PRIVATE CORRECTIONS INDUSTRY

NEWS BULLETIN
Vol. 1 - No.5

Reporting on Prison Privatization and Related Issues

October 1998

Widow of Slain Inmate Sues CCA
Bryson Chisley, 23, an inmate at
CCNs Northeast Ohio Correctional
Center in Youngstown, was stabbed
to death by two other prisoners due
to security lapses by CCA staff,
alleges Chisley's widow, India, in a
$110 million lawsuit filed against
the company on September 15.
For three months prior to her
husband"s death India Chisley had
tried to ensure his safety at the privately-operated facility. She \\Tote
letters to Ohio prison officials asking
them to move her husband to protective custody. She phoned CCA
staff at YoungstO\\11 so often that
they began transferring her calls to
voice mail. She telephoned CCA's
corporate office in Nashville. Her
husband had urged her not to give
up. "They act like they ain't trying
to respond to my request [to be
put in protective custody]," he wrote
shortly before he was murdered.
"Bryson Chisley and his wife
contacted every possible person they
could to alert the officials affiliated
and employed by CCA and the District of Columbia about the danger
that Bryson Chisley was facing," said

Erik D. Bolog, the attorney representing Ms. Chisley in her suit.
Bryson Chisley died on March
II after being stabbed over a dozen
times; he was in handcuffs and a
waist chain and could not defend
himself Chisley was slain in a highsecurity unit used to isolate dangerous offenders from other inmates
while being escorted to his cell by
CCA officers. According to police, a
guard who was present claimed he
was helpless to stop the killing.
Chisley's assailant, Alphonso
White, had conunitted two murders
outside of prison and three assaults
inside; he was serving a life sentence.
Four months previously Chisley and
White had fought and stabbed each
other. Following that incident CCA
officials issued separation orders to
keep them apart, but then assigned
them to the same cell block.
Chisley and four other inmates
were out of their cells in the segregation unit when the fatal attack
occurred. CCA regulations state that
"only one inmate/resident \\-ill be
allowed out of his/her cell at one
time." White allegedly smuggled a

homemade knife and handcuff key
out of his cell, using the latter to
remove his restraints. According to
CCA rules, "All inmates/residents
entering or exiting segregation will
be strip-searched." The murder weapon was never recovered.
"When you put predators with
their prey with no positive protection in place, people die, and Bryson
Chisley is dead," said Bolog.
Lawyers who represent inmates
in an unrelated lawsuit that alleges
unsafe conditions at Youngstown
previously had identified Alphonso
White as a dangerous predator who
should have been removed from
the prison. Another inmate, Richard
Johnson, who also had been cited
as a security threat, was involved in
Chislcy's death.
Chislcy's slaying was the second killing at the Youngstown facility in three weeks. Derrick Davis,
25, had been stabbed to death in
February; one of his attackers was
Richard Johnson. "1 feel sorry for
anyone who has a loved one at the
CCA facility. because thcy do not
know what they [continued¢]

© 1998 - P.C.I. News Bulletin, 3193-A Parthenon Avenue, Nashville, TN 37203

p.e.I. News Bulletin

ADMINISTRIVIA
The P.C.I. News Bulletin (PClNB) is
a monthly publication that reports on
prison privatization and related issues,
primarily within the United States.

Copyright
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Address
P.C/. News BIII/elin, 3193-A Parthenon
Avenue, Nashville, Tennessee 37203.

2

are doing," stated India Chisley.
Ms. Chisley claims in her lawsuit that CCA improperly housed
maximum-security prisoners at the
medium-security Youngstown prison, failed to adequately train its
employees, and neglected to follow
basic security procedures. She has
also sued the District of Columbia,
which had transferred her husband
to the privately-operated facility.
CCA and Washington, D.C. officials
declined to discuss the suit.
"Private prisons in America do
not work," said Erik Bolog. "Trying
to govcrn inmates while satisfying
shareholders by being cost effective
at the margin appears, at least in
this case, to be mutually exclusive."
Bryson Chisley was serving a 5-15
year sentence for drug distribution
and illegal firearms convictions. He
would have been eligible for parole
next year. 0
Sources: The Washington Ciry Paper
(DC), April 17-23, 1998; The Plain
Dealer (OH), April 27, 1998; The
Tennessean, September 16, 1998;
InReview, September 29, 1998.

Legal Stuff
The information presented in this publication is not intended to supplant the
services I advice of legal or correctionsrelated professionals. The editors of and
contributors to PClNB disclaim any liability, loss or risk, personal or otherwisc,
incurred as a direct or indirect consequence of the use and application of any of
the contents of this newsletter. So there.

WANTED
Articles, clippings and news reports
regarding the private corrections industry - please include the source
and date of all materials submitted.

October 1998

CCA Sued Over
Inmate's Death
The sister of an inmate killed
last year at the CCA-run Hardeman
Co. Correctional Facility in Whiteville, Tennessee has filed a federal
lawsuit against the private prison
company. Yvonne L. Helton, sister
of William Christian, is asking for
$100,000 in compensatory damages
and $1 million in punitive damages.
Christian, 36, was discovered
beatcn to death in his cell on Dec.
23, 1997; his ccllmatc, Paul Townsend, was charged with first-degree
murder. According to her lawsuit,
Helton accuscs CCA of confming
her brother with Tmmsend, a prisoner who had demonstrated "violent tendencies and many previous
attacks on fellow inmates."
Since being moved to a ma.ximum-security facility in Nashville
the day after Christian's body was
found, TO\'.1\send has rcceived disciplinary infractions for threc counts
of arson, four counts of destroying
state property, rcfusing orders from
staff, and possession of a deadly
weapon. 0
Source: The Jackson Sun (TN),
October 10, 1998.

NOTE: In addition to Ms. Chisley's
lawsuit CCA faces legal challenges
from Patricia Bowman, whose son
allegedly died due to medical neglect at a CCA-operated prison in
Tennessee (see PCINB, Sept. 1998):
from female prisoners in Oregon
who claim Ihey were sexually assaulted by guards at a CCA facililv in Arizona: and from juvenile
offenders in South Carolina who
allege abuse at a youth detention
center formerly managed by CCA.

Two Months Late
Georgia's first private prison, a $38
million facility operatcd by Cornell
Corrections, is ready to open after
two construction-related delays. Inmates from the Georgia DOC will
be movcd to the Charlton County
prison starting October 13. Source:
U.S.A. Today, Oct. 13, 1998.

p.e.l. News Bulletin

3

October 1998

TN Officials Backpedal on Prison Privatization
Following a recent series of
escapes, assaults and inmate disturbances at CCA-operated facilities
(seePCINB, Sept. 1998), Tennessee
lawmakers have distanced themselves from prison privatization.
Rep. Matt Kisber, a co-sponsor
of unsuccessful 1997 legislation to
privatize much of Tcnnessee's corrections system, indicated he may
not pursue the matter any further.
"At this point if s not something
I'm going to be involved in," he said.
Another co-sponsor of the 1997 bill,
Rep. Page Walley, also announced
that he might not be involved in
future privatization efforts, though
he noted that publicly-run prisons
have problems, too.
State Scn. Pete Springer was
critical of CCA 's policy of importing
prisoners from other jurisdictions.
Almost 1,000 convicts from other
states are incarcerated in privatelyoperated facilities in Tennessee including inmates from Wisconsin,
Hawaii, Montana, Indiana and the
Disbict of Columbia. "We have more
regulations on a gallon of milk than
on housing out-of-state prisoners,"
observed Springer.
CCA responded by saying the
senator had neither the correctional
expertise nor the standing in state
government to speak with authority
on the subject. "CCA would be wise
to provide answers instead of attacks
on legislators who were elected to
serve the public," Springer retorted.
Despite criticism from some
legislators, Gov. Sundquist said he
still supported privatizing the state's
corrections system. "I think there is
a better-than-average chance that we
will pursue prison privatization" next
year, he remarked during a press

In the News
conference in early September.
Just three weeks later, however,
apparently sensing shifting political
winds, Gov. Sundquist reversed his
position and announced he would
not pursue privatization during the
1999 legislative session. Although
declaring he favors the concept of
privately-run prisons, the governor
acknowledged that "unanswered
questions" have been raised about
the for-profit corrections industry.
Sundquist said he would appoint a
Prison Privatization Advisory Council to study cost savings, security
problems and other issues.
Some lawmakers criticized the
governor's announcement, claiming
he was deflecting attention from
prison privatization prior to the
November 3 gubernatorial election.
"He's tl)'ing to dodge the debate on
this particular issue," said Senator
Springer.
While opponents of for-profit
prison companies welcomed the step
back from attempts to privatize the
state's corrections system they noted
the subject will eventually resurface.
"We know this issue isn't dead," said
Linda McCarty, executive director
of the Tennessee State Employees
Association. "It will be pushed as
long as there are people who have
the ability to gain financially from it."
CCA spokeswoman Susan Hart
stated the company was \\illing to
work with the Advisory Council by
providing information. 0
Sources: The Tennessean, Sept. 1,
3, 9, 20, 24, 1998; The Jackson
Sun (TN), Sept. 3, 5, 19, 1998; The
KnOXVille News-Sentinel, Sept. 24,
1998: Commercial Appeal (TN),
September 19,24, 1998.

Iowa Governor Terry E. Branstad is
considering a privately-run prison
to house drunken drivers as a way
for the state to relieve overcrowding
in its corrections system. Source:
U.S.A. Today, Sept. 29, 1998.
The Iowa Dept. of Corrections has
transferred 100 women inmates to
a privately-run facility in Virginia
despite protests from their families.
State officials say the relocation is
necessary until more bed space is
available in Iowa prisons. Source:
US.A. Today, Sept. 24, 1998.
New Mexico voters are undecided
whether private companies should
run state prisons. A poll conducted
by the Albuquerque Journal found
42% favored privatization while
45% thought prisons should be operated by the state. Source: U.S.A.
Today. Sept. 29, 1998.
New Mexico prison officials have
sent around 20 guards and administrators to the newly-opened Lea
Co. Correctional Facility to conduct staff training. The Wackenhutoperated prison has had three stabbings in five days. Source: U.S.A.
Today. Sept. 2, 1998.
The Ohio Senate Judiciary Committee endorsed stricter regulations
for private prisons, including requirements that privately-operated
facilities meet the same standards
as state prisons and that they be
barred from housing inmates with
histories of violence. Source: U.S.A.
Today, Oct. t 5, 1998.

p.e.I. News Bulletin

Dateline Airs Report
on Private Prison
On Sunday, Oct. II, Dateline
NBC reported on the CCA-operated
Northeast Ohio Correctional Center
in Youngstown. The program included comments from fonner prison
employees and outraged community
members worried about their safety.
Dateline reporter Rob Stafford
described various adverse incidents
that have occurred at the facility
since it opened in May 1997 - including tear gassings, two murders,
at least 13 stabbings, and the escape
of six prisoners last July.
The program mentioned a report
issued by Ohio legislators on Oct.
7 that condemned both CCA and
the District of Columbia. The report
rebuked CCA for the July 25 breakout, finding that a CCA employee
may have assisted in the escape, the
facility did not have an adequate
number of guards on duty in the
area where the escape occurred, and
the perimeter fence had a faulty
motion detector. Lawmakers tenned
the escape the "ultimate failure in
the primary mission and public promise of any prison."
Youngstown Mayor George M.
McKelvey and Mahoning County
Sheriff Philip Chance sharply criticized CCA, and six fonner prison
employees provided details about
penny-pinching policies at the facility that resulted in security problems. CCA and Washington, D.C.
officials declined to be interviewed
by Dateline.
For a transcript or video of the
Dateline broadcast call 1-800-4202626.0
Sources: Dateline, Oct. 11, 1998~
The Tennessean, Oct. 10, 1998.

4

CCA Seeks California
Jail Contracts
Last May CCA took over the
200-bcd former city jail in San Diego,
and now expects to fill it with federal
immigration detainees by the end of
September under a contract with the
INS. The jail previously had been
operated by Wackcnhut. The company also is bidding to incarcerate
inmates at a vacant 900-bed county
jail in downtown San Diego.
CCA acquircd the two facilities
without advance contracts, although
that didn't worry company executives. "Clearly the need for INS and
U.S. Marshals Service beds is pretty
prevalent up and down the state,"
observed David Myers, president of
CCA's West Coast operations.
Kristine Marcy, an inunigration
official, agreed. "I wouldn't wOTl)'
about finding people to fill thosc
beds," she said. As a final piece of a
1996 immigration law the INS must
begin locking up thousands of deportable noncitizens.
Some local officials expressed
concern about the shortcomings of
prison privatization. Rich Robinson,
a deputy chief administrator for San
Diego County, noted that housing
high-risk prisoners at the jail would
be a problem area. "They're [CCAl
obviously going to have some questions to answer before we'd enter
into any agreement," he stated.
Fedcral officials concurred that
they would closely monitor any private prison contracts. "The Dcpt. of
Justice wants to always be careful
when it privatizes," said Marcy. "We
don't just walk away and stop paying attention." 0
Sources: San Diego Union-Tribune,
August 31, 1998: The Tennessean,
Octobcr 6, 1998.

October 1998

In the News
The Montana Dept. of Corrections
has transferred 13 more female inmates from the Montana Women's
Prison to a privately-run facility in
New Mexico due to overcrowding.
Source: U.S.A. Today, Oct. 7,1998.
Almost two dozen Hawaii inmates
serving time in Texas rent-a-jails
remain behind bars even though
they have made parole. Five of the
prisoners have been waiting to be
returned to their home state since
June; corrections officials say it is
more economical to send them baek
as a group. Source: U.S.A. Today,
October 2, 1998.

Other Private Corrections
Industry Resources
The Corrections and Criminal Justice
Coalition (CCJC), which represents
unionized government corrections
employees, strongly opposes prison
privatization. Address: 7700 leesburg Pike #421, Falls Church, VA
22043~ web site: www.ecjc.com.
The Prison Privatisation Report
International, a publication of the
non-profit Prison Refonn Trust, is
published tcn times a year. Highly
reconuncndcd! Subscription rates are
£25 for individuals, £50 for public
or non-profit agencies and £ I 00 for
corporations or businesses. Address:
Prison Rcfonn Trust, 15 Northburgh
Street. London EC IV OAH. Phone:
1+44-171-251-5070: e-mail: prisonreform@prisonrcform.dcmon.co.uk.

p.e.!. News Bulletin

5

October 1998

Inmate Fracas at
Private Facility

Hunger Strike at CCA
Detention Center

Four Escape from
CCA Prison

Approximately 100 inmates at
a privately-operated prison in San
Bernardino County, California were
involved in a fight on Oel. 1. Three
received minor injuries and were
taken to a hospital for treatment.
Dennis Wallace, an official at
thc Victor Valley Community Correctional Facility, downplayed the
incident. "A lot of [the prisoners]
were just spectators," he said. The
fire department and paramedics responded to the disturbance after receiving a 911 call from the prison.
In September a team from the
state Corrections Department visited
the facility to investigate allegations
that inmates were coerced into participating in the Seventh-day Adventist faith. According to former prison
employees. inmates who took part in
a special program that included Bible
study classes were given amenities
such as free cosmetic dental services
and access to large screen TVs.
The facility is operatcd by Maranatha Private Corrections. 0

An estimated 94 immigrants at
the CCA-operated Esmore Detention
Center in Elizabeth, New Jersey
went on a three-day hunger strike
that ended Oct. 2. Detainees at the
Esmorc facility are awaiting hearings
or appeals for political asylum.
The hunger strikers reportedly
were protesting INS restrictions that
kccp thcm locked up for lengthy
periods of time pending hearings.
They also protested conditions at
the CCA detention center, including
exorbitant phone rates and inadequate food leading to malnutrition.
CCA officials confincd all of the
detainees in their cells during the
hunger strike. One unidentified detainee managed to place a call to a
reporter for the New York Times;
INS officials agreed to meet with
the hunger strikcrs afier news of the
protest became public.
PCINB reported in July that
detainees at Esmore had been improperly restrained and involuntarily
scdated by CCA staff. 0

A quartet of inmates, including
one serving a life sentence, escaped
from CCA's South Central Correctional Center in Wayne County,
Tennessee on October 12. Donald
Wallace, William Caldbeck, Charles
Hayes and Benjamin D. Underwood
reportedly escaped through an opening cut in the facility's perimeter
fence during an afiemoon recreation
period, in broad daylight.
Dog teams, helicopters and fifty
law enforcement offieers are assisting in the search for the escapees.
Wallace, 56, was captured that
same day; as this issue of PCINB
goes to press the other escapees
arc still at large. All were mediumsecurity prisoners.
Security features at the South
Central prison include two I2-foot
fcnces topped with razor wire, an
electronic perimeter intrusion detection system, motion detectors, and
two perimeter patrol vehicles with
armed guards. 0

Sourec: San Francisco Chronicle,
October 3, 1998.

Source: Workers World, October 15,
1998.

Sources: Commercial Appeal (TN),
Oct. 14, 17, 1998; The Tennessean,
October 13, 15, 1998.

CCA Trims Texas Prison Contracts
CCA is scaling back its Texas
operations as the profitability of its
contracts with the state decreases.
The company informed Texas
officials last September that it plans
to terminate its contract to operate a
pre-release center in Liberty County:
CCA also lost a contract to manage
the Dawson state jail in Dallas, ,,,ill
not retain two additional contracts
afier they expire, and is "seriously

re-evaluating" whether to renew three
other contracts in 1999.
New performance guidelines enacted by the Texas Department of
Criminal Justice make private prisons
less lucrative to operate. "We've
driven the level of profitability down,
no question about it:- stated TDCJ
Executive Director Wa~ne Scott.
Five state jail contracts put up for
renewal on Sept. I attracted three

or fewer bids each. "It's not our intention to terminate all contracts ...
but we're looking at retaining those
that arc viable," said CCA special
projects director Laurie Shanblum.
CCA currently holds five private
prison contracts in Texas, down from
ten last August. 0
Source: The Tennessean, October 8,
1998.

p.e.I. News Bulletin

6

October 1998

Public Prison Employees Protest Privatization
UPDATES
Prompted by the death of Nick
Contreraz, 16, at the privately-run
Arizona Boys Ranch (sec peINB,
Aug. 1998), the California legislature passed a bill last August to
increase control over juvenile facilities in other jurisdictions. The bill
requires privately-operated camps
housing California youths to meet
state licensing standards. In related
news, five former ABR employees
were indicted in connection with
Nick's death. Sources: The Dallas
Morning News, August 27, 1998:
US.A. Today, October 2, 1998.
Officials in Mansfield, Texas say
they may have to sell the city's forprofit jail to a private prison company due to financial difficulties.
Oklahoma recalled its inmates from
the Mansfield facility on July 10
following disagreement over an inmate industry program (sce peINB,
July 1998). The 240-bed jail has
since lost about $300,000 in revenue. Source: The Fort Worth Star
Telegram, August 23, 1998.
The FBI has indicted three current
and former Brazoria Co. deputies on
charges stemming from videotaped
brutality at the county's rent-a-jail
when the facility was operated by
CCRI. Lester Arnold, Robert Percival and David Cisneros were charged with aiding and abetting the
assault of Missouri prisoner Toby
Hawthorne, who was kicked, bitten
by a guard dog and shocked with a
stun gun. Former CCRI jail guard
Wilton Wallace also was indicted
(see peINB, July 1998). Source:
Prison Legal News, Oct. 1998.

An estimated 200 correctional
officers from across the nation converged on the Nashville headquarters
of CCA on October 16 to protest the
trend toward prison privatization.
Brian Dawe, director of operations for Corrections USA, a nonprofit association, noted the Oct. 12
escape of four prisoners from the
CCA-operated South Central Correctional Center in Wayne County,
Tennessee served as a perfect backdrop to the rally. "Obviously they
can't keep control of their inmate
population, and that's the reason
we're here," he said.
Participating in the protest were
members of the Tennessee State
Employees Association, which had
successfully opposed legislation last
year to privatize up to 70% of the
state's corrections system. At that
time TSEA executive director Linda
McCarty stated that private prison
companies have "too much incentive
to cut comers that can result in jeopardizing security for workers as
well as public security."
CCA officials apparently were

unconcerned about the rally. "This
is not about CCA," stated Sharon
Johnson Rion, a consultant with the
company. "This is about a coalition
of union members ... that want to
establish a national union for correctional officers."
Rion said that representatives
from Corrections USA refused an
imitation by CCA C.E.O. Doctor
R. Crants to meet with company
executives. "They lie through their
teeth. We have nothing to meet with
him about," responded Dawe. CCA
has had a poor relationship with
public employees, who view privatization as a threat to their jobs.
CCA recently has experienced
a rash of embarrassing incidents and
negative pUblicity, and Tennessee
Gov. Don Sundquist, whose office
at the state capitol also was targeted
by protesting correctional officers,
announced last month that he would
appoint a committee to study prison
privatization-related issues. 0
Sources: The Tennessean, Oct. 15,
1998; Siale Gazette, Oct. 17,1998.

CCA's Finances Up, Stock Down
At the end of its second quarter
for 1998 CCA announced an 82%
increase in quarterly earnings - $21
million compared to last year's
second quarter earnings of $11.6
million. The company reported an
average occupancy in its facilities of
95%, charging an average $42.21 per
prisoner per diem.
But while revenues have risen
the company's stock has plummeted,

dropping 60% in value from a year
ago. CCA stock hit a low of $12Y2
a share in mid-October. An overall
economic slwnp and the company's
impending merger \\ith the affiliated
Prison Realty Trust contributed to
the stock drop. The merger, which
has angered shareholders, is expected to be completed in January. 0
Source: InReview, Sept. 29, 1998.