PRIVATE CORRECTIONS INDUSTRY

NEWS BULLETIN
Vol. 2 - No.5

Reporting on Prison Privatization and Related Issues

May 1999

FBI Investigates CCA-run INS Center
An immigrant detention center
in Elizabeth, New Jersey operated by
CCA is under investigation due to
alleged misconduct by company employees. Federal officials confinned
on April 13, 1999 that the U.S. Dept.
of Justice had requested the probe,
which is being conducted by the FBI.
The Elizabeth Detention Center has
been operated by CCA since 1997,
and holds asylum-seekers and other
immigrant detainees.
On January 28, 1999, Salah
Dafali, a detainee at the facility, was
beaten so badly that he required hospital treatment.
Kevin Simpson, who worked
as a transport officer for TransCor
America, Inc. - a CCA subsidiary
- said when he arrived at the
detention center to take Dafal i to the
hospital he noticed that Dafali's
clothes were bloody, his chin was
split open and a shoe imprint was
visible on his face. Simpson said
CCA guards told him Dafali had
injured himself by hitting his head
and face against the wall of his cell.
"I didn't believe it. I still don't. I
don't see how you can get a shoe
print on your face from a wall," he

said. Simpson was fired after he
allegedly refused to cooperate with
an internal investigation.
Oluwole Aboyade, a Nigerian
immigrant at the facility, has claimed
that CCA guards put him in an isolation cell after he organized a peaceful hunger strike in October 1998. He
said the cell was covered in feces
and urine; he was left there six days.
"These are some of the most
serious allegations of abuse we have
received about a detention center,"
said Andrew Painter, legal counsel to
the U.N. Office of the High Commissioner for Refugees in Washington, D.C. Ms. Lorelei Valverde, an
INS official, said videotaped footage
of incidents at the facility, taken by
CCA guards, has unrecorded gaps.
The agency is investigating whether
the missing video segments were intentional or accidental.
In April 1999 the Bergen Record, a local newspaper, published a
report about the CCA facility.
Among other findings the paper
reported that allegations of degrading
and abusive treatment by guards
dated back over a year; that two
senior CCA officials were removed

at the request of the INS; that
the turnover rate among guards is 3040%; and that CCA has been notified
of 18 contract violations since Jan.
1999. These problems occurred
despite the presence of seven INS
contract compliance officers at the
ACA-accredited facility.
CCA spokesperson Susan Hart
said an internal investigation by the
company found no evidence of
abuse. She confinned the recent
resignation of the warden at the
detention center, which she said was
due to personal and career-related
reasons. Since Feb. 1999 the chief of
security at the facility has been
removed, a guard has been fired, and
two supervisors and six officers have
been barred from having contact
with detainees. Three other guards
quit in April following an investigation into drug use.
PCINB reported last year that
detainees had been involuntarily sedated at the CCA-operated facility
(see PCINB, July 1998, pg. 2). 0
Sources: The Tennessean, April 14,
1999; The Jackson Sun, April 17,
1999; PPRl, April-May, 1999.

© 1999 - P .C.1. News Bulletin, 3193-A Parthenon Avenue, Nashville, TN 37203

p.e.!. News Bulletin

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

Copyright
PCINB is copyright 0 1999. Non-profit
organizations and individuals acting on
their behalf are granted pennission to
reprint or copy any materials included
in PCINB provided that source credit is
given and that such copies are for noncommercial pmposes only - all other
persons are required to obtain written
permission from PCINB before any reprints or copies legally can be made.
PCINB will happily and enthusiastically
pursue legal action against copyright
violators, and will provide a reward to
persons who report copyright violations
that result in successful litigation or
settlements, as determined by PClNB.

Address
P.C.I. News Bulletin, 3193-A Parthenon
Avenue, Nashville, Tennessee 37203.

Legal StutT
The infonnation presented in this publication is not intended to supplant the
services I advice of legal or correctionsrelated professionals. The editors of and
contributors to PCINB disclaim any liability, loss or risk. personal or otherwise,
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.

2

May 1999

Private Prison Companies Release Financial Reports
The nation's leading companies in the private corrections industry
have released their annual reports for
1998 andlor their rust quarter reports
for 1999.

Prison Realty Corp.
Prison Realty Corp., comprised
of Prison Management Services, Correctional Management Services and
Juvenile & Jail Facility Management
Services, all doing business as CCA,
reported revenue of $662 million in
1998, up 43.2% from 1997.
On May 5, 1999, the company
issued its first quarterly report since
the Jan. 1 merger between CCA and
Prison Realty Trust (see PCINB, Dec.
1998, pg. 7). Prison Realty Corp. announced first quarter earnings of $68
million with a net loss of $24.7 million, which included an $83.2 million
charge for converting the company's
tax status to a real estate investment
trust. Prison Realty plans to make a
$400 million debt offering in May.
As of April 5, 1999, CCA provided management services at 70 facilities with a combined capacity of
51,223 beds; Prison Realty owned 49
facilities, including II currently under
construction.

Wackenhut Corrections
As reported in the April issue
of PCINB, Wackenhut Corrections
Cmp., the nation's second largest private prison company, reported 1998
revenue of approximately $312 million - an increase of 51% over the
previous year. About 15% of the company's earnings came from international private prison contracts, mainly
in Australia and the U.K.
Wackenhut Corrections Corp.
reported 1999 rust quarter revenue of

$97.4 million, up 37% from the first
quarter of 1998, with $6.5 million in
quarterly net income. The company
announced May 7 that it had 29,151
revenue-producing beds with ten contracts under development for an additional 6,556 beds.

Cornell Corrections
Cornell Corrections reported
revenue of $123.1 million in 1998,
an increase of 76% from 1997, with
net income of $6.06 million. Twenty
percent of the company's earnings
came from contracts with the Federal
Bureau of Prisons.
Cornell operates 53 facilities
in twelve states and the District of
Columbia with a total capacity of
10,525 beds. As of Dec. 31,1998 the
company had 2,333 full time and 621
part time employees, of whom 150
staff members at two facilities were
represented by unions.

Correctional Services
Correctional Services Corp.
(CSC) reported $97.9 million in revenue for 1998, up 63.4% over the
previous year. However, the company
had a net loss of $6 million compared
with a $3 million profit in 1997. CSC
recently acquired Youth Services International, a company that specializes in juvenile justice services.
At the end of 1998, CSC was
operating 33 adult and juvenile facilities with a combined 9,471 beds, not
including four non-secure residential
facilities. As of March 30, 1999 the
company had 3,794 full time employees.O
Sources: Wackenhut Corp. press release, May 7,1999; The Tennessean,
May 6, 1999; PPRI, April-May 1999.

p.e.I. News Bulletin

Other Private Corrections
Industry Resources
Corrections and Criminal Justice
Coalition (CCJC), Route 2, Box
1144, Harpers Ferry, WV 25425
(888) 315-8784; www.ccjc.com.
A consortium of anti-privatization
corrections employees' unions.
Corrections USA (CUSA), P.O.
Box 394, Newton, NH 03858
(603) 382-9707; www.cusa.org.
A professional association of public corrections employees opposed
to prison privatization.
Prison Reform Trust, 15 Northburgh Street, 2nd Floor, London,
EC 1V OJR England; phone: 01144-171-251-5070; e-mail: prt@
prisonrefonn.demon.co.uk. Publishes
the Prison Privatisation Report Inl '/
(PPRl), which covers news about
the private corrections industry in
the U.S. and abroad.
Private Corrections Project, Center
for Studies in Criminology and
Law, Univ. of Florida, Gainesville,
FL 32611 (352) 392-1025; web
site: web.crim.ufl.edIpcp. Conducts
research into prison privatization.
Note that the Project receives funding from the private corrections industry, including Correctional Services Corp., the Bobby Ross Group
and Securicor New Century.
Reason Foundation, 3415 S. Sepulveda Blvd. #400, Los Angeles,
CA 90034 (310) 391-2245; www.
reason.org. A libertarian-oriented
think-tank that favors prison privatization. Note that the Foundation
has received funds from Securicor,
Wackenhut and U.S. Corrections.

3

May 1999

Private Prison Regulatory
Bills Rejected

Dual Disturbances at
CCA Prison

Last March, Tennessee state
Senator Pete Springer introduced 15
bills to regulate privately-run prisons
(see PCINB, March 1999, pg. 6). On
May 4, 1999, the Senate State and
Local Government Committee rejected seven of the bills that would have
barred or discouraged private prisons
from housing inmates from other jurisdictions.
Sen. Springer's proposed legislation to prohibit out-of-state prisoners from being housed in privately
operated facilities failed on a 3 to 5
vote, with six similar or related bills
also failing to pass.
Lt. Gov. John Wilder, Speaker
of the Senate, took the unusual step
of joining the committee as an exofficio member to argue against the
bills. Wilder, whose legislative district includes two CCA prisons that
hold approximately 1,800 out-or-state
inmates, co-sponsored unsuccessful
legislation in 1997 that would have
permitted up to 70% of Tennessee's
prison system to be privatized.
Wilder asked the committee to
"be as kind as you can" to the hundreds of corrections employees - his
constituents - who rely on CCA for
jobs. Senator Springer stated he still
strongly supports regulation of the
private prison industry, an issue he
used as a campaign platform.
"Because I know the people
who work at these [CCA] prisons and
because they're friends of mine, my
opinion is different from yours," said
Lt. Gov. Wilder. Nine other regulatory bills for private prisons are still
pending. 0

On April 27, 1999 guards at the
CCA-operated South Central Corr.
Center in Clifton, Tennessee had to
use pepper gas on prisoners who refused to return to their cells.
According to a report by the
Tenn. Department of Correction, the
incident started when officers responded to a call for assistance and
found a guard had been assaulted; he
received minor scrapes and bruises.
Around 200 prisoners on the recreation yard became unruly, breaking
windows in a recreation building and
refusing to disperse. CCA guards then
fired ten rounds of pepper gas to regain control of the situation.
CCA spokesperson Susan Hart
confIrmed reports of the disturbance
but said only some of the prisoners
were resisting; she stated she didn't
consider the incident to be "major,"
noting that the injuries and property
damage were minimal. "If we weren't
prepared to deal with it, it would have
been a lot worse," she said
Later the same day, 15-20 inmates holed up in a dayroom in one
of the housing units at the facility,
refusing to return to their cells and
covering the dayroom windows so
guards could not see inside. Warden
Kevin Myers convinced them to end
the six-hour standoff, which was resolved without force. Prison officials
do not believe the two disturbances
were related.
Tennessee Dept. of Correction
spokeswoman Pam Hobbins declined
to comment on the incidents until an
investigation was complete. 0

Source: CommerCial Appeal (TN),
May 5,1999.

Sources: The Tennessean, April 29,
30, 1999; The Jackson Sun, Apri129,
30,1999.

P. C.I. News Bulletin

4

May 1999

Study Suggests Privatizing Parole, Probation
In the News
The Davidson County, Tennessee
juvenile court will decide in August
on a new contract for management
of the Metro Juvenile Detention
Center in Nashville. The facility is
presently operated by CCA Source:
The Tennessean, April 26, 1999.
Cornell Corrections said it would
lobby the North Carolina legislature
to change a state law if the statute is
interpreted to prevent COWlties from
contracting with privately-operated
jails. The company hopes to build a
600-bed regional jail in BrWlSWick
CoWlty. Source: Fayetteville Observer Times (NC), April 4, 1999.
According to Idaho Corrections
Director James Spaulding the state
is contracting to house inmates at
a. CCA facility in New Mexico due
to prison overcrowding. In addition
to other out-of-state transfers, 200
Idaho inmates currently housed in
Texas will be moved to the New
Mexico facility. The contract with
CCA is expected to be finalized by
the end of April. Source: The Post
Register (10), April 1, 1999.

A study released last March
by a Wisconsin research organization
recommends privatizing parts of the
state's probation and parole systems.
George Mitchell, a consultant
who conducted the study, said Wisconsin's existing parole and probation practices are ineffective. The
state "must be willing to put its
probation and parole programs out
for competitive, performance-based
bids," he said.
Mitchell's study was produced

for the Wisconsin Policy Research
Institution, which is known for fimding research associated with conservative causes.
Wisconsin Corrections SecretBIy Jon Litscher agreed with some
of the study's findings but said the
department dido't believe the work of
parole and probation officers should
be privatized. Cl
Source: The Post-Crescent (WI)•
April 1, 1999.

Federal Halfway House Staff Face Charges
Six correctional staff members
at a federal halfway house in Miami
were indicted on corruption charges
in Oct. 1998; they were employed by
Spectrum Programs, Inc., a private
company that operates the facility
Wlder a contract with the Federal Bureau of Prisons.
The Spectnun employees are
accused of extorting and accepting
bribes from inmates for Wlauthorized
absences from the halfway house and
for falsifying drug test results. They

received tens of thousands of dollars
in payoffs, prosecutors claim.
One of the indicted staff members also was charged with having
sex with a female inmate, and two
others allegedly beat a prisoner in an
attempt to collect a bribe. Four of the
Spectrum employees have pleaded
guilty to conspiracy charges; two are
awaiting trial. Cl
Sources: Prison Legal News, April
1999; Reader's Digest, April 1999.

Cornell Not to Hire Additional Ex-Felons
Correctional Services Corp. will
not renew its contract to operate
the Bayamon Detention Center in
Puerto Rico. The company stated it
had reached a mutual agreement
with the Administration of Juvenile
Institutions on Feb. 23, 1999 not to
renew the contract - the same day
that armed detainees at the facility
rioted and held staff members hostage (see PCINB, April 1999, pg. 5).
Source: PPRl, April-May 1999.

Cornell Corrections no longer
will hire convicted felons to work at
the company's Youth Development
Program in Santa Fe County, New
Mexico. However, three officers already employed at the facility who
have prior felony records will be allowed to keep their jobs.
The policy change follows allegations that a 15-year-old girl was
molested at the Cornell facility by
a guard with a criminal record; the

guard has since been fired. Employee
background checks conducted by the
company were not forwarded to the
Sheriff's Department for review.
Peter Looker, director of the
Cornell facility, has acknowledged
that hiring convicted felons was an
incorrect interpretation of the company's contract with the county. Cl
Sources: USA Today. May 3, 1999;
Albuquerque Joumal, May 2. 1999.

p.e.!. News Bulletin

5

May 1999

Prison Realty Board Member Settles Ethics Charges

In the News
Bakersfield, California-based Maranatha Private Corrections has offered to construct and operate a
2,OOO-bed prison on 150 acres of
land in Honolulu, Hawaii. Source:
USA Today, April 21, 1999.
The Miami-Dade state attorney's
office and U.S. attorney's office are
investigating a privately-operated
Florida juvenile facility. In July
1998, two youths who tried to escape from the Hurricane Conservation Corps program were forced
to lie on a nest of red ants; they
suffered hundreds of bites. Juveniles at the facility claim that weaker
boys were targeted for group beatings and forced to perfonn mock
sex acts. Four guards were fired and
one was suspended. At the time,
the program was operated by Gator
Human Services; it has since been
acquired by Youth Track. Source:
Associated Press, undated.
The Colorado chapter of the ACLU
has filed a federal lawsuit on behalf
of a female prisoner who says she
was sexually assaulted by a guard
employed by TransCor America,
Inc. The assault allegedly occurred
when she was shackled in a van
while being transported from Texas
to a Colorado prison in March '98.
According to Mark Silverstein of
the ACLU, at least two other lawsuits have been filed in Colorado
in which female inmates claim they
were sexually assaulted by TransCor officers. TransCor is a subsidiary of CCA. Source: PPRI, AprilMay, 1999.

Prof. Charles W. Thomas, dir- disregard of his public duty. In other
ector of the Private Corrections Pr0- words, [he] could be tempted to alter
ject at the University of Florida and the results of his research in an effort
a board member of Prison Realty to maintain or increase his private
Corp., has long been criticized for economic benefit"
his close COlUlections with the private
Thomas's supporters say there
prison companies he researches (see is no evidence that his research dirPCINB, Dec. 1998, pg. 6; Feb. 1999, ectly influenced prison privatizationpg.6).
related decisions by lawmakers, even
On April 16, Thomas agreed to though his work has been relied on
settle ethics complaints filed against in several states, including Ohio and
him by the Florida Police Benevolent Tennessee. Thomas also has worked
Association, a union that represents closely with Florida's Correctional
state corrections employees. In light Privatization Commission, and his
of a $3 million fee he received for ad- reports about the private corrections
vising CCA on its merger with Prison industry have been widely used by
Realty, Thomas acknowledged that stock analysts.
Under the settlement agreement
his business dealings with private
prison operators could create the im- with Florida's Commission on Ethics,
Thomas will pay a $2,000 fine and
pression of a conflict of interest.
resign
as director of the Private CorAccording to Eric Scott of the
Florida Attorney General's Office, rections Project He will maintain his
Thomas's "contractual relationships board position with Prison Realty and
with [prison Realty Corp.] created a does not admit any wrongdoing.
The Commission on Ethics will
situation which could tempt dishonor.
Because the results of [his] research vote on the proposed settlement on
June 3.0
can have such a profound effect on
the private prison industry, [he] is in
a position where his private economic Sources: The Palm Beach Post, April
interests and his public duty overlap . 30, 1999; The Tennessean, April 27,
in a m8lUler which could lead to a 1999; PPRl, April-May 1999.

Former Guards Win, Lose at Trial
The trial of three former guards
at the privately-run Tallulah Correctional Center for Youth in Madison
Parish, Louisiana has resulted in one
conviction and two acquittals.
On April 2, 1999, Darin Lee
Gray was found guilty of violating
the civil rights of a juvenile offender;
the charge stemmed from a Jan. 1997
incident in which three youths said
they were beaten at the facility, then

operated by TransAmerican Development Associates. Fonner guards Phil
White and Brian Blockwood were acquitted of similar charges.
Correctional Services Corp. assumed management of the Tallulah
facility last December (PCINB, Jan.
1999, pg. 4). 0
Source: The TimeS-Picayune (LA),
April 3, 1999.

p.e.!. News Bulletin

6

May 1999

Riot at Wackenhut Prison Rooted in Religious Rights
Last month, in an "In the
News" brief, PCINB reported a
disturbance at the Wackenhutoperated Lea Co. Correctional
Facility in Hobbs, New Mexico.
Thirteen guards, including two state
employees, and one inmate were
injured during the April 6 riot, which
was the latest in a series of violent
incidents that have occurred at the
prison over the past year (see
PCINB, March 1999, pg. 6).
Hundreds of state and local law
enforcement officers responded to
the riot; according to Wackenhut's
contract, the company will have to
reimburse the state for the cost of
assistance from public agencies.
New Mexico Corrections Department spokesman Mike Toms said
the disturbance started as an argument between prisoners and guards
over items used in Native American
religious services. Several months

before the riot, a group of Native
American inmates at the facility had
complained that they were being
prevented from conducting religious
ceremonies. The group - the Red
Nation Indian Society - submitted
the complaint to the corrections department in an undated letter signed
by approximately 40 prisoners.
The Lea County Corr. Facility
holds the largest number of Native
American inmates of New Mexico's
state prisons, with about 60 taking
part in religious services. The
inmates stated in their complaint that
they were unable to use a ceremonial
sweat lodge they had built because
Wackenhut would not provide a
sufficient amount offirewood. Toms
said the complaints were investigated
and the prison was found to be in
compliance with applicable
requirements.
Wackenhut spokesperson Pat

Cannan said he wasn't familiar with
the letter of complaint from the Red
Nation Indian Society, but acknowledged that Native American inmates
at the prison had filed several grievances prior to the riot. "Staff reacted
to those grievances," he stated. "As
far as we're concerned, they've been
looked into."
Mark Donatelli, a lawyer and
inmate advocate, said he continues
to receive complaints from Native
American prisoners, including allegations that excessive force is being
used against inmates.
A union representing guards at
the Hobbs facility has filed a complaint that alleges unsafe work
conditions; at least 15 employees
quit after the April 6 riot. 0
Sources: The New Mexican, April
20, 1999; USA Today, April 9, 1999.

Controversy, Criticism Accompany Private Prison Contracts
PCINB reported last month in
an "In the News" brief that the city
council in Delta Junction, Alaska had
reached an agreement with Allvest,
Inc. to build and operate a prison at
Fort Greely.
The project has since become
embroiled in controversy, with seven
Delta Junction residents filing a lawsuit to block construction of the private prison, saying the contract is in
violation of state law because it was
not competitively bid. The city had
contracted with the Delta
Corrections Group, a joint venture
between All-vest, Inc. and Cornell
Corrections.
State lawmakers are now scrutinizing a bill that authorizes prison

privatization; a clause in the legislation exempts local governments
from competitive bids on projects
designed and built by a single
contractor.
In Michigan. Wackenhut plans
to open a 450-bedjuvenile facility at
Baldwin in one of the state's poorest
counties. The facility is expected to
employ 200 people - guards will be
paid $10.29 per hour, about $3 per
hour less than comparable public employees. Some community members
have opposed the project, questioning the pol itical approval process and
claims of economic benefits.
In January 1999, the Texson
Management Group opened a 192bed prison in La Villa, Texas. The

city manager said a prison was not
his first choice for an industry in the
impoverished area, but reportedly remarked, "what else can we get?"
And in April, Cornell Corrections was awarded a $342.7 million
contract with the Federal Bureau of
Prisons to build and operate a 1,000bed facility. The Pennsylvania state
Correctional Officers Association,
the Association of Federal Government Employees, Corrections USA
and local community members are
fighting Cornell's plans to locate the
prison in Phillipsburg, Pennsylvania.

o
Sources: USA Today, May 3, 1999;
PPRI, April-May 1999.

p.e.!. News Bulletin

7

May 1999

Follow-up on Riot at Correctional Services Facility
A March 5, 1999 riot at a Correctional Services Corp. (CSC) prison
in Olney Springs, Colorado has drawn
criticism from state officials (PCINB,
March 1999, pg. 5).
Four inmates were injured by
rubber bullets, an officer suffered a
fractured jaw, and hundreds of prisoners were gassed by CSC employees
during the disturbance at the Crowley
County Corr. Facility. The privatelyoperated prison held about 100 inmates from Wyoming, 250 prisoners
from Washington and 400 Colorado
inmates when the riot occurred.
Riot-control squads from state
prisons in Limon, Pueblo, Ordway
and Canon City responded to requests for assistance from CSC staff.
"Indications are the staff was not as
well trained as it could have been,"
stated John Suthers, director of the

UPDATE
The settlement of a class-action lawsuit brought by inmates at the CCAoperated Northeast Ohio Correctional
Center in Youngstown, including a
$1.65 million payment to the inmate
plaintiffs, was approved by U.S. District Judge Dan A. Polster on April
20 (see PCINB, March 1999, pg. 1).
Judge Polster said the settlement was
"fair, adequate and responsible and
in the public's interest" CCA lawyer
Dan Struck reminded the judge that
the company was not admitting liability by agreeing to the settlement.
The city of Youngstown entered into
a related contractual agreement with
CCA on April 19. Sources: The Vindicator (OH), April 20, 21, 1999.

Colorado Dept. of Corrections.
Inmates gained control of two
cell blocks during the riot; they destroyed property, attempted to set fires
and flooded the area. Deputy warden
Dick Marr estimated damage to the
facility at $10,000. A spokesperson
for the Department of Corrections
said CSC likely will be billed for the
cost of the state response teams.
Within a month after the Olney
Springs prison opened last fall there
was a two-day lockdown, problem inmates were transferred elsewhere and
two employees were fired and three
quit. Warden Mark McKinna said at
the time that about 70% of the guards
at the prison didn't have prior corrections experience. The facility has
had a 25% staff turnover rate.
Following the March 6 riot,
Colorado announced it was removing

100 of its inmates from the facility
to give esc time to reorganize. Wyoming officials said they were "very
concerned about what happened" but
had not decided whether to withdraw
their prisoners. A planned transfer of
300-400 Washington inmates to the
Olney Springs prison, scheduled for
late April, was put on hold pending a
review of policy changes requested
by state officials.
Colorado prison director John
Suthers said the riot may have had
"a silver lining, because it allowed us
to take a look at some things and be
a bit more circumspect" The Dept
of Corrections has refused to make
public a report regarding the riot, citing security concerns. 0

Sources: The Denver Post, April 13,
27, March 16, 1999.

CCA Employee Rehire Rulings Reversed
Two rulings by the city Human
Relations Commission in Youngstown, Ohio, requiring CCA to rehire
fued employees, have been reversed
by Mahoning County Common Pleas
Court magistrate Joseph R. Bryan.
In one of the ·cases, the commission had ordered CCA to rehire
and back-pay Joseph Clark, Jr., a
former officer at the CCA-operated
Northeast Ohio Corr. Center. Clark
was fired after admitting he had used
crack cocaine; he argued that his addiction was covered by the Americans
with Disabilities Act.
The commission also had ordered CCA to rehire Victor Douglas,
a former training manager at the prison who was fIred for making a sex-

ual remark about a female co-worker.
Douglas, who is black, contended his
firing was racially motivated.
Human Relations Commission
executive director William M. Carter
criticized the magistrate's decisions
overturning the commission's rehire
orders. "It seems CCA has found a
partner," he said. The city intends to
file objections to magistrate Bryan's
rulings.
The commission has reviewed
dozens of CCA employee complaints
since the Northeast Ohio Corr. Center
opened in 1997, and is considering
trying to recover costs from CCA. 0
Sources: The Vindicator (OR), April
2,14,1999.

p.e.I. News Bulletin

CMS Settles Lawsuits
Correctional Medical Services
(CMS), the country's largest prison
health care provider, has reached settlements in lawsuits involving the
deaths or injuries of ten Alabama inmates. The monetary amounts of the
settlements were not disclosed.
The lawsuits resulted from a
Dec. 1995 incident at the St. Clair
Corr. Facility near St Clair Springs,
Alabama, in which a CMS subcontractor allegedly used an incorrect
chemical in a kidney dialysis machine. Inmate Lorenzo Ingram, Sr. died
several days after receiving the dialysis treatment. Three prisoners King Casby, Bobby Dancy and Walter Williams, Jr. - died within ten
months ofthe treatment, and six other
inmates claimed they were injured.
CMS settled the case involving
Ingram's death in March 1998, and
resolved medical malpractice claims
involving the other nine prisoners in
Jan. 1999. According to a statement
from CMS, the company settled the
lawsuits due to "the expenses associated with participating in a trial and
the fact that legal proceedings would
divert CMS health care professionals
from their primary mission [of] providing quality health care services to
patients."
The CMS subcontractor responsible for the faulty dialysis treatment, Southeast Dialysis ofWaynesboro, Georgia, filed for bankruptcy.
Southeast Dialysis and CMS employees were accused in the lawsuits of
failing to notice the inmates' symptoms following the faulty treatment,
ignoring their complaints, and delaying sending them to a hospital. 0
Source: The St. Louis Post-Dispatch
(MO), April 4, 1999.

8 .

May 1999

Monitor's Report Criticizes CCA Facility
In a report released last April,
a court-appointed monitor found that
hundreds of Alaskan prisoners held
at the CCA-run Central Arizona Detention Center were subjected to mistreatment and poor conditions.
The report, by John Hagar, a
San Francisco attorney appointed by
Alaska's Superior Court, stated that
the CCA prison had had severe food
problems for several years. Hagar
further reported that inmates' phone
conversations with their lawyers were
recorded in violation of a court order,
that the facility's telephone system
was so complicated that inmates had
difficulty making calls to their families, and that CCA employees did not
appropriately respond to some emergency situations.
In the last regard, in one videotaped incident at the facility, guards
used broom handles to remove prisoners from their cells. In a separate
incident, also videotaped, a CCA officer used pepper spray on an inmate

after the inmate had been restrained
and subdued.
Hagar visited the Arizona facility in Feb. 1999 and said conditions
had improved since his previous inspection. However, he noted in a separate report that the FBI is investigating allegations of excessive use of
force by CCA staff.
Scott Taylor, an inmate's rights
attorney in Alaska, said he was not
surprised about reported conditions
at the private prison. "They have such
a rapid tmnover with staff .... And
new poorIy.tfained guards pose a danger to inmates," he stated.
The Alaska corrections department filed a rebuttal to Hagar's report
in Superior Court on May 4, 1999,
claiming that his criticisms consisted
"primarily of conclusions and opinions." Alaska pays CCA about 51.5
million per month to house 860 inmates at the Arizona facility. 0
Source: PPRI, April-May 1999.

Incidents at Private Prison Not Reported
The Tennessee Department of
Correction (TDOC) has submitted a
written warning to the CCA-operated
Hardeman County Corr. Facility for
repeated failures to report incidents
involving violence. The prison houses
Tennessee inmates and is required to
report such incidents pursuant to its
contract with the state.
The facility reportedly did not
notify the TDOC of a Jan. 17, 1999
incident in which prisoners assaulted
a guard, who required facial surgery
for his injuries, or ofa Jan. 21, 1999
brawl involving construction workers
and prison maintenance staff that left

three people in need of medical treat-

ment.
In a letter dated Feb. 11, 1999,
TDOC Commissioner Donal Campbell advised that failure to report the
incidents constituted a breach of contact, and that "future breaches of this
nature ... may result in the assessment
of liquidated damages without notice
and opportunity to cure."
The Hardeman County Corr.
Facility is owned by a county agency,
which has contracted with CCA to
operate the prison. 0

Source: PPRI, April-May 1999.