pinal County Superior Court of attempted unlawful sexual contact.

Despite this attack, immigration officials did nothing to protect her from further abuse. In a separate incident that took place on April 23, 2010, Guzman-Martinez was sexually assaulted by a male detainee in the same all-male housing unit where she was subjected to the first assault. She didn’t report the assault to local police until about a week later because she feared retaliation by detention staff and other detainees. Soon after she reported the second assault to the police, Guzman-Martinez was released from ICE custody.

Although Guzman-Martinez was released from detention more than a year-and-a-half ago, she still suffers from the emotional pain she endured while at Eloy.

“When we tout our country as a beacon of freedom, fairness, and individual liberties for all, the United States, as well as state and local governments, and the people and entities with whom they routinely contract, must live up to those values, especially for those people who seek refuge in this country because of those values,” added ACLU of Arizona cooperating attorney Kirstin Story of the law firm of Lewis and Roca LLP. “Unfortunately, that did not occur in the Tanya Guzman-Martinez case and in many others. We hope that this lawsuit is a step toward remedying these failures.”

Today’s lawsuit alleges that CCA, Eloy, and ICE personnel failed to take basic steps to protect Guzman-Martinez’s physical safety and emotional well-being, to properly train and monitor the staff at the center or to implement best practices to house transgender detainees and prevent the sexual assault of vulnerable populations.

Incidents of sexual abuse in immigration detention, particularly among vulnerable women and LGBTQ detainees, are widespread, the ACLU said. In October, the ACLU of Texas filed a federal class-action lawsuit on behalf of three immigrant women who were sexually assaulted while in ICE custody at the T. Don Hutto Family Residential Center in Taylor, Texas. The lawsuit was filed following the release by the ACLU of government documents obtained through the Freedom of Information Act that confirmed 185 allegations of sexual abuse of immigration detainees jailed at detention facilities across the nation since 2007 alone. According to those documents, 16 allegations of sexual abuse were lodged in Arizona facilities – the third largest number of allegations after Texas and California. Of those 16 allegations in Arizona, 8 were from the Eloy Detention Center. In addition, the ACLU of Arizona documented five cases involving transgender or gay detainees who were sexually assaulted or treated in an abusive manner while in detention in Arizona facilities. The case examples are highlighted in the ACLU-AZ report entitled "In Their Own Words: Enduring Abuse in Arizona Immigration Detention Centers," which includes an entire section highlighting the array of problems confronting LGBTQ detainees.

Despite mounting documentation of widespread sexual abuse in immigration detention centers, the Department of Justice (DOJ) has proposed a rule that explicitly excludes immigration detention facilities from coverage under the Prison Rape Elimination Act (PREA). Congress enacted PREA to protect all persons in custody by setting standards for preventing, detecting, and responding to sexual abuse. “Without PREA's protection, immigrants in detention such as Tanya Guzman-Martinez, remain vulnerable to abuse,” added Lopez.

In response, the U.S. Congress will hold a briefing on December 7th titled: the Prison Rape Elimination Act and the Crisis of Sexual Abuse in Immigration Detention.

Lawyers on the case, Tanya Guzman-Martinez v. CCA, et al., include Daniel Pochoda, ACLU of Arizona Legal Director, and ACLU of Arizona Cooperating Attorneys Kristina N. Holmstrom and Kirstin A. Story of the law firm of Lewis and Roca LLP.

Click here to read the complaint.

The ACLU of Arizona’s detention report is available here.