Corizon Deaths in Custody: Suicide of John Kahler, 51.

Another suicide, this one at ASPC-Tucson/Cimarron (a pretty rough yard, by all accounts). All I can tell you about John Kahler is that while he was being held in the county jail, pending trial, he was deemed incompetent to aid in his defense ( I suspect he was symptomatic when he committed his crime, and should maybe not even have been prosecuted...). Within days of being found competent, he pled guilty to get the hell out of the Maricopa County jail - and got placed on mental health probation. It appears he planned to do his four years in Montana, but he apparently violated his probation within a short period of time, pleading guilty during a "group advisement" - he was immediately sent to prison by Commissioner J. Justin McGuire, it appears, no discussion. 

How sad they couldn't give him another chance. That 5 year prison stint became a death sentence, as John was only in the custody of the AZ DOC less than 2 months before killing himself...and based on all the mail and calls I get about Corizon's poor mental health care, I'd bet they weren't treating his mental illness appropriately. He must have felt terribly alone, if his family was back in Montana.

Condolences to John's loved ones. If anyone knows anything more about his life or death, please contact me. I am Peggy Plews at arizonaprisonwatch@gmail.com

john kahler, 51

ARIZONA DEPARTMENT OF CORRECTIONS

1601 W. JEFFERSON PHOENIX, ARIZONA 85007 (602) 542-3133 www.azcorrections.gov

JANICE K. BREWER GOVERNOR

CHARLES L. RYAN DIRECTOR

NEWS RELEASE For Immediate Release

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

Friday, September 05, 2014

Inmate Death Notification

TUCSON (Friday, September 05, 2014) – An inmate at the Tucson prison complex has died as the result of an apparent suicide.

51 year-old John Kahler, ADC# 292841, was found unresponsive in his housing location at approximately 8:50 AM.  Officers immediately responded and began lifesaving measures which were continued by paramedics.  Kahler was later pronounced deceased at a local hospital.

Kahler was serving a five year sentence out of Maricopa County on a conviction for arson of an occupied structure, and had been in ADC custody since July, 2014.

All deaths are investigated in consultation with the county medical examiner’s office.

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."

ASPC-Eyman Suicide in Custody: Mark Moore, 57.

Sad to report there's been another suicide in the AZ DOC's supermax prison, ASPC-Eyman; that prison is a death trap for people prone to self-destruction. This one isn't the usual prisoner suicide, though - which has been male, young and facing life, on death row, or just about to be free, for the most part these past 5 years. This fellow had been at the AZ DOC since 1986, had a decent job, was only medium custody (which meant he had more privileges and programming opportunities then most guys I hear from have), and he apparently hadn't had any disciplinary write-ups in over a year. Yeah, he was in for life, but he'd made some kind of life in there and adapted to it...look at his work record.

Latest Supermax suicide victim, 

Mark Moore, 57

The only clue to something changing I can see on his AIMS, which is public info on the DOC website, is that he had just been re-classed a week ago, likely to a lower  custody level. Based on letters I've gotten from other prisoners who were old-timers being re-classed, its possible he was told he'd be moved to another General Population yard, despite his apprehensions about being there given his history as a sex offender. But, given his history as a sex offender, I doubt the DOC would put him back in GP. I think they would be prohibited from it, in fact....except that that's not what he was doing time for, this time around. So they may well have told him he was not getting protective custody and would have to make it in GP. That probably kills more guys than any other single thing at the AZ DOC.

Given the possibility that he was already in Protective Custody and remaining there, though,  I wondered what else might have been going on to cause him to take his life. He didn't appear to be severely mentally ill, based on his steady employment history as a barber (they don't like giving the SMI guys scissors). Maybe he got a terminal diagnosis he couldn't deal with, or was sexually assaulted and the DOC didn't appropriately counsel him (all too often the case, the victim is put in the hole while the perpetrator remains free on the yard. The victim is then repeatedly humiliated by officers, especially those victims who are known to be gay, and moved from GP yard to GP Yard while begging to be placed in protective custody....). Both Jesse Cabonias and Duron Cunningham committed suicide in the wake of no or poor institutional response to their sexual victimization - those are just the two I know about, anyway.

The standard psychiatric evaluations offered to Eyman prisoners by Corizon leave a lot to be desired, as you can see here. Basically, the medium security folks are rounded up, chained to each other, and transported to a maximum security yard where they are then herded into a room together to have their telephonic appointment with the shrink. Reports from prisoners are that these meetings have been held while they were  still chained to other prisoners - the DOC flatly denies this. In any case, the prisoners only get a few minutes of doctor time and the experience they have to endure for the sake of it has discouraged many from seeking psychiatric care or continuing with treatment.

In order to maximize profits - which is what the legislature wanted DOC to hire them to do, to make a profit at taxpayer and prisoner expense -  Corizon has slashed staff time available to ill prisoners, and discontinued many psychiatric medications switching prisoners who were functioning well on one drug to older, less effective meds with more severe side effect profiles, which many prisoners understandably no longer wish to take. These are the drugs that pharmaceutical companies typically sell extremely cheap in developing countries for institutionalized people, because hardly anyone in the US uses them anymore due to the side effect profiles - some - even at low doses, can cause high rates of Tardive Dyskinesia, a serious neurological syndrome. Here, in fact, is another letter of concern from Donna Hamm to the DOC Director, Chuck Ryan, about psychiatric and health care at Eyman under Corizon.

Similarly, to save money, Corizon discontinued a good many prisoners, if not all, from their pain management medications when they took over the medical care contract. Even many of those who managed to get their doctor to start them on another medication found they were ineffective for the diabetic neuropathy, or back pain, or bone cancer they were dealing with, and felt compelled to resort to heroin for pain management instead - far easier to get on a prison yard these days than a single tablet of Tylenol 3. Some, facing unbearable pain, day in and day out, with no compassion or relief from medical providers who would just as soon let them die in agony, might even choose to end their lives themselves, the one thing they have ultimate control over when all else is controlled by the state.

Not all DOC medical staff are heartless or gutless, though - at least Teresa Short walked away and came forward about the ethical dilemmas she experienced at Corizon over the past year, working in the intensive care unit at Tucson prison. And some legislators wonder why there's a class action suit complaining about the "free" medical care prisoners are so lucky to get - they think the ACLU has nothing better to do. The legislature's willingness to turn a blind eye is a large part of the problem at the AZ DOC

Anyway, my condolences go out to anyone who cared about this man - as well as to the survivors of his murder victim, for whom his suicide will bring up a lot of feelings, I would imagine. If anyone has any hard info about how and why he killed himself, I'm Peggy Plews - contact me at 480-580-6807 / arizonaprisonwatch@gmail.com or PO box 20494 PHX 85036.

Parsons v Ryan: Deliberate indifference finally killed Benny Joe.

I got an email last night letting me know that Benny Joe Roseland passed away yesterday. The DOC hasn't had a chance to post the notice yet; I'll just link to it when they do. I never did hear back from Benny a second time; I think he was already pretty sick when he narrated his story to his fellow prisoner.

 Let's honor Benny Joe's dying wish that his story is used to help his fellow prisoners; that his own suffering isn't in vain. To those of you who missed it, the American Friends Service Committee in Tucson (AFSC-Tucson) just released a report about the deliberate indifference and gross neglect prisoners like Benny Joe have endured at the hands of the AZ DOC. Please download DEATH YARDS, then send it to your legislator with a request that they take responsibility for this mess, since they're the ones who ordered DOC to privatize the health care in the first place, instead of ordering Ryan to improve it. Parsons v Ryan and the cruel cost-cutting measures we've seen with Corizon are as much their fault as anyone else's.

Thanks for thinking of your fellow human beings on your way out, Benny Joe. May you finally rest in peace.