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AmericaMart
Atlanta, Georgia
Aramark
August 27, 2002
An argument between two employees led to the stabbing death of a man at
AmericaMart on Thursday, police said. the body was discovered about 6 p.m.
in a restroom at the exhibition facility on 250 Spring St. The 53-year old
man, whose name was not released, had been stabbed multiple times. Atlanta
police Sgt. John Quigley said the death resulted from a dispute between
employees. James L. Shaw, 37, of Atlanta was charged with murder in the
incident. (The Atlanta-Journal Constitution)
Atlanta Public Schools
Aramark
July 9, 2002
Aramark-Gourmet
Services, the private company that has
handled Atlanta Public
Schools' food service program since 1999, appears certain
to hold onto the job
for another year.
That's
despite a string of controversies, from complaints
of poor food quality to
underuse of government surplus food, that culminated last
fall when more than
$200,000 of surplus turkey, cheese, powdered milk and other
items was tossed
out
by the company. (The Atlanta Journal)
Augusta
Youth Development Campus
Augusta, Georgia
Unique Solutions
March 30, 2005 Atlanta Journal-Constitution
A former Juvenile justice manager has filed a civil rights
lawsuit against two top officials, alleging they forced him to resign after he
refused to destroy a memo citing problems at a youth prison. Frank Berry filed
suit Friday against Department of Juvenile Justice Commissioner Albert Murray
and Deputy Commissioner Thomas L. Coleman. Berry ran mental health services for
the department for nearly three years. Seeking a jury trial and unspecified
damages, Berry claims that Coleman ordered him in February 2004 to destroy a
memo he had written, and that he refused. The memo cited mental health care
shortfalls at the Augusta Youth Development Campus, which housed "the most
vulnerable youth in our system," including some who were prone to suicide.
The department's previous commissioner, Orlando Martinez, had put the troubled
Augusta youth prison into the hands of a private company. Unique Solutions. But
then Youth Services International of Sarasota, Fla., won the contract and was
due to take over in February 2004. To ensure a smooth
transition, Berry led an all-day meeting at the youth prison with officials and
staff from the contractors and the Department of Juvenile Justice and uncovered
problems.
The lawsuit was filed in U.S. District Court in
Atlanta. It states that in March 2004, Murray asked Berry if he had considered
the consequences of his memo before drafting it and told Berry, "I don't
like to be embarrassed." Murray also told Berry that if Murray were asked
to destroy a document, he'd have two choices: destroy it or resign. A week
later, Berry received a letter from Coleman. It informed him that his last day
of employment would be that April 15. Murray was copied on the letter. Berry
resigned. The February 2004 memo, which Berry wrote with another staff member,
concluded that a private company poised to take over the youth prison wasn't
prepared to manage it. It warned that the company's plans for providing medical
and psychological care were inadequate. Just before the
scheduled takeover, Murray abruptly closed the Augusta facility after Unique
Solutions protested the bidding process. The youth prison reopened last November
under state control.
July 7, 2004
A former juvenile justice manager says top officials forced him to resign for
refusing to destroy a memo that cited shortfalls in mental health care at a
youth prison. Frank Berry, who ran mental health services for the Georgia
Department of Juvenile Justice for nearly three years, says Deputy Commissioner
Thomas Coleman told him in February to get rid of a memo that outlined Berry's
concerns about the Augusta Youth Development Campus. The memo concluded
that a private company, which was about to take over the prison that houses the
state's most disturbed youngsters, was unprepared to manage a facility that
"serves the most vulnerable youth in our system." The memo --
co-written by Berry and Dr. Shawn Allen, the agency's administrative
psychiatrist -- warned that the company's plans for providing medical and
psychological care were inadequate. "We were told to destroy the document
by one of the deputy commissioners and ultimately the commissioner," Berry
said. "I refused to destroy it. It would have been unethical at best
and illegal at worst." One year ago, then-Commissioner Orlando
Martinez put the troubled Augusta youth prison into private hands after a GBI
probe into allegations of sex and drug sales between staff and inmates. Since
August 2003, Unique Solutions ran the youth prison. But in February, Youth
Services International of Sarasota, Fla., won the contract and was due to
take over Feb. 15. To ensure a smooth transition, Berry chaired an all-day
meeting at the facility with officials and staff from the contractors and the
Department of Juvenile Justice. According to Berry, he and Allen left that
meeting believing the contractor was not ready to take over the facility. The
company's staff had not been adequately trained, it had retained only a
part-time psychologist and it still lacked 24-hour nursing care for emergencies
-- all in violation of the contract, Berry and Allen wrote in their memo.
"These were the sickest kids in the state, the kids who had significant
mental health problems," Berry said. "We felt a strong obligation to
the kids to report our concerns about their care." Just before the
scheduled takeover in February, Murray abruptly closed the Augusta youth prison
after Unique Solutions protested the bidding process and threatened to seek a
temporary restraining order to stop Youth Services International from taking
over. The governor recently announced the Augusta facility would reopen in
the fall under state control. (Atlanta Journal-Constitution)
February 17, 2004
The threat of legal action prompted state officials to
temporarily shut down the Augusta Youth Development Campus, a long-term
detention center for mentally troubled boys. The threat of litigation led
to the state's decision, Albert Murray, commissioner of the Department of
Juvenile Justice, said in a statement. "DJJ remains committed to the
long-term viability of the Augusta YDC," Murray said. "Under
consideration will be the return of the campus to state operations and bringing
back staff as state employees. "Florida-based Youth Services
International was to take over operation of the campus this past weekend. But
Unique Solutions Inc., the contractor running the campus, threatened legal
action Friday to stop Youth Services from taking over, Vickers said.
Acting on advice from the state attorney general's office, the Department of
Juvenile Justice decided to shut down the campus. "In effect, we ended up
with no vendor at all," Vickers said. "The issue is, is the state
going to operate it, or are we going to re-bid?" (The Atlanta
Journal-Constitution)
July 3, 2003
The state Department of Juvenile Justice has handed control of the Augusta Youth
Development Campus to a private company on an emergency basis. The
transfer, done without bids for the $5.5 million contract, had been scheduled
for Aug. 1 but was pushed up a month because of suspected criminal activity by
the staff at the youth center, officials said. About 120 employees have
been suspended with pay until Aug. 1 while the Georgia Bureau of Investigation
completes an inquiry. Its report is expected to be released later this
month. The GBI is looking into possible illegal behavior at the long-term
prison for juvenile offenders -- children and teens who have been found guilty
of crimes as minor as unruly behavior or as serious as murder. The
new contractor, Unique Solutions, will have a staff of 200. Some of the workers
might be former facility employees, but they must have a background in mental
health or education, according to the department. "There are some
serious problems" at the youth center, said state Sen. Don Cheeks
(R-Augusta), who has been in several meetings between employees and agency
officials. "But part of the problem is from management. Part of it is from
employees. Part of the problem is from the top [in the department].
. . . They have serious problems [at the center] that need to be
addressed." Department of Juvenile Justice Commissioner Orlando
Martinez picked the company that already was providing mental health services to
run the entire facility. The long-term detention center has "had
continuing problems," agency spokeswoman Jaci Vickers said. "The
commissioner . . . felt he had to act now, as opposed to
later." The department will choose a private provider to take over
full time after it develops a request for proposals and solicits bids, Vickers
said. The center, one of nine long-term juvenile facilities in Georgia,
has reported an increasing number of inmate assaults and suicide attempts,
including one successful suicide in March. Five of the state's eight other youth
facilities are run by private companies. The Augusta facility is
authorized to have a staff of 300 to deal with 150youths. Because of the various
problems, the number of boys there has been reduced in recent months to about
50. Serious problems at the Augusta facility have been noted in reports
released as long ago as 1998 by monitors the U.S. Department of Justice sent to
Georgia. The problems noted in those federal reports have been augmented by
preliminary accounts of the GBI's findings. GBI spokesman John Bankhead
said Wednesday the bureau probe is "still an ongoing investigation"
that will take two to three weeks to complete. Only then will the specifics of
the findings, including any resulting criminal charges, become public. But
the problems at the Augusta center portray it as the worst of the nine long-term
juvenile facilities in Georgia. Before the wholesale suspensions this
week, six youth correctional officers were suspended with pay in February and
March, including one who was on duty when a teenager from Jonesboro committed
suicide; four of the six eventually were fired. Martinez said at a
volatile meeting with staffers Monday that the ongoing GBI investigation was
turning up evidence of criminal activity, including sexual contact between
staffers and inmates and the use of marijuana. Since the plan to change
management was announced a month ago, Vickers said, security cameras in the
units and radios used by officers have been damaged and agency officials
allegedly have received harassing telephone calls at their homes.
"That's not true. That's an outright lie," said Ralph Williams,
president of the State Employees Union, which has been trying to save the state
jobs. He said workers turned in a nurse suspected of having a sexual
relationship with one of the boys and reported the staffer who was bringing
marijuana into the facility. "Unique Solutions has been a part of the
problem," he said. "They were on the campus when all these things were
happening." Brett Brannon, who founded Unique Solutions five years
ago, is the new director at the campus. Telephone messages left for him were not
answered. Cheeks and other Augusta area legislators said they are upset
with the changes at the Augusta facility and the way they came about.
Martinez made the decision to privatize the center and then got approval from
Gov. Sonny Perdue's chief operating officer, Jim Lientz. The governor
found out after the fact, and legislators said they were not told 60 days in
advance of the change, as the law requires. "What was done was
wrong," state Rep. Henry Howard (D-Augusta) said. Howard said he
asked the governor to delay the privatization until the GBI investigation is
completed. Derrick Dickey, a spokesman for Perdue, said the governor
thinks "privatization is the right answer" at this time. Cheeks
said, "We think the people they are planning to give the contract to are
part of the problem. . . . I'd rather see the U.S. Justice Department
take over than see Unique Solutions take over." (The Atlanta
Journal-Constitution)
Bridge
Institute
Athens, Georgia
First Corrections Corporation
March 1, 2002
The Bridge Institute, an
Athens
facility
for juvenile
offenders with serious mental health
problems, is under
orders from the state to start providing
''proper care for
our youth.''
In a letter written Tuesday, state
Department of
Juvenile Justice Commissioner Orlando
Martinez
gives the
private Virginia-based First Corrections
Corporation a
Monday deadline to establish ''a firm
timeline to become
fully operational.'' First Corrections
Corporation operates
The Bridge Institute, on
Mitchell
Bridge
Road in
Athens
,
under contract with the state.
In the past few weeks, DJJ has become
aware of
operational problems at the facility, and
over the
weekend, four employees, including the
director,
resigned, according to DJJ spokeswoman Jaci
Vickers.
Martinez
's letter asks the company to
address five
issues of concern: the physical plant,
admission process,
staffing, medical services, and
communication and
support from the corporate office.
The staffing problems, according to
Vickers, stem at
least in part from ''hiring kids straight
from college.'' The
Bridge Institute currently has 10 teachers,
as well as at
least one psychiatrist and 39 counselors who
rotate
through on a weekly basis.
Martinez
's concern over ''medical
services'' stems from
delays between the time a child reports a
sickness and
subsequently sees a doctor, according to
Vickers. (Online Athens)
Clarke
County Jail
Athens, Georgia
Prison Health Services
December 6, 2004 Athens Banner Herald
The denial of medical care to a Clarke County Jail
prisoner who later died from a heart attack was tantamount to the woman being
"punished by death on a misdemeanor charge," according to a lawsuit
filed by her husband in Clarke County Superior Court. In
the lawsuit, Muscogee County resident Stephan Lamar Hubbard Jr. claims his wife,
40-year-old Laverne Rose Hubbard, died two years ago after repeatedly pleading
for jail personnel to take her to the hospital because she was suffering with
chest pain. In the lawsuit, however, Clarke County Sheriff Ira Edwards,
Athens-Clarke County and the jail's contracted health care provider,
Tennessee-based Prison Health Systems Inc., are all alleged to have been
negligent in the training of jail personnel on proper emergency medical response
and treatment procedures. Eight hours after arriving at the jail, the
lawsuit states, Mrs. Hubbard was taken to the hospital after being found
unconscious on the floor of her cell. "Mrs. Hubbard died of a heart attack,
which would have been avoided if (jail personnel) had not denied Mrs. Hubbard
medical care," the lawsuit states. "(Their medical) policy violated
contemporary standards of decency."
Clayton County Jail
Clayton County, Georgia
Aramark
November 25, 2009 Atlanta Journal-Constitution
Extra officers had to quell a small protest of Clayton County inmates upset
about cold meals at the jail. About a dozen male inmates were eating lunch in a
common area at the jail on Tuesday when they began complaining about the meal,
which was cold. “They were upset about the potatoes being undercooked and
initially didn’t return to their cells,” Clayton County Sheriff Kem Kimbrough
told the AJC on Wednesday. Guards summoned more corrections officers who were
able to calm the inmates and get them back in their cells. The ordeal took only
“a matter of minutes,” Kimbrough said. No injuries were reported and there was
no force used, the sheriff said. “Once the extra corrections officers entered
the section, everyone went to their cells without any resistance,” Kimbrough
said. The protest occurred the day after the AJC visited the Clayton jail and
interviewed disgruntled inmates about the cold food. On Sunday, the AJC reported
that the 1,900 Clayton inmates have been eating cold meals for five weeks
because of broken kitchen equipment. Five weeks ago, officials deemed the jail’s
three large kettles -- used to cook rice, pasta and potatoes -- unsafe to use
because of broken equipment. Last week, the county commission allocated $60,000
to purchase new kettles, but they won’t be installed until mid-January. The jail
has also been operating for about a year without four stoves and three large
skillets, which all broke down, food services manager Ricky Jordan said. Georgia
law requires inmates be served two hot meals a day. The sheriff said inmates are
still getting three meals a day and the same portions. Despite the lack of hot
meals, Kimbrough said there has not been an increase in illness or complaints
from inmates. Food vendor Aramark, which runs the kitchen at the jail, is
working to heat some food in the sheriff’s staff dining area, Jordan said.
College
Park Jail
Atlanta, Georgia
June 19, 2004
Murder charges have been filed against a supermarket security guard in the
shooting death of a College Park teenager the guard suspected of stealing her
car. Kathryn Smith, who had been charged with aggravated assault in the
shooting of Courtney Wright, 16, officially was charged with murder at a hearing
Saturday morning, hours after Wright was removed from hospital life support
systems and declared dead. In addition, Smith is charged with aggravated
assault and carrying a pistol without a license. Clayton County police
Capt. Jeff Turner said Smith told detectives she had gotten off a bus and was
walking to her job as a security guard at Wayfield Foods in College Park when
she saw the Pontiac Grand Am that had been stolen Monday from her and her
domestic partner. It was parked at an auto parts store. Investigators say
Smith, 30, confronted Wright and they began arguing. When he tried to
drive off, Smith shot him once with her .38-caliber revolver, said Turner.
Maureen McLeod, an attorney representing East Coast Security, Smith's employer,
said the agency issued a gun to Smith and that she completed training to carry
the firearm at the store. (Atlanta Journal-Constitution)
September 24, 2003
Sabrina Byrd's lack of money ultimately landed her a 17-day stay in the
College Park Jail this summer. Byrd, a 27-year-old single mother of
three children, was cited by the south Fulton County city 11 times for allowing
her three dogs to run the streets without a leash and for not having them
vaccinated for rabies. She couldn't afford to pay the $852 in misdemeanor
fines she had accumulated, so Municipal Court Judge George Barron put Byrd on
probation and allowed her to pay the fines in 10 monthly installments. Because
Byrd also would have to pay a $39 monthly fee to a private probation company,
her monthly tab reached $124, according to legal documents filed on her
behalf. Byrd, who is unemployed and receives food stamps and spotty child
support payments, couldn't pay the fines, so she stopped showing up for her
probation meetings. Eventually, she was arrested for violating her probation,
and Barron sentenced her to 25 days in jail. Palmer Singleton, a lawyer
for the Southern Center for Human Rights, contends that Byrd -- a soft-spoken
woman who has no criminal record -- wouldn't have spent one day in jail if she
could have come up with the $39-a-month probation fee. Singleton challenged
Byrd's jailing in Fulton County Superior Court and alleged that her imprisonment
for inability to pay a fine violated her constitutional rights to equal
protection. She was released the day of the court filing. The center
argues that the probation fees amount to unfair treatment for poor people:
Someone with money would have paid the fines and fees and moved on, while poor
people, such as Byrd, suffer great consequences, including jail. The
center is considering filing a lawsuit challenging the constitutionality of such
fines, Singleton said. But Barron and others say that Byrd bears the
responsibility of her predicament. The judge said this week that he jailed Byrd
for her repeated flouting of the legal system, not for her failure to pay the
probation fees. He said Byrd failed to appear for a court hearing to answer to
the charges of violating the leash laws and also failed to appear for her
probation meetings. "She was not put in jail because she didn't pay a
fine," Barron said. "She absconded from probation. She had 11
offenses. She also owned a particularly vicious chow. [Authorities] were very
concerned about it attacking a child." The judge said he would have
held a hearing to determine whether Byrd was indigent but her court-appointed
lawyer never asked for one. 'Taxed for being poor' Even
though Byrd is free, Singleton still maintains that the legal system focuses too
much on punishing offenders, rather than helping them rectify the problems that
got them in trouble. It wasn't until Singleton sought out the help of local pet
stores and veterinarians that he was able to get Byrd's dogs spayed and
vaccinated. One of the dogs was put to sleep while another was sent to a pet
sanctuary in Utah. Byrd kept the mother of the two dogs, Ta-ta. "The
amazing thing is the probation company did nothing to help this woman with the
dogs," Singleton said. "They just taxed her for being poor. Once we
tapped into the right resources, we can help the dogs. We can't do that for
Sabrina Byrd?" Joseph Lowery, of the Georgia Coalition for the
People's Agenda, said he considers Byrd's punishment "medieval."
"I thought debtor's prison had been outlawed in this state," said
Lowery, former head of the Southern Christian Leadership Conference, an
organization that has put such probation fees on its agenda. "Poverty is no
crime, and the court ought to find a way to let her work this situation out some
kind of way." People who violate the law in Georgia and are sentenced
to probation must pay a monthly fee to be monitored. The Georgia Department of
Corrections supervised probationers until 1997. But the state Legislature passed
a law that year to place supervision of misdemeanor probationers in the hands of
private companies. Now, 37 companies supervise about 200,000 misdemeanor state
probationers. Corrections still supervises felony probationers for fees
ranging from $23 to $29 per month. Currently, there are about 130,000 convicted
felons on probation in the state, according to Michael Nail, director of the
department's probation division. Depending on the risk level, some probationers
are visited at least three times a month at home or work by an officer. Low-risk
offenders simply place a phone call or mail in a form once a month to an
officer. Probationers who cannot afford the monthly fee can apply for a
hardship exemption. If the probationer is found to be legitimately indigent, the
monthly fee is waived, said Nail, who recently became one of 11 members on the
statewide County and Municipal Probation Advisory Council. "It's a
rarity that we return someone to the court solely based on their inability to
pay," Nail said. Clay Cox, chief executive officer of Professional
Probation Services, the company that handled Byrd's probation, said it was
difficult to offer Byrd any form of help, because she repeatedly failed to show
up for her probation meetings. Had Byrd worked with the company to prove
her poverty, she could have appealed to the judge for an alternative sentence,
such as community service, Cox said. His company even would have helped Byrd
with a job search, he said. "We love taking people's cases very
seriously," he said. "But they've got to take their orders seriously
and get it done." 'It went way too far' Cox said about 9
percent of the cases his company supervises in the Atlanta Municipal Court
system are considered indigent and that the monthly fees have been waived.
Byrd said she accepts responsibility for many of her problems. But she doesn't
understand why someone such as herself spent 24 hours a day in a cell where she
got two meals a day served to her through bars. "At some point in
life, we can sometimes just have a heart or a listening ear or a concerned
spirit about a person, about their situation, rather than taking your job overly
serious or passing too many unnecessary rules, where it disturbs or makes
matters worse than they really have to be," Byrd said. "I think
a lot of things could've been resolved by caring about a person. I think it went
way too far. I don't think the punishment fit the crime." (The
Atlanta Journal-Constitution)
DeKalb
County Children's Center
Georgia
WestCare
November 18, 2004 Atlanta Journal-Constitution
Nearly two years ago, state child welfare officials closed
the troubled DeKalb County emergency children's shelter and promised a new
facility that would keep kids safe. Now an advocacy group says that promise has
been broken. Lawyers at Children's Rights Inc. said children at the DeKalb
County Children's Center face some of the same kinds of problems that plagued
the previous shelter. Some children are not getting adequate medical care,
clothing or education. And many languish there for long periods without proper
treatment, the group said. "This is another frightening example of the
Perdue administration's failure to address known dangers to children in the
[state] foster care system," said Ira Lustbader, associate director of the
New York-based advocacy group. Specifically, Lustbader said the center failed to
do a required criminal background check on an employee who was a felon, and who
later sexually assaulted a child at the center in May. Also, he said a school
safety officer was so concerned about safety issues at the center that he
refused to leave a child there in September. WestCare
spokesman Jeff Dickerson said the facility is still working out some problems.
Lustbader said an independent consultant's review of the facility last June,
performed at the state's request, said WestCare's "support of the DeKalb
County Children's Center borders on neglect."
DeKalb
County Jail
Georgia
CMS/CHS
December 8, 2004 Atlanta Journal-Constitution
If Adams v. Dorsey were an old movie instead of a lawsuit,
calendar pages might blow past the camera, stopping briefly at the turn of the
years from 1999 to 2004. Now it appears the story will continue past one more
New Year's Day, because some disputes remain in the long and costly battle over
medical care at the DeKalb jail.
By mid-December, Superior
Court Judge Hilton Fuller will receive written arguments on one aspect of what
may be the final steps in the lawsuit. Lawyers for the Southern Center for Human
Rights, representing jail inmates, want to send in their own expert to review
the care provided by the jail's private medical contractor. Lawyers for the
county government and Sheriff Thomas Brown oppose that request. Also this month,
the inmates' lawyers are to meet with the jail's medical staff in the first of
what a court-appointed monitor recommends should be monthly meetings to review
any complaints. The case began in 1998, finally yielding a
settlement in March 2001. At the time, Fuller said that inmates with
life-threatening diseases weren't being treated and that the jail's failure to
adequately protect against contagious diseases posed a hazard to guards and the
public. Later, Fuller ruled the agreement wasn't being followed. He found the
county government in contempt and said he would continue to oversee the jail
medical program until the agreement's conditions were met. Since the settlement,
the jail's annual medical bill has increased from about $7 million to about
$11.5 million. The county's legal bills for the lifetime of the case total more
than $700,000.
February 16, 2004
A new court-appointed inspector says medical care at the
DeKalb County jail has improved enough that a costly six-year legal battle could
end soon. The county has spent more than $700,000 in legal expenses
on the case that began when inmates sued over poor medical care. Meanwhile,
county jail medical costs have jumped to about $11 million this year from $7
million in 2001. (The Atlanta Journal-Constitution)
March 17, 2003
Georgia Philpot knows her complaints about her son's medical treatment by the
DeKalb County sheriff's Department won't get the attention of many county
residents. Her youngest child, 21-year old Alan D. Philpot, has been held
in the DeKalb jail since September for violating probation on a drug
conviction. He has a history of ear infections that required surgery, and
began telling jail officials in October that he had a new infection, his mother
said. She said it took more than three months and at least 10 phone calls
to various jail officials to find someone who made sure Philpot got the
antibiotics he needed. "The public is generally unconcerned about the
medical care rendered to inmates," Superior Court Judge Hilton Fuller wrote
in a 2001 ruling in which he nonetheless tried to spell out reasons the public
should care. He cited society's moral duty to treat humanely and health
risks to guards, jail visitors and the outside world. Such charges and
countercharges are part of an ongoing 3 1/2-year old battle over health care for
the 2,700 men and women housed in Georgia's largest jail. Tamara Serwer,
lawyer representing inmates, insists inmates are still at risk and the public
sector could be too, from inmates released with communicable diseases.
Failure to control communicable diseases, including tuberculosis, has been a
frequent criticism in reports by Dr. Robert Greifinger, a former chief medical
officer for the New York Department of Corrections. He was appointed by
Fuller to monitor the jail's compliance with its 2001 agreement to improve
medical care at the jail. Even as Greinger praised a new management team
installed at the jail by private contractor Correctional Medical Services in his
latest report in February, he said he found cases in which there was not
"timely and appropriate follow-up" for inmates whose chest X-rays
showed a risk of TB. (The Atlanta Journal Constitution)
February 25,
2003
Sheriff Thomas Brown on Monday said the DeKalb County Jail's much-criticized
medical care system is close to earning national accreditation. Brown
called a recent positive review by the National Commission on Correctional
Health Care a welcome counterpoint to a series of critical reports by a
court-appointed inspector. Brown described medical care at the jail as in
a crisis when he took office two years ago. The jail has operated under a
court-approved settlement of an inmate lawsuit over inadequate care since March
2001. As recently as last week, the inspector appointed to monitor the
settlement reported that minimum standards were not being met, though there were
signs the jail's private medical contractor was trying to improve. Brown
said the reports by the inspector, Dr. Robert Greifinger, have focused on
problems with individual inmates, while the accrediting commission review shows
that the jail's overall approach to health care is sound. In a jail with 2,700
inmates, "you can miss one and not do something just right," the
sheriff said. But, he said, "We think we're well on the way to solving this
particular litigation." That assessment was disputed by Tamara Serwer,
a lawyer for the inmates who brought the medical care lawsuit. She said
Greifinger reviews random cases and that the examples he has cited show
"the system is not functioning." She said the commission focuses
on written policies. "It's a great thing to be accredited by the NCCHC, but
it doesn't tell you anything about the way patients are actually treated."
She said it was "amazing" that it took two years to get adequate
policies in place. Actual improvement will take months more, she said.
(The Atlanta Journal)
January 24, 2003
A court-appointed inspector says some diabetics inmates haven't been getting
proper doses of insulin at the DeKalb County Jail and the jail medical staff has
been slow to react to potential tuberculosis and HIV cases. Dr. Robert
Greifinger, a former medical director of the New York State Department of
Corrections, made the criticisms in a report after visiting the jail last
week. Greifinger visits the jail to monitor compliance with a 2001
settlement in a lawsuit over inmate medical care. Greifinger said one
diabetic inmate received no insulin for three days and "developed a
life-threatening condition" that required emergency hospitalization.
He said he reviewed the records of four other inmates with diabetes that was
"seriously out of control." Two had foot ulcers and "none
have had insulin adjustments to get them in control," according to the
report. Ken Fields, a spokesman for CMS, the company contracted to provide
jail medical care, said it was not clear if some of the diabetic inmates
Greifinger cited were recent arrivals. Fields said CMS officials do not
agree with Greifinger's assertion that no HIV tests had been ordered at the jail
since Dec. 25. He said he could not comment specifically on five cases in
which Greifinger said CMS did not appropriately follow up on chest X-rays
"suspicious for tuberculosis." Tamara Serwer, staff attorney for
the Southern Center for Human Rights, which filed the original lawsuit, said
Greifinger's report signaled a need for further action to improve conditions at
the jail. (The Atlanta Journal Constitution)
August
9, 2001
Earlier this month, the court-appointed monitor released a scathing report
about medical care at the jail and said that Healing Touch was doing little
to improve it. The lawyers for the plaintiffs in the lawsuit have filed a
motion to put the jail's medical care under control of the courts.
DeKalb County hopes its newest contractor finally will improve medical care
at the jail and get the court system off its back. The County Commission
Tuesday hired Correctional Medical Services Inc. of
St. Louis to provide medical care to inmates at the state's largest jail.
The contract, which is for up to five years, is worth at least $8.16 million
a year, an increase of $1 million over the last contract.
In 1998, a group of inmates sued the county over poor medical care. Under a
settlement agreement signed in March, the county agreed to improve the care
and the court appointed a monitor to oversee the progress.
In
April, the county's medical care provider ---Correctional Healthcare
Solutions --- walked away from its $7 million contract. A local company,
Healing Touch Inc., was given an interim contract.
Earlier
this month, the court-appointed monitor released a scathing report
about medical care at the jail and said that Healing Touch was doing little
to improve it. The lawyers for the plaintiffs in the lawsuit have filed a
motion to put the jail's medical care under control of the courts. (The
Atlanta Journal and Constitution)
Department
of Human Resources/Department of Youth Services
July 16, 2003
State officials with the Department of Human Resources and Department of
Youth Services should be giving a for-profit Shelby County youth services center
a very thorough review after Jefferson County Family Court stopped the transfers
of three girls to the center. While Family Court officials wouldn't say
much, other than to question conditions at Oak Mountain Youth Services, that
should be enough to raise flags with state officials. Certainly, there's enough
smoke to justify an inquiry by state officials, just to be sure there's no
fire. (Birmingham News)
Devereux
Center
Cobb County, Georgia
September 6, 2003
Two 16-year-old boys charged with raping a 25-year-old Kennesaw woman early
Thursday are only the latest in a regular series of runaways from a private
center for emotionally disturbed teenagers, police records show. Since
Jan. 1, police have received 12 calls reporting runaways from the co-educational
north Cobb County campus of the Devereux Center on Stanley Road in Kennesaw. In
the last three years, police have responded to the center at least 114 times,
including two reports of sodomy, Cobb police records show. (The Atlanta
Journal-Constitution)
Deyton Detention Facility
Clayton County, Georgia
GEO Group
May 22, 2007 Business Wire
The GEO Group, Inc. (GEO : 53.08, +2.03, +4.0% ) ("GEO") announced today that it
has signed an initial 20-year agreement, with two five-year renewal options by
mutual agreement, with Clayton County, Georgia (the "County") for the leasing
and utilization of the existing County-owned 576-bed Robert A. Deyton Detention
Facility (the "Facility") with the ability to expand the Facility by an
additional 192 beds, which GEO is currently considering. The Facility is
expected to be used by Federal detention agencies with a targeted date of
occupancy of year-end 2007 after the completion of an estimated $3.0 million
renovation. GEO believes that the Facility could generate approximately $14.0
million in annual operating revenues at full occupancy of 576 beds.
D.
Ray James Prison
Folkston, Georgia
Cornell
July 27, 2010 Charlton County Herald
For years Charlton County Schools got well over $1 million annually in state
funds to make up for the county's low tax base. Those dollars have fallen
dramatically this year, however to just $27,000. Superintendent Steve McQueen
believes local system funding has changed because of errors in the county tax
digest. Because of the drop, the Charlton County Board of Education voted
unanimously last week to appeal the digest to the state auditor’s office.
“Ultimately, what we’re trying to do is get the equalization board to exercise
their discretion and adjust our funding,” explained BOE Attorney Kelly Brooks.
“When the state auditor’s office receives our appeal, they will notify the state
department of education to hold off on the final determination of our funding
for 2011.” The lawyer says this will buy the school system 45 more days, time
enough the school board hopes, for the Charlton County Tax Assessor’s office to
come up with an accurate tax digest. “There have been substantial post-levy
reductions in the digest through timber tax appeals and Cornell’s appeal [on the
D. Ray James Prison valuation],” said Brooks. “Call me skeptical but for six
years in a row the county’s certified digest has meant nothing.” Last year for
example, Charlton County’s certified digest was $332 million but the county,
school board and cities never collected taxes on that amount. After the state
approved the digest, but before payments started coming in, the digest dropped
by $16.5 million because of the prison appeal. That one reduction amounted to a
loss in property tax revenues to the school system last year of $252,000.
January 22, 2010 Times-Union
The Charlton County Commission, the county school system and Folkston are all
hastily adjusting their budgets after a single successful appeal of a property
assessment. Commissioners are expected to approve an "error and relief"
agreement in February to reduce the assessed value of privately owned D. Ray
James Prison from $97 million to $55 million. The successful appeal by Cornell
Companies, owners and operators of the prison, will cost the city, county and
school system at least $730,000 in anticipated tax revenue. County Manager Steve
Nance said Cornell appealed the assessed value of the prison after it nearly
doubled in 2009. Two new structures - an addition that will house 700 inmates
this year and another facility for 300 prisoners from both Charlton County and
the U.S. Marshals Service - were on the tax rolls for the first time this year,
likely leading to the increase in value, Nance said. During the appeal, Cornell
officials didn't dispute the accuracy of the appraisal of the facility. Instead,
they argued it would be impossible to sell the sprawling prison complex for what
the company invested because the structures are for very specialized purposes -
to securely house inmates. They also claimed the original part of the prison,
more than a decade old, had depreciated in value, Nance said. "They contended
the value did not equal the cost," he said. The property appraiser who
determined the appraised value never visited the prison until after Cornell
filed an appeal, Nance said. Instead, the appraiser determined the value from
manuals, he said. "She did not actually tour the facility until the appeal was
made," he said. "After the tour, she agreed the value was too high. It was a lot
more austere than she thought." Despite the hardship losing an estimated
$334,000 in anticipated tax revenue, Nance said county officials have no plans
to contest the ruling by the Board of Assessors. "It would be difficult for us
to appeal our own valuation," he said. Also, there is no appeal process unless
the complaint is taken to the Board of Equalization by the property owner, Nance
said. "Is there any recourse [for Folkston and the school district]?" Nance
asked. "I don't think they have the right to challenge this." Now, the already
cash-strapped county will maintain a "continuous evaluation process" to cut
spending to make up for the shortfall, Nance said. Folkston City Manager Pender
Lloyd said the appeal will cost his city at least $108,000 in anticipated tax
revenue - nearly a 5 percent cut to the city's $2.4 million budget. "We knew
Cornell was probably going to appeal," Lloyd said. "We certainly had no idea it
[the prison's value] would drop by $42 million." Lloyd criticized the timing,
saying one appeal should not have so much impact to local governments. An appeal
of the magnitude of Cornell's should have been resolved before the county digest
was completed to give local governments an accurate estimate of how much revenue
would be generated in taxes. The city will delay some projects planned this
year, including construction of a new park, he said. Travel to conferences and
training is also canceled, unless it is required by law, Lloyd said. "We have
some revenues built up, so we can handle it," he said. "We're all affected and
we've got to work through this thing. We've got to deal with it."
May 20, 2009 Yahoo.com
Cornell Companies, Inc. (NYSE:CRN) today announced that it has been informed
by the Georgia Department of Corrections that the Department will not start
using the Company's recently completed expansion at its D. Ray James Prison in
Georgia. The Company's previous guidance, included in the first quarter earnings
release, provided a base case that assumed that the 700-bed expansion at D. Ray
James Prison would begin to ramp at the beginning of the third quarter of 2009,
and an alternate case that, if the expansion was to remain empty for all of
2009, earnings for the full year would be reduced by up to approximately $0.08
per share. Today's updated guidance assumes that the expansion will remain empty
for the remainder of the year. As a result, the Company now expects earnings per
share for the full year of $1.62 to $1.70. The Company also reaffirmed the
earnings guidance range for the second quarter of $0.42 to $0.46 per share.
September 6, 2008 Savanna Now
A Savannah man serving a life sentence for a 1984 slaying recently helped
save a prison counselor being assaulted by another inmate. Arthur Lee "Leechain"
Scott, an inmate at D Ray James Correctional Facility in Folkston, rushed to the
aid of a female mental health counselor on Aug. 24, officials said. Another
inmate who had been working with the woman in a one-on-one session had her in a
choke hold, said Charles Seigel, spokesman for Cornell Companies Inc., a private
corporation in Houston that operates the medium-security prison for the state.
Seigel said Scott got there first and "really helped." "He and others reacted
well, and he was very gallant and deserves praise for what he did," Seigel said.
The unidentified counselor was taken to a hospital but suffered no serious
physical injuries, Seigel said. The attacking inmate has been transferred to
another facility, he said. The incident remains under investigation.
March 24, 2008
News 4 Jax
Federal prisoners at the D. Ray James Prison near
Folkston, Ga., were locked down on Monday after prisoners resisted orders to
return to their cells, Channel 4 learned. Prison officials said there were no
injuries. The Charlton County Sheriff's Office said the prison did not request
assistance. A spokesman for Cornell Companies, the private firm that runs the
prison, said the lockdown is only in a newly opened pod that houses federal
prisoners and does not affect the entire prison. Only 50 to 60 inmates of the
prison's capacity of 1,640 were involved. Since the prison opened in 1998, it
has expanded to become the largest privately run prison in Georgia.
Forrest Hill Academy
Douglas County, Georgia
Community Education Partners
May 7, 2008 Creative Loafing
Patti Welch was living in Douglasville when she went through a divorce last
year. Atlanta was her chance to start over. Weary of her one-hour, 20-minute
commute to the northside law office where she works as a paralegal, Welch found
a duplex in the West End only 20 minutes from her job. But the move also was
about her 15-year-old son, Patrick. He was a smart kid, a B student entering the
10th grade. But he'd gotten into fights. One took place just off school grounds
and involved several kids, so officials labeled it "gang-related." That meant
Patrick would be sent to Douglas County's alternative school. Even though she
was confident her son wasn't in a gang, Welch didn't bother to appeal the school
district's decision. She thought an alternative school might help him. And she
hoped the 10 days Patrick spent in jail after his last fight would serve as a
wake-up call. Welch knew her son would be sent to an alternative school when
they moved to Atlanta. But she thought it would be temporary. Instead, officials
told her that because Patrick had a gang-related fight on his record, he'd never
be allowed to enroll in a regular school in Atlanta. She tried to make the best
of it. When told he'd be sent to Forrest Hill Academy, she looked at her son and
forced a smile. "Wow," she said hopefully. "They're putting you in an academy."
Six months later, Patrick became one of eight student plaintiffs in a class
action lawsuit filed by the American Civil Liberties Union's Racial Justice
Program in New York City. The suit alleges that Forrest Hill – which is operated
by a for-profit company called Community Education Partners – is little more
than a pathway to prison for Atlanta's unwanted students. "It would be a stretch
to even call this a school," says Reggie Shuford, an attorney with the ACLU's
Racial Justice Program in New York. "There is little to no academic instruction,
and its students are treated like criminals. It is nothing more than a
warehouse, largely for poor children of color." The ACLU contends that Forrest
Hill students, 97 percent of whom are African-American, spend most of their days
filling out worksheets, for which they get no feedback. According to state
figures, nine out of 10 students at the school are unable to pass the
standardized state test for math proficiency. The figures also show that Forrest
Hill is the most violent school in Atlanta. "It is a national disgrace that the
Atlanta school system has handed over its constitutional responsibility to a
private, for-profit corporation," says Emily Chiang, the case's lead lawyer.
Forrest Hill wasn't quite the academy that Patti Welch had hoped for. The idea
of putting problem children into an "alternative school" is a recent phenomenon
in the world of education. Before a federal law that took effect in 1978, public
schools had no legal requirement to provide education to special needs kids. If
a child was violent, or continually disrupted the class, schools could kick him
or her out. When the law took away that option, teachers and school systems
faced the chore of trying to tame disruptive students. The trend of taking those
kids out of regular classrooms and putting them into "alternative" schools began
to take hold. That practice quickly led to allegations that some systems – under
increasing pressure to churn out higher scores on standardized tests – were
simply "warehousing" their undesirable students, out of sight and out of mind.
"Those schools weren't about education, but just getting through the day," says
Eric Freeman, assistant professor of educational policy studies at Georgia State
University. "Those were the 'expendable kids.' It's no longer acceptable to have
schools where kids are warehoused, but we still have a long way to go." When it
was founded in 1996, Community Education Partners touted itself as a way to get
expendable kids back into the mainstream. From the start, however, there were
indications CEP's considerable political weight was as responsible for its rise
as were its education programs. CEP was formed in Nashville by four men with
heavy Republican connections.CEO Randle Richardson, was chairman of the
Tennessee Republican Party from 1992 to 1995 and oversaw a 1994 electoral sweep
in which Bill Frist and Fred Thompson won Senate seats and Don Sundquist was
elected governor. Another co-founder, John Danielson, would become chief of
staff for Education Secretary Rod Paige under George W. Bush. One of the initial
investors, Tom Beasley, had chaired the Tennessee GOP before Richardson did.
Beasley also founded the Corrections Corporation of America, which runs
privatized prisons. Founded in 1984, CCA has grown to become the sixth-largest
prison system in the country – trailing only the U.S. Bureau of Prisons and four
states. But the company also has faced criticism for understaffing, high
turnover and lax security. According to a 1999 state audit, neglect of medical
care and security at CCA facilities in Georgia amounted to "borderline
deliberate indifference." The two companies – CCA and CEP – have turned out to
share some parallels. Both had business plans that relied on obtaining contracts
to operate government services. Both were started in Nashville by major
Republican Party players. And both went to Texas to make their mark. Texas was a
natural entry point for CEP. In 1995, George W. Bush had become governor, and
his administration was brimming with ideas to reform schools. The bundle of
changes would be touted during Bush's 2000 presidential run as the "Texas
Miracle." In that environment, George Scott, president of a Texas nonprofit
education reform group, helped CEP gain a foothold. "I got pulled into it by the
former superintendent for the Houston school department," Scott says. "It's a
sinister manipulation of reality to say that public education is meeting its
constitutional and moral obligation to these children; we throw at-risk kids
into alternative centers and forget about them. Then along came a company that
said it was going to do something different." Scott says he first used his
political connections to help the company land a contract to take over the
education services at a juvenile detention center. He was impressed by CEP's
pitch that its methods could help problem children get up to speed academically
so they go back to mainstream schools. "You have kids in the ninth grade who
can't do fractions," Scott says. "If a kid is in the ninth grade but is at the
fifth-grade level, giving them an algebra book is useless. Under this program,
we would start them at the level where they are at, and build from there. CEP
promised two years of academic growth for every year a student was in their
school." In 1997, Scott says, he used his relationship with Paige, then
Houston's school superintendent, to help CEP land its first public school
contract. Under the future education secretary's stewardship, the Houston
Independent School District was becoming a cradle of the so-called Texas
Miracle. Paige had put a system in place that held individual principals
accountable for dropout rates and test scores. Then, the district signed a $17.9
million contract to turn the education of as many as 2,500 children to CEP.
Initially, the corporation hired Carl Shaw – who was the former chairman of the
Texas Education Agency's assessment committee – to develop an independent test
to grade the progress of the CEP students. "I will never forget the day the
school board approved the CEP contract," Scott says. "Randle Richardson and I
were walking out of the building and I told him that not all the kids in this
are going to make two [years of progress] in one. But that is going to be your
strength. You'll say that you're being held accountable for the program." Before
CEP's contract with Houston took effect, however, the first test results from
the juvenile detention facility came back. Scott recalls that they showed the
students weren't making much progress – some had even regressed. CEP blamed the
test, and fired Shaw. Richardson disputes that account. He says Scott let his
friendship with Shaw intrude on his judgment and that the scores showed 20
student inmates had regressed in math but that most had made great progress. His
own expert looked at the test and determined it was flawed, an opinion seconded
by the Texas Education Agency. Whether it was over a principle or a friendship,
the incident left Scott with strong feelings about CEP. He now says the one
thing he's most ashamed of in his professional life is helping the company get
into the Texas schools. The absence of Shaw's test, he says, left the company
devoid of the very thing that had attracted him to the concept in the first
place: accountability. Instead, Scott says, CEP began to cull its political
connections. A sitting Houston school board member was hired as a consultant.
Sandy Kress, who later authored Bush's No Child Left Behind program, was hired
as a lobbyist. And when the company opened the campus of its first alternative
school, in Houston in 1997, former President George H.W. Bush was at the opening
ceremony to offer his endorsement. "They put together a very powerful,
politically juiced operation in Texas," Scott says. CEP followed its Houston
deal with a five-year, $10 million-a-year contract in Dallas. Then, it moved on
to Florida and Philadelphia. And all along it followed a familiar pattern: It
hired well-connected lobbyists to sell the program and courted elected officials
with generous campaign contributions. CEP claimed it had found the key to
educating a student population that was thought to be beyond help. The schools
used a computer-based education program called PLATO that CEP said enables
students to quickly catch up to their age level in reading and math skills. The
company was swept up in the middle of what became a nationwide education reform
movement. Bush campaigned for the presidency heralding his "Texas Miracle" of
low dropout rates and high test scores. When he was elected, he named Paige to
his Cabinet and pushed through Congress the No Child Left Behind Act, which
instituted high achievement goals for the nation's public schools. But even as
it rode the wave of its association with Bush's education changes, CEP became a
target of criticism. Some parents complained of prison-like conditions inside
CEP schools. Others claimed CEP was, in reality, doing little more than
warehousing problem students. There were official rebukes as well. An internal
evaluation in Dallas found that "the model of education provided by [CEP] was
untenable." "The reliance on non-certified teachers for the bulk of the student-
teacher interaction was useful for the company to save money, but was not a
design in the best interest of the students," the report went on to say.
"Students who attended Community Education Partners did not do very well
academically." CEP had even refused to provide its budget data to the school
district, the report said, which made it impossible to know just how it was
spending the money it received. In 2002, the Dallas school system fired CEP. By
then, however, the company was developing its relationship with a new customer:
Atlanta. It's unclear exactly how CEP came to acquire a $6.9 million contract to
open an alternative school in Atlanta. Richardson says the school system
contacted the company in 2001. Citing the pending ACLU lawsuit, Atlanta school
officials won't even talk about CEP. At the time the contract was signed,
Atlanta officials brushed aside concerns already brewing in Dallas. They cited a
"task force" report that supposedly recommended the district privatize its
alternative schools; when the AJC requested a copy of that report, however,
school officials said they couldn't find one. It didn't take long for concerns
to crop up in Atlanta. In August 2002, CEP opened its alternative school in
temporary quarters at the old Archer High School. Parents of some of the
students attended the Rev. Darryl Winston's southeast Atlanta church. "We were
hearing allegations of mistreatment and a prison environment," says Winston,
president of the Greater American Ministerial Council. "We met with the staff,
and they admitted that 90 percent of what we described had to do with the
building. The Archer High School campus was extremely chaotic. They told us the
building did not give us an accurate picture of what the program was about." CEP
even flew Winston and other community leaders to Houston to tour their schools
there. "We were impressed by what we saw," he says. The company assured Winston
the problem was that the Atlanta school had yet to find a permanent location.
The company prefers a specific design for its schools. Kids are segregated into
male and female classes, and the classes are isolated inside pods within the
building. "In school, kids get in trouble in the hallway or the cafeteria or
going to the restrooms," says Anthony Edwards, a CEP vice president. "So we
control that. There are restrooms and water fountains in each of the common
areas. It eliminates movement. Kids get in trouble when they're moving." Three
properties had already been identified, but each was scuttled by community
opposition to an alternative school in the neighborhood. CEP asked for Winston's
patience, and he was willing to give the benefit of the doubt. Meanwhile, the
company did what it could to strengthen its political ties in Atlanta. When
school board members faced re-election in 2005, CEP and its executives gave
money in four races. According to Fulton County records, Randle Richardson made
a $250 contribution to Mark Riley, who easily won re-election. He also
contributed $500 to Brenda Muhammad, a former board member who ran successfully
to regain a seat. CEP's chief financial officer, Phil Baggett, contributed
another $250 to Muhammad. CEP was more generous in two other contests:
Richardson and Baggett each made three separate contributions to incumbent Eric
Wilson that totaled $2,000, and newcomer Yolanda Johnson received a total of
$2,500. Although Georgia law requires candidates to list the occupations and
employers of their contributors on their disclosure forms, none of the school
board candidates did that for the CEP executives. Muhammad says she had no idea
Richardson and Baggett were CEP executives until CL told her. "If they were
standing in front of me, I wouldn't know them," she says. "No campaign
contribution will influence me from making my decisions based on the best
interest of the children of Atlanta." Riley also said he was unaware that
Richardson led CEP. "That's a little embarrassing," he says. "I make a point of
never accepting contributions from vendors. I've even returned checks before."
Six months after the school board began its new term, it extended CEP's contract
to 2009. When school opened in August, Patti Welch and her son got their first
look at Forrest Hill. Welch went through a 90-minute orientation, where the
rules of the school were laid out. Patrick wasn't to bring anything onto campus
that was considered contraband. The list included watches, jewelry, purses,
combs, brushes, keys and money in excess of $5. Paper and pens weren't allowed
either; the school would provide everything that was needed, even tampons for
female students. Patrick would go through a metal detector each morning and be
patted down by a security guard to ensure he didn't have weapons or drugs.
Backpacks weren't allowed, and books couldn't be taken home. In fact, there was
no homework for Forrest Hill students. Patrick went through a weeklong
orientation that included tests on the PLATO computer system to determine where
he stood academically. On his first day, he sent his mother a text message:
"This school is so bad." He found the lessons boring. He complained that the
teacher would simply put an assignment on the board; then the kids would be
expected to do it on their own. Once the students were finished, they were given
crossword puzzles to fill out. "Patrick found it totally uninteresting and
totally unmotivating," Welch says. "He kept sending me text messages, and I
didn't believe him. He started missing days, so I went up there." What Welch saw
alarmed her. The building was new and well-maintained, but the pods where
students were segregated reminded her of a jail. "There's one steel door to the
classroom, no windows. It looked like a mini-prison." Not long after that, she
heard the ACLU wanted to interview parents with children at Forrest Hill Academy
for a potential lawsuit. Welch decided to talk to the organization. Two years
ago, a special education lawyer in Atlanta called the ACLU and suggested they
investigate the CEP school in Atlanta. "As soon as we began to scratch the
surface, we were so outraged by what we found," says the ACLU's Chiang. "The
standardized test scores are really shocking. No one was passing." State
statistics show the school has made few strides toward improving its students'
academic standing. According to state Department of Education figures from the
2006-07 school year, 91 percent of CEP's students failed the state's assessment
test in mathematics; 66 percent failed the reading portion. In its latest
contract with Atlanta, CEP agreed to a performance goal of making measurable
progress in 31 categories for the 2005-06 school year, based primarily on
results from the state's Criterion Referenced Competency tests. Of those
categories, six couldn't be measured because there were too few students
enrolled to get a proper study group, and CEP students showed improvement in 11
from the previous year. But in 13 categories, the students tested worse. In the
final category – ninth grade physical science – there was no change: 100 percent
of the students failed both years. "They cannot deny their standardized test
scores are abysmal," Chiang says. Shirley Kilgore, a former Washington High
School principal in Atlanta who now consults for CEP, counters that it's unfair
to evaluate the program based on state tests. "Students in an alternative
program are transient," she says. "We had a girl come in here last week. She's
been here a matter of days, but her score belongs to us. Some of these students
taking the tests have not been with us for any length of time." Richardson, the
company's CEO, points out that almost 90 percent of students sent to Forrest
Hill are at least two grade levels behind in reading and mathematics: "You
wouldn't pass it either, if you're reading at the fourth grade level and you're
taking a ninth grade competency test." The ACLU claims the heart of the problem
is that Forrest Hill cuts corners when it comes to academics. The teachers don't
teach, Chiang says, but instead hand out worksheets for the students to fill
out. She also notes that CEP has a practice of hiring inexperienced teachers.
According to state figures, the average level of experience of the teaching
staff at Forrest Hill is less than a year. Kilgore, the CEP consultant, argues
that few quality teachers want to work at an alternative school. "They are
either committed to making a difference," she says, "or else a new teacher
starting out." But at least one other alternative school attracts far more
senior teachers: The average level of experience at Fulton County's McClarin
Alternative School is 19 years. The ACLU also alleges that students often are
manhandled by the school's staff, that teachers have even thrown textbooks at
the children in their rooms. CEP denies there is any student mistreatment.
"Inexperienced teachers are a recipe for problems," says GSU's Freeman. "These
kinds of schools are special places and full of a challenging population of
kids." Most of CEP's teachers aren't instructing in their fields of expertise
either. According to state records, of the 76 total core classes taught at
Forrest Hill, only 45 percent are taught by "highly qualified" teachers – those
who have majored in the subject they teach. The statewide average is 96 percent.
"We're very deeply concerned, especially in an alternative school setting where
you need highly-qualified educators to work with the children," says Georgia
Association of Educators President Jeff Hubbard, whose group has lobbied against
privatizing schools. "We don't think students should be put in a situation where
a company is trying to make a profit off their education." CEP says it spends
$9,300 per student compared with $12,406 per pupil for the rest of the students
in Atlanta's public school system. The company contends the school saves money
because it doesn't have to offer such activities as sports or music programs
that are required in regular school programs. But Freeman's skeptical. While the
savings sound efficient, he stresses that, in education, you generally get what
you pay for: "These kids need a lot; they're needy kids. You need to spend more
money on them than typical schools. If they are spending less, I'd want to know
why it costs less to educate a student with exceptional needs. Where are they
saving money? What are they subtracting and is it good? Are they saving money by
hiring less experienced teachers who have no training in dealing with these
kids?" Freeman is careful to say he hasn't studied Forrest Hill enough to make
an ironclad assessment. But, he says, "I know people who teach in alternative
schools. It's not an easy environment. It usually requires very special teachers
who can work with those kids. It's a big challenge." The Rev. Darryl Winston is
angry that he sees many of the same issues raised in the ACLU lawsuit that led
him to confront CEP officials four years ago. And his anger isn't just directed
at the company. "We need a statement from Superintendent Beverly Hall that she
takes these allegations seriously and that the APS is looking into them," he
says. "All we got was a statement from the press person that amounted to kind of
'dismissing' it. I've been told as recently as last week that the APS position
is to wait and see what comes out in court." What especially frustrates him is
that no one who isn't behind the walls at Forrest Hill can really know what's
going on there. "CEP has denied every one of the charges, but there's no way to
verify that," Winston says. "We need experts. I've called on the board of
education to launch its own investigation and see if the charges are true. If
they can't, they need a task force appointed by the governor to see what is
going on at CEP." As far back as Houston, CEP officials have had to deal with
complaints that the company's performance needed to be evaluated by independent
parties. "We want to be held accountable for attendance and behavior and
academics," insists CEP's Anthony Edwards. "It's very important to us that we
are a standards-based program." CEP claims students who attended Forrest Hill in
the 2006-07 school year were, on average, performing math and reading on the
third-grade level when they arrived. The school claims that students who were at
the school for at least 150 days made remarkable progress: an increase of 3.2
grade levels in reading and four years in math. Under its Atlanta contract,
however, CEP both administers and grades those tests. There's no independent
verification of the results, but longtime educators say making those kinds of
academic strides in one year is virtually impossible. For a certain percentage
of students who are highly motivated, yes, it can be done; for an entire student
population, unlikely. "Kids with emotional and behavioral problems don't do well
in school," Freeman says. "And kids aren't just going to snap to and start
learning." Chiang says lack of progress on standardized tests make it clear the
PLATO test scores are skewed. Students have told the ACLU that they take the
PLATO tests unsupervised and can ask each other for the answers they don't know.
"CEP claims a pronounced spike in the test scores, but we believe it is because
of PLATO," she says. "In reality, there's no teaching going on." Edwards
downplays PLATO's results. "We are not judged by these," he says. "It's just a
mechanism, a diagnostic tool. The student is given a grade level of
functionality." But the contract with the Atlanta school system says that
Forrest Hill's success or failure will be measured by a combination of results
from PLATO tests and state standardized tests. In addition, if a student who
attends CEP for at least 120 days doesn't show growth in reading and mathematics
of at least one year on the PLATO system, the contract mandates that CEP must
educate that student at no additional cost to the school district until he or
she has reached that level. Patti Welch says her son continues to struggle at
Forrest Hill, and has missed extended stretches of school because he doesn't
want to be there. But she says his disciplinary problems now seem to be behind
him. She plans to take him out of the alternative school at the end of the year;
she wants to home-school him. But ACLU lawyers say the federal lawsuit – which
names the school system, board members and CEP as defendants – is about more
than just eight kids in one school. It cuts to the heart of a public school's
responsibilities to kids who are in the margins, and it raises questions about
the risks of privatizing public education. "We see it as a broader national
problem, the trend of privatization of government functions and warehousing kids
in a school-to-prison pipeline," Chiang says. For the students at Forrest Hill,
it's also about not being forgotten by the officials who sent them there. "The
problem is that Atlanta didn't build in an adequate system for oversight and
evaluation," Freeman says. "You want it written into the contract to have a good
program evaluation. It's got to be done by people who know how to do it, people
not connected to the school department or CEP so there's no conflict of
interest." Freeman says there should be an annual independent review of Forrest
Hill. Evaluators would go into the school, see the teaching methods, and
interview students and teachers and the administrators. "I hope the CEP school
is investigated by people who know what they're doing," he says. "There are good
questions to ask, and they deserve good answers. The school can't answer those
question, they can only provide the information. Somebody else has to be the
evaluator."
Fulton
County Jail
Fulton, Georgia
Trinity Services Group (formerly run by
Aramark)
July 18, 2007 Atlanta Journal-Constitution
Fulton County can't seem to resolve a $4 million deal to provide food
service to county jail inmates, a contract marked by allegations of corruption
and employee misconduct. The board failed to end the controversy again Wednesday
with a deadlocked 3-3 vote on a proposal to keep the current company, Trinity
Services Group, for another year. Commissioners, who have discussed the deal at
length half a dozen times in the past several months, didn't bother Wednesday.
They simply took the latest vote with no discussion. The deal has gone through
several attempts to bid and rebid with three main groups seeking the work all
being ranked No. 1 at different times. The controversy has generated bid
complaints and lawsuits from spurned bidders that continue. Evaluators
recommended Trinity in the latest round of bids completed June 15 over teams
from Gourmet/Aramark and Meat Masters. Meat Masters has filed suit challenging
the bids and the process and seeking award of the deal. The company's lawyer,
Charles Mathis, accused county staff of improperly manipulating bid results to
keep Meat Masters from winning the bid. County attorney O.V. Brantley said he
looked into the allegations but found no reason to call in criminal
investigators. The third bidder, Gourmet-Aramark Correctional Services, also
says it was cheated out of the contract. The company filed a formal bid protest
with the county. The firm also alleged collusion involving the other two bidders
because Meat Masters filed a bid but also was included as a subcontractor on the
winning bid by Trinity.
March 22, 2007 Atlanta Journal-Constitution
Fulton County will take a step back and ask more companies to bid on a
contract to feed inmates at the Fulton County Jail. Fulton's County Commission
voted unanimously Wednesday for a 90-day deferral on a vote to hire a food
service provider for the jail and satellite facilities. County purchasing
officials are to use the delay to advertise the contract in national
publications that cater to the corrections industry. Commissioners weren't
pleased by a staff recommendation to hire Gourmet-ARAMARK Correctional Services,
which the county fired two years ago. Some commissioners drilled into the
county's purchasing guidelines because they give a big bonus to companies that
have an office in Fulton County. Commissioner Robb Pitts said Gourmet-ARAMARK
would have won the contract even if all three bidders had scored the same in
every category but one — location. For the sole reason that it was the only
company with a physical address in Fulton County, the company outscored its
competition and won the staff's recommendation, Pitts said. Chairman John Eaves
said he didn't understand why Gourmet-ARAMARK got the nod when its $4 million
bid was the highest of the three that were submitted. It was about $1 million
higher than the low bidder. Eaves made the motion to defer the vote. Felicia
Strong-Whitaker, a deputy director of the county's purchasing department, said
the county's purchasing guidelines state that cost makes up 25 points of the
formula used to recommend a company for this type of contract. A company gets an
automatic 10 points if it has an office in Fulton County, she said.
February 21, 2007 Atlanta Journal-Constitution
Amid allegations of bid rigging and corruption, Fulton County commissioners
agreed Wednesday to rebid a lucrative food service contract at the county jail.
County Attorney O.V. Brantley said Wednesday she's launched a probe into the
allegations, but Commissioner Robb Pitts said any investigation should be turned
over to state or federal agents. "Someone seems hell bent on giving the contract
to this firm," Pitts said. "I'm going to find out why.... This is serious
stuff...This needs to be investigated, not in house but by someone outside." The
Trinity Services Group won the original contract in 2005, but it expired more
than a year ago. When it was rebid in December, Trinity received the
recommendation, even though it was the highest bidder of the three, according to
county records. One of the firms that was rejected filed a formal protest with
the county, and the other filed a letter, also with the county, claiming
employees were pressured to change bid evaluations to ensure that the deal
stayed with Trinity. Charles Mathis Jr. said his client, Meat Masters Inc., was
the rightful winner of the contract with a bid that was $850,000 lower than
Trinity's $4.1 million offer. They only failed, Mathis said in his letter,
because county employees were pressured to doctor the bid evaluations. "Meat
Masters should legitimately be awarded the contract," Mathis wrote. Two county
employees, Sgt. Chandra Hall and former Chief Jailer Charles Felton, provided
written statements to Meat Masters that they had been directed to change the
contract evaluations to boost the results for Trinity. The Board of
Commissioners has copies of the letters, which were also obtained by the Atlanta
Journal-Constitution. Both said they were threatened that if they went before
commissioners with Meat Masters as the bidder they would be hammered. The other
bidder, Gourmet-Aramark Correctional Services, has alleged collusion involving
the other two bidders since Meat Masters was included as a subcontractor on the
winning bid by Trinity. Lawyer Michael Coleman, who served as hearing officer
for the complaint, issued a ruling on Feb. 16 that recommended Fulton rebid the
deal. "Due to the questions raised by the county's rejection of
Gourmet-ARAMARK's proposal and the collusion claims involving Trinity and Meat
Masters, the appropriate remedy is to cancel the current RFP and re-issue a new
RFP," Coleman found.
August 4, 2004
A company accused of serving bad food to senior citizens is moving on.
Aramark has voluntarily given up a $700,000 contract to prepare food for seniors
and the homebound in Fulton County. An 11Alive News investigation last
month revealed numerous complaints about the company’s services ranging from
spoiled and outdated milk to deliveries of fish that were not fully cooked,
clumps of grease on food and one report of a roach found embedded in meat.
Earnestine Yarborough, a senior citizen, said she got chicken that was badly
undercooked. "It was pink water running out of it and pink next to the
bone,” Yarborough said. (11alive.com)
Gainesville Jail
(North Georgia Detention Center)
Gainesville, GA
CCA
July 31, 2009 Gainesville Times
Attorney David Kennedy says clients of his who have been held in immigration
detention centers in South Georgia and eastern Alabama routinely are denied
fundamental rights. "I have had clients who have had no access to phones for
extended periods of time. I have had clients being questioned and induced into
signing things they did not understand," said Kennedy, a Gainesville immigration
lawyer. "I have had clients complain they were stuck in their cells for 23 hours
a day. There’s definitely a problem with immigration detention in this country."
On the eve of a new immigration detention center opening in Gainesville, a
report issued this week by National Immigration Law Center appears to validate
Kennedy’s complaints. The report, based on confidential Immigration and Customs
Enforcement documents obtained in litigation, alleges there are pervasive
problems throughout the country’s immigration detention facilities, many of
which are operated by private contractors. Detainees are routinely denied
visitation with family members, access to legal materials and regular
recreation, according to the report. Many never get an explanation of their
rights while being detained, the report claims. "The conditions are much more
harsh than they ought to be," said the report’s co-author, Ranjana Natarajan.
"This is a civil detention, and these folks are being treated like hardened
criminals." The Corrections Corporation of America could begin boarding
immigration detainees at its new North Georgia Detention Center on Main Street
as soon as next week. The site of the old county jail adjoining the Hall County
Sheriff’s office underwent $4 million in renovations and is being leased from
Hall County for $2 million a year. CCA operates the detention center through an
agreement with ICE and the county. This week, ICE officials did not deny the
allegations contained in the report, vowing to continue to improve conditions.
But Department of Homeland Security officials recently decided against creating
uniform detention center standards that the National Immigration Law Center
wants. ICE is supposed to conduct yearly evaluations of every detention center,
but has no enforceable, binding legal rules on how inmates are treated,
according to the report. "It creates a lot of gray area," Natarajan said.
"Because (detention centers) are not expected to follow the rules, they’re all
over the map." ICE spokeswoman Barbara Gonzalez said agency officials "feel the
NILC put together a very thoughtful report, and we will carefully review and
take seriously this report, as we would any report. We are committed to
continuously improving our immigration detention system." Gonzalez noted that
within 10 days of taking office, Secretary of Homeland Security Janet Napolitano
ordered all immigration enforcement policies to undergo a review, "including
detention." In February, Napolitano appointed former Arizona Department of
Corrections director Dora Schriro as a special advisor for detention and
removal. "Her position was created to focus exclusively on the significant
growth in detention and detainment in the last few years," Gonzalez said. On any
given day, ICE holds about 33,000 immigration detainees in facilities across the
country, and supervises another 17,000 people facing deportation through
electronic monitoring and other means. The National Immigration Law Center
estimates that in 2008 about 220,000 people were held in detention centers prior
to deportation. The typical stay is 30 to 90 days. The Gainesville facility
operated by CCA is expected to hold about 500 low- and medium-security
immigration detainees, many of them from North Carolina. CCA spokeswoman Louise
Grant referred questions on this week’s report to ICE officials, but noted that
"CCA does adhere in every one of our ICE detention facilities to the detention
standards set by our customer." The company also has ICE officials on site for
detainee access, Grant said. This week’s report prompted two U.S. senators to
call for a change to the system. Sen. Robert Menendez, D-N.J., and Sen. Kirsten
Gillibrand, D-N.Y., on Thursday introduced the "Strong Standards Act," a
proposed bill that would set minimum detention standards and require the
Department of Homeland Security to ensure that laws concerning the treatment of
detainees are enforced. "These legislative initiatives will help reinforce what
our great country has always stood for: liberty, the rule of law and basic human
rights," Menendez said in a statement. To Kennedy, anything would be an
improvement. "If we’re comparing these (detention centers) to their Turkish
counterparts, they’re pretty good," Kennedy said. "But by U.S. standards,
they’re pretty poor."
May 14, 2009 Gainesville Times
The private entity that soon will run the North Georgia Detention Center in
Midtown Gainesville has asked the Gainesville Police Department to provide
police assistance when the facility opens this summer. It doesn’t appear that
city officials have any intentions of doing so. Police Chief Frank Hooper told
the City Council Thursday that Corrections Corporation of America sent him a
memorandum of understanding that requests assistance from the police department.
The agreement would call for the police department’s assistance in quelling
riots and other criminal activity at the immigration detention center, he said.
City Council members opposed the idea. City Attorney James E. "Bubba" Palmour
also advised them against entering into the agreement, which offered the city
police department indemnification from any wrongdoing, Hooper said. Palmour said
no amount of indemnification would protect the city if a "full-blown problem"
arose at the facility, which will be housed in the old Hall County Jail on Main
Street. "Once you have a death or a serious injury in a jail, it will take you
five or six years to get through the litigation," Palmour said. Hooper said the
city police department is not equipped with the training or equipment to deal
with jail riots. "We shouldn’t be, because we’re a municipal police department,"
City Manager Kip Padgett said. Most council members said that any police
protection should be the responsibility of the Hall County government, which is
leasing the facility to CCA. "It sounds like the county commission needs to step
up and accept full responsibility for that facility," said Councilman George
Wangemann. Councilman Danny Dunagan also said any security responsibilities at
the facility should fall on the Hall County Sheriff’s Office. He said the county
should use the $2 million in annual revenue it receives from leasing the
facility to CCA on providing police assistance. But sheriff’s Col. Jeff
Strickland said the county agency this week signed a similar agreement with CCA
and a separate agreement to house the North Georgia Detention Facility’s inmates
in an emergency if there is room at the Hall County Jail. The agreement the
county signed states that the Gainesville Police Department will be the agency
that is primarily responsible to respond to incidents at the facility,
Strickland said. "These (memorandums of understanding) are basically for
emergency situations, which of course, the Gainesville Police Department does
have the primary responsibility for," Strickland said. "However, if the
Gainesville Police Department requested our assistance, then, of course, we
would respond accordingly." Steve Owen, director of marketing and communications
for the private jail operator, said if the city does not sign the agreement, it
will not cause any problems for the North Georgia Detention Center. He said the
memorandum of understanding sent to Gainesville officials was an effort to "get
a working relationship" with local law enforcement agencies. Although Owen would
not comment on specific concerns city officials cited Thursday, he said CCA
officials were "more than happy to continue to have dialogue" with the city. "We
want to be good neighbors," Owen said. The road to a working relationship
between the city and CCA has been a rough one thus far. CCA’s plans to start
operating the detention facility on Main Street conflict with the city’s dreams
of a redevelopment in Midtown chock full of high-rise hotels, office buildings
and walking trails — dreams that don’t include razor wire. Many of the problems
between the city and CCA spring from a conflict the city has with the county
over the future of the jail property. City officials announced their intentions
to buy the property in late 2007. The deal never went through and both the city
and county disagree on why the contract allowing the city to purchase the
property was never signed. In the last round, city officials halted inspections
and refused to issue building permit for renovations on the Main Street Jail,
but later reneged "in the spirit of moving forward." However, Thursday, there
still seemed to be some kinks in the relationship between city, county and CCA
officials as Dunagan commented that the corporation taking over the Main Street
jail is "notorious for mistreatment" of inmates — an allegation to which Owen
responded that the fact that CCA operates in nearly half the states in the
country, many of which have increased their utilization of CCA services, should
speak for the company’s track record, he said. "I hope the county commission is
real happy with what they’ve done," Dunagan said.
April 2, 2009 Gainesville Times
Gainesville City Council members met Thursday with the operators of the North
Georgia Detention Center, and some say they still aren’t impressed with the
efforts the jail operators are making to dress up the building’s exterior. The
facility sits in the heart of Gainesville’s Midtown — an area where city
officials have their sights set on beautification projects and redevelopment.
Razor wire isn’t in those plans. The City Council has expressed its
disappointment that Corrections Corporation of America, the private jail
operator that soon will house immigration detainees in the old Hall County Jail,
has no plans to take down the razor wire surrounding the facility. A CCA
spokeswoman told The Times last week that razor wire is standard for all the
company’s facilities. The company met with council members separately Thursday,
showing them efforts to beautify the property. Councilman Robert "Bob" Hamrick
said the company had plans to lower the razor wire, paint the fence surrounding
the facility and plant junipers around it. "Well, it’s not exactly what we
wanted," Hamrick said. "We were laboring under the thought that the fencing and
the razor wire, this sort of thing, would be taken down." Councilman Danny
Dunagan said he was not impressed, either. Dunagan and Mayor Pro Tem Ruth Bruner
met with CCA officials together. He said CCA officials told him of plans to
plant Leyland cypress trees around the fence to eventually help cover the
appearance of a jail. "In my eyes, that’s not enough," Dunagan said. "I don’t
want to wait two or three or four years for the cypress to get big enough to
hide it. I want it hid right now." Bruner and Councilman George Wangemann did
not return calls requesting comment Thursday night, but Dunagan said Bruner
"didn’t seem to think it was enough for her, either."
March 28, 2009 Gainesville Times
The Gainesville City Council is refuting comments made by Hall County
Commission Chairman Tom Oliver to The Times regarding an agreement for the city
to purchase the old county jail on Main Street. Oliver told The Times on
Thursday that a 2007 contract securing the city’s purchase of the jail property
expired in February 2008 and the city never signed it. But city officials said
in a statement Friday that Hall County Attorney Bill Blalock instructed them not
to sign the contract, which Blalock denies. In December 2007, the city announced
plans to buy the jail from the county for $4 million with the understanding that
the county could lease the facility to Corrections Corporation of America for
seven years. The city would then have the option of razing the facility to make
way for new development. Oliver said Thursday the contract for the purchase was
hand-delivered to the city. "I don’t know what they did with it once they got
it," he said. But city officials say they were told to hold off on signing the
agreement until further notice from the county. "As the agreement was being
finalized, (Blalock) told the city not to sign it because they were still
working out some issues," according to the statement. "Blalock said if the city
signed the agreement first, the city’s portion would be null and void. Blalock
further commented that he would let the city know when the county had worked out
the issues." Blalock denied the statement Friday, however, and said there would
have been no reason for him to tell city officials not to sign the contract.
Oliver also said he was unaware of any instructions against signing the
contract. "That’s absolutely not true," Blalock said. "I don’t give city advice.
I represent the county; they’ve (city officials) got their own lawyer." Blalock
said, according to his records, the arrangement with CCA was finalized Jan. 24,
2008, and the final draft of the contract was delivered to the city’s former
manager, Bryan Shuler, on Jan. 30. "I sent it to Bryan Shuler," Blalock said.
"It was hand-carried to his office, and there were no instructions about not
signing it. It was for them to consider whether or not they wanted to go forward
with it. I never heard another word from them." Late last year, the county
announced a 20-year lease for the jail property with CCA at a rate of $2 million
a year. The newly renamed North Georgia Detention Center is expected to open in
April or May. City officials said they knew nothing about the county’s agreement
with the private prison operator until they read it in The Times. City Manager
Kip Padgett said city attorney James E. "Bubba" Palmour and Shuler handled the
deal. When CCA officials met with city officials, they indicated they had no
prior knowledge of an agreement between the county and the city, Padgett said.
The statement city officials released Friday said Palmour is "evaluating the
situation of CCA and says the city will act accordingly based on local
ordinances involving zoning, building and a business license."
March 27, 2009
Gainesville Times
Hall County officials say Gainesville City Council members who are unhappy
about a private prison company’s long-term plans for the old county jail were
given a chance to buy the property in a formal contract but never followed
through. This week, council members Ruth Bruner and Danny Dunagan and City
Manager Kip Padgett made public their disappointment in future plans for the
jail adjacent to the Hall County Sheriff’s Office on Main Street. The building
will house about 500 immigration detainees through an agreement between Hall
County and the federal Immigration and Customs Enforcement agency, and a county
contract with private corrections company Corrections Corporation of America.
Padgett and Gainesville Planning Director Rusty Ligon met Tuesday with CCA
officials. They referred questions about the meeting to City Attorney James
“Bubba” Palmour, who said he was unavailable to comment Thursday. Council
members said after the meeting they had hoped that the company would take down
the razor wire surrounding the facility, and that they had believed the facility
would hold low-risk, minimum security detainees. City officials said the razor
wire creates an aesthetic eyesore in an area of midtown the city plans to
revitalize. Dunagan also said city officials were under the impression that when
county officials signed a lease agreement with CCA, they also would finalize a
purchase agreement with the city. That plan, as first made public in December
2007, called for the city to buy the jail for $4 million, with the agreement
that the county could lease the facility to CCA for seven years. The city would
then have the option of razing the facility to make way for new development.
Late last year, the county finalized a 20-year lease for the property with CCA
at a rate of $2 million a year. The newly-renamed North Georgia Detention Center
is expected to open in April or May. “The county went ahead and signed the
contract with CCA with no communication with the city as to what was going on
and what their intentions are,” Dunagan said. “We had to find out the hard way
that they’d already signed the agreement.” Hall County Commission Chairman Tom
Oliver on Thursday pointed to a contract prepared late in 2007 that was
hand-delivered to city hall. The purchase agreement negotiated between the city
and county had an expiration date of February 2008. It was never signed. “It was
couriered to them,” said Oliver, who provided a copy of the 25-page contract to
The Times. “I don’t know what they did with it once they got it.” Louise Grant,
a spokeswoman for CCA, said Thursday that the company will house low and
medium-security detainees, but no maximum-security detainees. Certain security
measures, including razor wire, are standard for all CCA facilities, she said.
“When we operate a facility, we operate it at a certain level, period, because
we’re one of the safest, most secure correctional systems in the United States,
and we’re very proud of our record,” she said. “Razor wire is part of our
security protocol, and ICE has come to expect that.” Grant said she believes
there may be a misunderstanding as to the type of detainees to be housed at the
old jail. “Using the term ‘maximum security’ would be completely inaccurate,”
she said. Most of the immigration detainees at the facility will have not been
convicted of a crime, she said. Those that have would have already served out
their jail sentences at sites such as Charlotte’s Mecklenburg County Jail, she
said. “If ICE wasn’t detaining them for their administrative (deportation)
process, they would already be out on the street,” she said. “They’re going to
be held in our facility for a short duration of time while they’re being
processed.” The average detainee will stay at the facility between 30 and 90
days, she said. Grant said CCA officials are sensitive to the concerns of local
leaders.
March 25, 2009 Access North GA
Gainesville City officials said Wednesday Nashville, Tennessee based Corrections
Corporation of America plans to house maximum-security convicted felons in
addition to illegal immigrants awaiting deportation at its leased facility in
the former Hall County Jail on Main Street downtown. CCA announced March 9th
under a five-year Inter-Governmental Service Agreement between Hall County and
U.S. Immigration and Customs Enforcement ( ICE),CCA will house up to 500
detainees at the facility. CCA said it would lease the site from the county for
an initial term of 20 years with two five-year renewal options; The company
currently anticipates opening the facility possibly the end of April and expects
it to be fully occupied year’s end. “We found out yesterday (Tuesday) they’re
going to house convicted felons and that we’ll have to have maximum security so
the razor wire will not be going way,” Councilman Danny Dunagan said. “That’s
not what we were told in the beginning.” “Also we were told in the beginning
we’d be able to buy the property and the jail would go away in eight years and
evidently that went by the wayside also.” Mayor Pro Tem Ruth Bruner said she had
hoped Midtown would eventually be rid of the jail with its fence and razor wire
in the heart of Midtown. “Now it’s a security issue,” Bruner said. “And it seems
to me a blatant lack of concern on the county’s part about the citizens of
Gainesville to want a corrections facility with maximum security prisoners right
in downtown Gainesville in the part we’re trying to beautify right next to a
park and where a hotel could look down on razor wire.” City Manager Kip Padgett
said it was Council’s understanding CCA would be running a minimum-security
facility for illegal aliens. “The understanding Council had was that it would a
minimum security type facility house people awaiting deportation,” Padgett said.
“Now we’re not so sure.”
March 23, 2009 Atlanta Journal-Constitution
A new detention facility planned for the heart of its Midtown district has
some Gainesville officials wringing their hands. The city, in talks with Hall
County and Corrections Corporation of America, wants to insure that the new
prison, which will house up to 502 U.S. Immigration and Customs Enforcement
detainees, meets its idea of urban revitalization. The city began a project 10
years ago to clean up the rundown area and invested $250,000 in a study to map
out a revitalization strategy, said City Councilman Danny Dunagan. That strategy
did not include razor wire. Nashville-based CCA signed a five-year agreement to
lease the old county jail from Hall County to operate the center on Main Street.
The 20-year lease, with two 5-year renewals, will pay Hall County $2 million
annually. “The last thing we want in downtown for 20 years is a prison,” Dunagan
said. The city has invested a lot in its Midtown revitalization, including a new
police/fire station. Plans also call for a 13-story hotel and two nine-story
office buildings. The city had even worked out a verbal agreement with the
county to buy the old jail, Dunagan said. The plan called for the city to then
lease the facility back to the county so it could sub-lease it to CCA, he said.
But that deal would have run for eight years, Dunagan said, then the city would
have the option of shutting it down. Councilman George Wangemann said the city
is behind the economic boost the prison could bring to the city, but he wants it
to fit in with the aesthetics. Louise Grant, CCA marketing and communications
director, said that while the company is in the business of operating prisons,
it is working to resolve the aesthetics issue with the city. “Safety and
security is our first and foremost priority,” she said. “We’re making a $4
million investment to upgrade the facility.” Grant said razor wire is common at
all its 60 facilities, but alternative fencing is being discussed. Since last
week’s announcement of the prison opening, CCA has received some 500
applications for the approximately 120 jobs available, Grant said. Since last
week’s announcement of the prison opening, CCA has received some 500
applications for the approximately 120 jobs available, Grant said. Officials
with Hall County did not return phone calls.
Georgia Board of Pardons and
Paroles
June 2, 2006 Atlanta Journal-Constitution
Former prisons chief and parole board member Bobby Whitworth has been
ordered by a Fulton County judge to begin a six-month sentence June 12 on a
felony conviction for taking illegal payoffs. Whitworth, convicted in December
2003, had asked Fulton County Superior Court Judge Ural Glanville that he be
allowed to serve the six months in the Gwinnett County jail — about two miles
from his Lawrenceville home. Glanville's order, which was signed Tuesday, was
made public Friday. The Department of Corrections, which Whitworth headed from
1990 to 1993, has made arrangements for Whitworth to serve his time in a federal
prison in Florida. Peggy Chapman, a spokeswoman for the state Department of
Corrections, said officials will move forward to place Whitworth in federal
custody. "We do have a contract with the Federal prison system to place
high-profile prisoners," Chapman said in a statement. "We will continue work
with them to decide placement." Whitworth was convicted of taking a $75,000
payoff to influence legislation that could financially benefit a private
probation company while he was on the state Board of Pardons and Paroles. In
addition to the six month sentence, Whitworth must serve the remainder of a
five-year sentence on probation and pay a $50,000 fine.
October 12, 2005 Atlanta Journal Constitution
Former state prisons chief Bobby Whitworth seemed upbeat
in June as he appeared before the state Court of Appeals to ask that his felony
conviction for illegally influencing legislation be tossed out. But the
appellate court recently affirmed his conviction. A jury convicted Whitworth in
December 2003 of taking a $75,000 payoff while he was a member of the state
parole board to initiate and push through 2000 legislation that financially
benefited his friend's private probation company. He was ordered to serve six
months behind bars but remains out on bond while appealing the sentence and
conviction.
June 3, 2005 Atlanta Journal-Constitution
Former state prisons chief Bobby Whitworth seemed upbeat
Thursday as he appeared before the state Court of Appeals to ask that his felony
conviction for illegally influencing legislation be tossed out. More than a
dozen relatives and friends came to support Whitworth as defense attorney Jack
Martin argued that the prosecution appeared to be tainted from the outset. A
jury convicted Whitworth in December 2003 of taking a $75,000 payoff while he
was a member of the state parole board to initiate and push through 2000
legislation that financially benefited his friend's private probation company.
He was ordered to serve six months behind bars but remains out on bond while
appealing the sentence and conviction. Martin said special prosecutor J. Tom
Morgan, who had been appointed to the case by Gov. Sonny Perdue, had a hidden
agenda to secure a criminal conviction against Whitworth, once one of Georgia's
most influential state officials. "Mr. Morgan had a bias, an interest, a
stake in the case," Martin argued. Morgan, then-DeKalb district attorney,
was in negotiations for a lucrative job with Balch & Bingham, a law firm
that once had represented Lisa Thompson, the whistle-blower in the case who
testified against Whitworth.
June 2, 2005 Atlanta
Journal-Constitution
Former state prisons chief Bobby Whitworth, once one
of Georgia's most influential state officials, will be back in court today to
ask the state Court of Appeals to toss out his conviction for illegally
influencing legislation. A jury convicted Whitworth in December 2003 of taking a
$75,000 payoff while he was a member of the state parole board to initiate and
push through a 2000 bill that financially benefited a friend's private probation
company. Fulton County Superior Court Judge Alice D. Bonner sentenced Whitworth,
56, to serve six months in the prison system he once oversaw. Whitworth
also was ordered to remain on probation for 4 1/2 years, to perform 100 hours of
community service, and to pay a $50,000 fine and $50 a month in probation
service fees. Whitworth's was the first known
conviction in Georgia under a rare statute that makes it a felony to accept
anything of value in exchange for influencing the passage or defeat of
legislation. Gov. Sonny Perdue appointed then-DeKalb District Attorney J. Tom
Morgan as special attorney general to handle the Whitworth case. Martin alleges
that Morgan had a conflict of interest because he was in negotiations for a
"lucrative job" with Balch & Bingham, a law firm that once had
represented Lisa Thompson, the whistle-blower in the case. Morgan, now in
private practice, accepted a job with the firm after Whitworth's trial.
Whitworth has acknowledged accepting $75,000 from DMS, the private probation
company formerly co-owned by his close friend, Lanson Newsome. But Whitworth
insists the money was for providing guidance and connections to help Newsome
expand DMS into Gwinnett, Clayton and other counties. Prosecutors allege that
the money was a reward for initiating and ensuring the passage of a 2000 bill
that removed misdemeanor offenders from state prison and probation systems and
returned them to individual counties to complete their jail time or probation
stints. Prosecutors contend that the bill was a financial windfall for private
probation companies — like DMS — that would seek contracts with counties to
provide those services.
January 8, 2004
Former state parole board member Bobby Whitworth was sentenced Thursday to serve
six months in jail and to pay a $50,000 fine. Whitworth was convicted last month
under a corruption statute that makes it a felony crime for a state employee to
accept anything of value in exchange for influencing the passage or defeat of a
bill. Whitworth, 56, a former state corrections commissioner, was
convicted of accepting a $75,000 payoff in March 2000 from a private probation
company to initiate and ensure the adoption of legislative that could
financially benefit the company. (Atlanta Journal-Constitution)
December 19,
2003
Former Gov. Roy Barnes testified Monday he would not have signed legislation had
he known of a business relationship two state officials had with a company that
could benefit from its passage. In a rare court appearance by a sitting or
former Georgia governor, Barnes told Fulton County jurors that he had a policy
against even the appearance of a conflict of interest. He testified in the
public corruption trial of Bobby Whitworth, a former member of the state Board
of Pardons and Paroles. (The Atlanta Journal-Constitution)
December 11,
2003
Prosecutors delivered their final blow Friday to a former state parole board
official on trial for public corruption -- and it was a wallop. The
surprising testimony of the state's final witness prompted defense attorneys to
make repeated requests for a mistrial. Tracy Masters, director of legal
services for the state Board of Pardons and Paroles, testified that defendant
Bobby Whitworth, a former influential parole board member, wasn't forthright
about his business dealings with a private probation company. Masters told
jurors that if he had known all of Whitworth's financial dealings, he would have
told him "it was improper, a direct conflict of interest and was
unlawful." Whitworth, also a former state corrections commissioner,
is charged with accepting money while a state employee in exchange for
influencing legislation. A conviction could bring up to five years in
prison. Prosecutors allege that Whitworth accepted a $75,000 check in
March 2000 from Detention Management Services, a private probation services
company co-owned by a close friend of Whitworth, Lanson Newsome. Legislation
that was considered a windfall for private probation companies such as DMS
passed that same month. On Thursday, a California businessman testified
that Newsome told him Whitworth received $75,000 from DMS to help with the
legislation. On Friday, Masters testified that he drafted the bill at the
request of Whitworth. He also said Newsome sat in on parole board staff meetings
about the bill during the legislative session. Whitworth maintains he is
innocent. He acknowledges taking the $75,000 from DMS but claims the money was
for consultation work unrelated to the legislation. Whitworth, considered
an expert on the corrections system, helped Newsome's firm grow by giving him
guidance and contacts, his attorney, Jack Martin, told jurors. Masters
said then-parole board Chairman Walter Ray and Whitworth came to him for legal
advice in 1999. Ray asked if there was an ethical problem with his helping a
private probation company expand into South Georgia. "I said: 'If you
have been offered this position because of your position on the parole board
. . . I know that is improper and unethical,' " Masters
testified. Masters said Ray assured him that wasn't the case. Masters said
he still cautioned Ray and Whitworth that the arrangement gave the appearance of
a conflict of interest and that such an appearance alone violated an executive
order by the governor. Whitworth asked Masters for legal advice in 2001,
after several news reports questioned why he and Ray were paid consultants for a
private company when they were state employees. Whitworth told Masters he
had been on a retainer to advise DMS and he was supposed to get paid $25,000 a
year, the lawyer testified. Payments stopped when Newsome's business
slowed. Whitworth "told me he wouldn't be paid until the business
sold or the business improved," Masters told jurors. The legislation
brought more business, and Newsome soon sold DMS for $8.2 million.
Whitworth initially said he needed the money to pay his income tax bill, Masters
testified. Whitworth later claimed that Newsome might transfer a lakeside lot to
Whitworth as payment for his services to avoid income taxes, Masters
testified. "He [Whitworth] immediately said: 'I guess from now on I
need to say I was paid the money with intent to use it to purchase a lot,' and
from then on, that was the story," Masters testified. Claiming he had
been "blindsided" by the testimony, Whitworth's attorney bolted from
his seat and asked for a mistrial. Martin claimed prosecutors were accusing
Whitworth of possible income tax evasion or at least "a bad act"
unrelated to this case. Fulton Superior Court Judge Alice D. Bonner told
the jurors to disregard that portion of Masters' testimony, but she didn't
declare a mistrial. The defense will begin calling witnesses Monday.
(The Atlanta Journal-Constitution)
January 5, 2003
If the former head of Georgia's prison system is sentenced to do time, he
probably won't spend it behind the bars of a state institution. Bobby
Whitworth was convicted Wednesday by a Fulton County jury of using his position
as a member of the state parole board to influence the passage of legislation in
exchange for $75,000. Whitworth's sentencing on the felony charge is scheduled
for Jan. 8. He could be sentenced to up to five years in prison. Whitworth
worked for the Corrections Department for 20 years, and was commissioner from
1990 to 1993. (The Atlanta Journal-Constitution)
September 26, 2003
A Gwinnett County grand jury indicted former state parole board member Bobby
Whitworth on Thursday on two felony counts of influencing another state official
in exchange for money, according to court records. Whitworth is accused of
attempting to influence action by Orlando Martinez and Ronnie Lane, who in 1999
were, respectively, commissioner and deputy commissioner of the Department of
Juvenile Justice. Whitworth -- who was then a member of the Board of Pardons and
Paroles -- allegedly tried to get Martinez and Lane to prevent a juvenile
detention facility in Ocilla from closing. Whitworth was a paid consultant for
the Bobby Ross Group, a company that had a contract to operate the South Georgia
facility. The Ocilla center was eventually turned into a facility for
adult parolees, and was closed in 2002. Jack Martin, Whitworth's attorney,
said Thursday his client expected the indictments. "We're anxious to get in
court and present our case, and we believe the charges are totally unfounded and
when all the facts are considered he will be cleared." Whitworth also
faces one felony count in Fulton County. On Thursday, he pleaded not guilty to
attempting to influence legislation in exchange for money. In that case,
Whitworth is accused of using his position on the parole board to influence
passage of legislation in 2000 that financially benefited Detention Management
Services, a company from which Whitworth had accepted consulting fees.
(The Atlanta-Journal Constitution)
July 27, 2003
Bobby Whitworth, who spent nearly three decades keeping Georgia's convicted
criminals behind bars order deciding which ones could go home early, was
indicted Friday on a felony charge of public corruption. Whitworth, as
commissioner of the Georgia Department of Corrections and later a member of the
state Board of Pardons and Paroles, earned a reputation as one of the most
powerful and knowledgeable figures in the corrections industry. It is the
first time a parole board member or Corrections commissioner has been charged
with a felony related to his duties, according to spokesmen for each
agency. Whitworth, 56, turned himself in and was booked into the Fulton
County Jail at 2:41 p.m. Friday, just a few hours after special prosecutor J.
Tom Morgan secured an indictment from a county grand jury. Whitworth was
released about 5 p.m. on $5,000 bond, according to Lt. Clarence Huber of the
Fulton Sheriff's Office. If convicted, Whitworth could spend as long as
five years in the prison system he once oversaw. Whitworth's attorney,
Jack Martin, said the charge against his client is "false" and that
Whitworth is looking forward to a trial to be cleared. The felony charge
follows a lengthy corruption investigation into the actions of Whitworth and
former Board of Pardons and Paroles Chairman Walter Ray. Both resigned in
June 2002 after widespread publicity about the investigation. Morgan did not
seek an indictment against Ray, a former state senator from Coffee County. Ray
cooperated in the case and will testify for the prosecution in Whitworth's
trial, Morgan said. The prosecutor said he determined that Ray broke no
laws. "We did not find any evidence that Walter Ray was guilty of a
crime," Morgan said. The prosecutor also said the investigation of
Whitworth is continuing. "There could be charges pending in other counties
as well," he said. Fees questioned Whitworth, whose
career in state government spanned almost 30 years, is accused of violating a
Georgia statute related to the conduct of state employees, said Morgan, who is
DeKalb County district attorney. He was appointed in April by Gov. Sonny
Perdueto investigate the case. The law prohibits state employees and state
officials from taking money to influence the approval or defeat of
legislation. Morgan told the grand jury that Whitworth used his position
to illegally influence the adoption of a bill that could have financially
benefited Detention Management Services, a company from which Whitworth accepted
consulting fees. Whitworth accepted $75,000 from DMS the day before the
state Senate passed the bill, Morgan said. The company was owned by Lanson
Newsome, a friend and former Corrections deputy commissioner under Whitworth.
Newsome is not under investigation because making such payments is not illegal,
Morgan said. The legislation "did nothing for the Pardons and Paroles
Board, but DMS profited tremendously from the passage of this," Morgan
said. He noted the company was sold later for $8.2 million. The
legislation turned over supervision of thousands of probationers to private
companies, such as DMS. Whitworth allegedly had instructed parole staffers to
lobby for it. "Bobby has never accepted a dime in order to influence
anyone in state government," said Martin, his attorney. "All he ever
did was urge what he thought was best for the state, and more often than not he
was right." Martin said Whitworth has acknowledged accepting
consulting fees from DMS and the Bobby Ross Group, a private prison company
based in Texas. But the payments were for Whitworth's vast knowledge of the
state's corrections system, not for help in winning enactment of laws favorable
to the companies, Martin said. "Bobby Whitworth is recognized
nationally as an expert in corrections and prisons," Martin said.
"Private companies have retained him to get his expertise and to have the
credibility of his experience on their letterhead." Martin said
prosecutors offered Whitworth a plea deal but that Whitworth turned it down
because he felt strongly he had not committed any crime. Martin would not
discuss details of the offer but characterized it as a "more than
acceptable deal" if Whitworth had committed the crime. According to
several persons familiar with the deal, it would have allowed Whitworth to avoid
a prison sentence by paying a $50,000 fine and serving five years'
probation. Arrangement defended Martin said Whitworth had
checked with parole board attorneys before entering into the consulting
arrangement and that they had advised him it was legal, because the two
companies had no contracts with the parole board. In an interview last year,
Tracy Masters, director of legal services for the parole board, said, "I
did not know which companies they were working for and who the managers of those
companies were. I had no idea Lanson Newsome was involved in it."
Martin described Whitworth on Friday as "upset, confused, angry and ready
to have his day in court." Allegations of corruption at Pardons and
Paroles arose in the summer of 2001, when the board's legislative liaison, Lisa
Phillips Thompson, told then-Gov. Roy Barnes of possible wrongdoing. The parole
board decides which of Georgia's 47,000 prison inmates are released early. The
board also is the sole authority in Georgia that can commute a death
sentence. Thompson was married at the time to Barnes' Senate floor leader
and childhood friend, Sen. Steve Thompson (D-Powder Springs). She told
Barnes that Ray had accepted thousands of dollars from Newsome shortly after she
and other parole board staff members were instructed to lobby for a bill that
was a potential windfall for private probation companies, including
Newsome's. 'Whistle-blower' lauded Whitworth eventually
acknowledged receiving $75,000 from DMS and $135,000 over five years from the
Bobby Ross Group, while Ray said he got $24,500 from Newsome over four
years. On Friday, Morgan commended Thompson for being the
"whistle-blower" who started the investigation. "If she had not
come forward with information, state officials would never have known about
this," he said. Thompson said Friday she had mixed feelings about the
indictment. "I was damaged by this, both personally and
professionally," she said. "While I'm fine now, I'm very sad to see
this happen, especially to someone I've known for so many years. But I did my
legal constitutional duty in reporting what I knew to Governor Barnes and his
chief of staff, Bobby Kahn. At that point, it was out of my hands."
Kahn said Friday the government had done what it had to do. "Our goal from
the start was to make sure this was handled in a proper manner," Kahn said.
"I hate to see anybody undergo legal troubles, but if that's what's
required, that's what's required." Attorney General Thurbert Baker
declined comment Friday. "It would be inappropriate for us to comment
because our office has recused itself from this investigation," his
spokesman said. Baker stepped aside last year after it was alleged that his
office had sought to destroy evidence of improper contact with the parole board
on behalf of an inmate. Barnes then appointed Coweta Judicial Circuit
District Attorney Pete Skandalakis as special prosecutor to take over the
investigation. Skandalakis eventually cleared Baker of any wrongdoing. Pension
not at risk Whitworth began his corrections career in 1973 with the
department's Farm Services division. He became commissioner of the Georgia
Department of Corrections in 1990, but then-Gov. Zell Miller removed him from
that job in 1993 over the handling of a women's prison sex scandal. Miller
appointed him to the paroles board. Whitworth recently started drawing an
annual pension of $104,400. State law terminates pension payments to any
employee hired after July 1, 1985, who commits a felony related to his duties.
Whitworth's service began in 1973, according to the state retirement system, so
his pension would be unaffected if he were convicted. In an interview in
April 2002, Miller praised Whitworth for how he dealt with prison overcrowding
during a budget-breaking recession. "Bobby Whitworth had the
knowledge and the ability that no one else had at that time to figure future
prison space accurately," said Miller, now a U.S. senator. "He had a
very good ability to figure exactly what you could do with the space you had. It
helped me, it helped Georgia, and it helped the system over some very rough
spots." (The Atlanta Journal-Constitution)
June 14, 2002
The two most
influential members of the state
Board of Pardons and Paroles resigned Thursday
as Gov. Roy Barnes appointed a special prosecutor
to investigate them -- as well as Attorney General
Thurbert Baker.
Barnes
named Coweta County District Attorney
Pete Skandalakis the special prosecutor whose job
will be to untangle a budding -- and complicated --
election year scandal that includes allegations of
trading influence for money.
Parole
board Chairman Walter Ray and member Bobby Whitworth
are under
investigation for allegedly lobbying the Legislature on behalf
of a private probation
company that had paid them tens of thousands of dollars in
consulting
fees. Ray
and Whitworth have acknowledged they were paid consultants
for Detention
Management Services, which supervises offenders sentenced to
probation for
misdemeanors.
Two
years ago, the Legislature enacted a law shifting
responsibility for managing
misdemeanor offenders from the state to local governments, a
step some said would
help companies such as Detention Management Services. Ray and
Whitworth deny
they personally pressed legislators for the change.
Ray
was appointed to the board by Gov. Zell Miller in 1996 and
had been chairman
since 1997. A former state trooper, Ray was a state senator
for 12 years and had
risen to president pro tem of the state Senate.
Whitworth,
said to have the most influence on the board, was
appointed in 1993 by
Miller. Before that, he had been head of the state prison
system. (The Atlanta Journal)
June 14, 2002
The state's investigation of two top parole officials began last August
following reports that a firm in the corrections business paid the men tens of
thousands of dollars in consulting fees. Parole board member Bobby
Whitworth and Chairman Walter Ray. Both men acknowledge they were paid nearly
$100,000 between them as consultants to a private probation company, Detention
Management Services. Whitworth said he received a lump-sum payment of $75,000,
and Ray said he was paid $24,500 over a four-year period. Whitworth and Ray
said they were paid to help Detention Management drum up business to supervise
minor offenders sentenced to probation in city and county court systems around
the state. They say they had no conflict of interest because DMS was working
with probationers and not parolees. But, during the same period that the two
men were working for DMS, lobbyists for the parole board were pushing a bill in
the state Legislature that shifted responsibility for supervising all
misdemeanor offenders in Georgia to those same city and county courts. The 2000
law reduced state probation officers' caseloads and created a windfall of
business opportunities for DMS and other private probation companies. (The
Atlanta Journal)
April 12, 2002
One day after a newspaper series reported allegations of corruption at
Georgia's parole board, two Athens parole officers showed up at the home of
James "Tommy" Morris with a "message" for the former board
chairman. Morris, quoted in the articles as saying the board should be
"cleaned up or abolished," was no longer welcome to stop by the parole
office near his home outside Athens. The order had come down through a chain of
command that started with top parole officials in Atlanta. "I guess it was
just to show their displeasure with him," said David McCranie, chief of the
Athens district parole office, who was ordered Tuesday to deliver the message.
Morris, who retired in 1995, had served 22 years on the parole board and was
elected chairman three times. He called the move "childish" and a
"knee-jerk reaction by some emotional people." "It just gave me a
feeling that they're sending a Scud missile out and they're directing it to
me," he said. "They blame me for picking up where Lisa Thompson left
off." Last summer, Thompson, a former member of the parole agency's inner
circle, went to the governor with allegations of wrongdoing by board members
Bobby Whitworth and Chairman Walter Ray. The five-member board decides which
inmates can leave prison early. Thompson's allegations, which surfaced during an
employee dispute, have led to an eight-month criminal investigation by the
attorney general. Investigators are looking into whether Whitworth and Ray
illegally influenced legislation for payment or broke the law when they accepted
tens of thousands of dollars in consulting fees from private companies doing
criminal justice business. Whitworth and Ray deny doing anything wrong. (The
Atlanta Journal-Constitution)
April 8, 2002
Eleven years ago, Gov. Zell Miller publicly berated Bobby Whitworth for
hiring his son Chris to work in the Department of Corrections. "Nepotism
should be stopped, and it should be stopped by department heads," Miller
said in 1991, railing against "family trees" and threatening to fire
anyone who hired relatives. Commissioner Whitworth promptly fired his boy. But
with no laws against nepotism in Georgia and few other restrictions on hiring,
Whitworth and other members of the Georgia parole board continue to dole out
jobs and contracts to friends, relatives and legislators. Whitworth may have
fired his son Chris a decade ago, but today his son Kenny earns more than
$62,000 a year managing the unit that oversees parole's electronic monitoring
program. Just as the Department of Corrections under Whitworth was called the
"department of connections," the Board of Pardons and Paroles could
become known as "pardons and payrolls." Among those on the board's
payroll have been the House speaker's grandson, the son of a secretary for Gov.
Roy Barnes, the daughter of the former House Rules Committee chairman, the wife
of a state agency head, former parole board members, former legislators, a
gospel singer and a wrestler. "It's a conflict of interest, pure and
simple," said Emmet Bondurant, a prominent Atlanta attorney on the board
of Common Cause of Georgia, a government watchdog group. "The public can
never have confidence that contracts or jobs are being awarded on merit if
they're going out to friends and relatives of those in the position to
influence the decision-making process." In 1983, as lieutenant governor,
Miller tried to pass an anti-nepotism law. But no such law exists today, nor
does the state's merit system have guidelines prohibiting nepotism. Georgia is
one of seven state governments without restrictions on nepotism, according to a
study published in the State and Local Government Review. The hiring of friends
and relatives is so ingrained in Georgia's political landscape that lawmakers
have resisted change, Bondurant said. "It's hard to think there would be
many states worse than here." (The Atlanta Journal-Constitution)
April 7, 2002
Charges of corruption and cronyism have enveloped Georgia's parole board.
Critics accuse some board members of lining their pockets through private
contracts and turning the agency into a political dumping ground. At the center
of an eight-month criminal investigation is Bobby Whitworth, a member of the
Georgia Board of Pardons and Paroles. He was also a commissioner of Georgia's
Department of Corrections for four years. In 1993 Gov. Zell Miller forced him
out of his corrections job over his handling of a prison sex scandal, then
immediately appointed him to the five-member parole board. Also under
investigation is Walter Ray, the parole board's current chairman. Although Ray
holds the top title, Whitworth runs the board, observers say. Whitworth and Ray
admit they accepted tens of thousands of dollars from Lanson Newsome, a former
Corrections deputy commissioner and friend of Whitworth's who made millions in
the sale of his private probation business. Investigators want to know whether
the two board members were paid to influence passage of a law that would
benefit Newsome's company. If they were, they could face up to five years in
prison. Under the 2000 law, the state turned over supervision of thousands of
misdemeanor probationers to private companies, creating a potential windfall
for companies such as Newsome's Detention Management Services Inc. The attorney
general and the Georgia Bureau of Investigation also are looking into:
Whitworth's contract with the Bobby Ross Group, a Texas-based private prison
company that paid him more than $135,000 in consulting fees between 1996 and
2001. Whitworth also earns a state salary of $111,509 a year. A $26,000
contract awarded by the board to the wife of the lobbyist for the Bobby Ross
Group. It was given to the wife's company while Whitworth was being paid
consulting fees by the Bobby Ross Group. The contract was awarded with no
competitive bids. Another part of the state's investigation has been devoted to
unraveling a proposal championed by Whitworth and Ray to create a new agency
that would combine probation and parole. The governor's chief of staff and
others say the new agency is Whitworth's brainchild. Given the trend toward
privatizing, a new superagency could be a gold mine for private companies able
to secure contracts with the state. It all started to unravel with a woman
scorned. Few couples in Georgia politics were as powerful and connected as Sen.
Steve Thompson (D-Powder Springs) and his wife, Lisa Phillips Thompson. He's
the governor's Senate floor leader and Barnes' childhood friend. She ascended
to the parole board's inner circle as its legislative liaison for the last six
years. Barnes was in their wedding. The Thompsons spent Christmas Eves with the
first couple. Until last year. That's when Lisa Thompson went from golden girl
to whistle-blower. She told her story to the governor, news reporters and
ultimately the deputy attorney general. According to Bowers, her lawyer,
Thompson believed she was being pushed out of her job because she and her
husband were planning to divorce. She hired Bowers to fight for her job.
"They were trying to capitalize on her relationship with a prominent
legislator to do her duties as the legislative liaison for the board,"
Bowers says. But the employee dispute also prompted her to tell the governor
and his staff of alleged wrongdoing at the parole board, stemming from lobbying
work the year before. During the 2000 session, Thompson had lobbied hard for
the private probation bill --- a top priority of Whitworth's and Ray's, she has
said. The idea was to reduce state probation officers' caseloads by shifting
supervision of misdemeanor offenders to private companies contracted by cities
and counties. But probation is under the control of the Department of
Corrections, not the parole board, so Thompson questioned why the board was
pushing the bill with such determination. Tracy Masters, attorney for the
parole board, says that in early 2000, Whitworth asked him to draft a bill to
remove misdemeanor offenders from state probation and from prison beds.
Whitworth told Masters to consult with a former Corrections staff member who
was experienced in writing legislation. "I initiated the call because
Bobby Whitworth had asked me to draft a bill to that extent," Masters
says. Shortly afterward, Bowers says, Thompson learned Newsome had been paying
Ray while she and other parole board staff had been lobbying for a bill that
opened new markets to Newsome's company. In interviews last summer with WSB-TV
and WAGA-TV, Ray admitted Newsome had paid him $11,000 over two years to drum
up business for his probation company with local officials. Ray now says he
received $24,500 over four years. Whitworth acknowledged he had received a lump
sum of $75,000 from Newsome for the same services. Both argue there was no
conflict because Newsome's business had nothing to do with parole. And they
point to a 1997 law that made it legal for parole board members to hold outside
jobs that don't conflict with their official duties. That law was Whitworth's
idea. He says he pushed for it to protect board members and parole officers who
held outside jobs. But he also says that by fall 1996, he had begun accepting
$1,000-a-month payments from Newsome and $3,000 a month from the Bobby Ross
Group --- months before the new law passed. Personal relationships
have always been the mainstay of Georgia politics. With no nepotism laws,
friends or relatives often work in high places, courtesy of their father the
legislator or their friend the governor. And because of weak ethics laws, doing
business in Georgia often means steering lucrative state contracts to friends.
After helping Orlando Martinez get appointed to run Juvenile Justice, Whitworth
lobbied hard to get him to continue doing business with the Bobby Ross Group.
At the time Martinez took over, the Bobby Ross Group had a sizable contract to
run a juvenile detention facility in Ocilla. Martinez had decided to cancel it
for a number of reasons. Whitworth was then a consultant for Bobby Ross. But
whether or not Whitworth broke the law, his actions were unethical, says Robert
Pastor, chairman of Common Cause of Georgia, a government watchdog group. And
if they're not illegal, "the law should be changed," Pastor says.
"That kind of activity is completely inappropriate, even if his private
activities only indirectly related to his official role," Pastor says.
Whitworth should have known better, says Morris, a board member for more than
22 years. "What's legal and what's right isn't always in concert," he
says, "but . . .any logical human being would know that what he was doing
was wrong." Both Whitworth and Ray say they cleared all their consulting
contracts with their department's lawyer. Masters, director of legal services,
says he discussed with them the types of arrangements that would be legal, but
not specific contracts. (The Atlanta Journal-Constitution)
September 5,
2001
An investigation into alleged improprieties at the state Board of Pardons and
Paroles has expanded to include a review of a contract for testing
services. Officials are looking into whether the deal --- a one-year pilot
program that was not extended --- benefited the wife of a business associate and
friend of board member Bobby Whitworth. Career Mappers Inc. sold the
testing program to the parole board after Dotty Edwards of Spartanburg, S.C.,
introduced the company's executive to state officials, Browning said.
Edward's husband, former South Carolina state Rep. T.W. Edwards Jr., is
registered to lobby the Georgia General Assembly for the Bobby Ross Group or BRG,
a company that operates private prisons. The company also has employed
Whitworth as a consultant. Whitworth's connections to BRG are under
investigation by the attorney general's office and the Georgia Bureau of
investigation. Authorities are looking into $100,000 that Whitworth
reportedly accepted from the firm for monitoring its privately run prisons in
Texas. The investigation also centers on payments that Whitworth and
Walter Ray, parole board chairman, accepted from Detention Management Services,
which had a contract to supervise people sentenced to probation for
misdemeanors. Whitworth has said he received $75,000 for three years of
work for DMS; Ray said his fees totaled $11,000 for two years of work.
Both Whitworth and Ray have denied wrongdoing. (The Atlanta Journal and
Constitution)
July 26, 2001
Georgia's attorney
general is looking into consulting contracts two state
Pardons and Parole Board members had with private security companies to
determine if there was a conflict of interest or ethics laws were broken,
officials said Wednesday.
Russell Willard, a spokesman for Attorney General Thurbert Baker, would not
characterize the inquiry as an investigation. "There are a number of
allegations
out there and we are looking at those allegations," he said. In a
case that has prompted calls for stronger state ethics laws, Parole
Board Chairman Walter Ray and board member Bobby Whitworth acknowledged this
month that they had been paid consultants for the probation company Detention
Management Services, which was sold last year to a firm with state
contracts. Ray, paid $11,000 over two years, and Whitworth, paid $75,000
for three
years
of work, said their job was to introduce DMS owner Lanson Newsome to local
government officials in hopes they would hire the company to supervise
misdemeanor offenders sentenced to probation.
Criticism centered on allegations Ray and Whitworth pushed for a change in
state law that could help companies like DMS. Last year, the Legislature
shifted
supervision of misdemeanor offenders on probation from the state to local
governments. Ray and Whitworth said they never personally lobbied for the
change
--- though employees of their agency did. Parole Board lobbyists said the
change
would reduce the agency's supervisory caseload.
But critics noted the change would provide business for private security
companies like DMS and the national firm that bought it, which were securing
contracts with Georgia cities and counties that became responsible for
incarcerating the prisoners. (The Atlanta Journal and Constitution)
July 10, 2001
A state official admitted to receiving more than $200, 000 from two government
contractors who do business in the criminal justice arena. Bobby
Whitworth, a member of Georgia's Board of Pardons and Paroles, told WSB-TV on
Monday he was within the law when he was hired as a consultant by Detention
Management Services and the Bobby Ross Group. The board of Pardons and
Paroles decides when to release certain offenders from confinement after they
have served part of a prison sentence. Whitworth said the company did no
state business, but he acknowledged lobbying as a board member for a law that
might have created more work for companies like DMS. The Bobby Ross Group
operates three juvenile facilities in Georgia. The mission of the company
is changing to a parole revocation center. Walter Ray, the chair of the
state board of Pardons and Paroles, acknowledged on WSB-TV Tuesday that he too,
received money from the government contractors. However, Jeff Davis,
executive director of Georgia Common Cause, said he has a problem with it.
"When public officials accept money from private companies and then use
their political power to lobby for action or legislation that ends up benefiting
those companies - that raises the appearance of propriety," Davis
said. (AP)
Georgia
Department of Corrections
December 1, 2005 Cedartown Standard
At a meeting with state Sen. Bill Heath and state Rep. Bill Cummings, county
commissioners expressed concerns over proposed legislation that would expand the
power of inverse condemnation. Commissioners also voiced their concerns over
state funding for prisoners housed in county jails. A number of state prisoners
are held in county jails while waiting transfer to state facilities. Currently,
the state reimburses counties $20 per day per prisoner. Chairman Croker said
that the state pays private prisons $45 per day per prisoner. He also said the
cost per day for the county is more than the $20 reimbursed. He suggested the
state increase reimbursement for the counties.
February 14, 2005 Macon Telegraph
The Georgia Department of Corrections plans to cut the
number of its employees monitoring the state's three private prisons on site
from three to one. State
prison officials said the move will be made in a couple of weeks to cut costs.
They said experience with the prisons has led them to believe that monitoring
levels can be safely cut. A
single contract monitor, a mid-level managerial position, will monitor the three
prisons in the future to ensure that sanitation, safety and security are up to
state contract standards. Monitors' logs were compiled in a 2000 state report
that documented a number of problems at the three prisons. Company officials at
the time described the problems as routine startup difficulties.
September 6, 2003
A top Georgia prison executive resigned Friday after making disparaging remarks
about another public safety official at a meeting of wardens. James Doctor
worked for the Department of Corrections for 29 years. As director of the
department's facilities division, Doctor supervised about two-thirds of the
department's employees, including all wardens and officers at the state's 39
prisons. Bud Black, a member of the state Public Safety Board -- which
oversees the Georgia State Patrol and the Georgia Bureau of Investigation --
said he was told Doctor made disparaging remarks about him Wednesday during a
monthly meeting of the state's prison wardens. Doctor acknowledged
Thursday that he told the wardens he had no respect for Black, but he said he
felt he had nothing to apologize for. Doctor could not be reached for comment
Friday. Joe Ferrero, acting commissioner of the Corrections Department,
said he accepted Doctor's resignation Friday morning. The resignation
"stems from comments at a managers' meeting I find unacceptable for a
senior manager of our department," Ferrero said. Acting Assistant
Commissioner Alan Adams has been placed in charge of the department's facilities
division, Ferrero said. Black said Friday that he thinks the department
was right to accept Doctor's resignation. "You hate to see something like
that happen," he said. "But I don't think they had any other
choice." Before Doctor convened the meeting with the wardens in
Forsyth, Black, who once worked for the Corrections Department, went in to greet
some of the people he had once worked with. After Black left, Doctor questioned
Black's ethics and made other disparaging remarks about him, Black said.
After leaving Corrections, Black started a private probation company with Lanson
Newsome, also a former Corrections executive. Bobby Whitworth, as a member
of the state parole board and former Corrections commissioner, has been indicted
for allegedly taking money to influence legislation that would have been a major
financial windfall for companies such as Newsome's and Black's Detention
Management Services. Neither Newsome nor Black has been accused of
wrongdoing. (The Atlanta-Constitution)
Georgia
Legislature
June 14, 2010 Atlanta Journal-Constitution
As lawmakers returned from the coast last week, we picked up word of some
serious, hand-to-hand competition between two lobbyists down at St. Simons
Island. The occasion was the Georgia Chamber of Commerce’s annual summer
retreat. We’re told by very reliable state Capitol sources that, last Tuesday
night, a pair of lobbyists treated several lawmakers and clients in the drinking
section of the Village Inn and Pub, famous for its wild orchid martinis. One
lobbyist was stuck at a table with the clients. The other lobbyist landed the
table with the legislators. When bill-paying time came, the lobbyist stuck at
the children’s table refused to pay. Insults were exchanged, and the two
lobbyists ended up rolling on the restaurant floor. The fight was broken up
before law enforcement became formally involved. The two lobbyists: Graham
Thompson, whose clients in the last session included the Georgia Association of
Health Plans, Sprint, and Satellite Tracking of People, a Texas organization;
and John Clayton, whose clients in the last session included several physician
and emergency response groups, Imperial Sugar, and the Corrections Corporation
of America. We’ve attempted to contact both gentlemen, and haven’t heard back.
But we await their June disclosures, which should tell us who ultimately paid
the bill. And who was there. Clayton, many in the state Capitol will recall, was
identified by police as the victim in a fracas with a fellow lobbyist at a 2007
sine die party, also attended by many lawmakers. Clayton took a beer bottle to
the right side of his head.
April 7, 2010 AP
In the 3 1/2 weeks following his selection as the Republican nominee for
House speaker, David Ralston raked in $137,550 in campaign contributions — more
than four times what he raised throughout all of 2009 combined. Campaign finance
reports reviewed by The Associated Press on Wednesday show that donations to the
speaker-in-waiting poured in from the health care, banking and insurance
industries as well as Georgia business stalwarts like Coca-Cola, Delta and Aflac.
Ralston ran for House speaker as a reformer, aiming to clean up the ethics mess
at the state Capitol left by his predecessor Glenn Richardson, who stepped down
after allegations of an affair with a lobbyist. Ralston pledged to keep
lobbyists at arm's length. But a number of well-connected lobbyists and lobbying
firms donated to the new speaker, including Massey and Bowers and Georgia Link,
which has a long list of well-heeled corporate clients. The GOP caucus chose
Ralston on Dec. 17. He was installed as speaker after a vote by the full House
on Jan. 11, the first day of the legislative session. State officials and
lawmakers are banned from raising campaign cash while the state Legislature is
meeting so heavy-hitters at the state Capitol hurried to get their checks in
before the deadline. In an interview, Ralston acknowledged that his bank account
is fatter even without an announced challenger for his north Georgia legislative
seat. But he said the contributions aren't influencing his decision-making and
added many of the funds arrived unsolicited. "I really couldn't tell you many of
the people who gave me contributions," Ralston said in an a telephone interview.
"Frankly, I'm not focused on fundraising or politics, I really have been focused
on what the General Assembly needs to get done. We've been here working on the
budget this week." A number of the donations — $131,300 — came during the first
10 days of January. Ralston held a packed fundraiser in Atlanta on Jan. 7, just
a few days before he was installed as speaker. The Blue Ridge Republican raised
just $33,475 for all of 2009, according to campaign reports. Out-of-state
companies with business in Georgia were on the roster of donors. Among them are
Nashville, Tenn.-based Corrections Corp. of America, an operator of private
prisons in the state and Illinois-based Cancer Treatment Centers of America.
January 18, 2006 Savanna Morning News
The state should be able to remove all its prisoners from county jails within
the next six months, Corrections Commissioner James Donald said Wednesday during
the last day of budget hearings at the Capitol. It wasn't clear whether Donald's
comments would defuse the issue of county jails housing a backlog of state
prisoners, or even if he would be able to meet the goal. And Donald conceded
that new measures, such as a proposal to toughen penalties on sexual predators,
could complicate his plan. But Sen. Regina Thomas, a Savannah Democrat who has
introduced a bill to raise the fees paid to counties, said Donald's plan
wouldn't solve the current problem. "It's not going to happen tomorrow, and the
counties are still suffering," she said. Thomas also blasted the governor's
budget for including increases in the amount the state pays to private prisons
to cover inflation. During Donald's presentation to members of a joint meeting
of the House and Senate budget-writing committees, Thomas pointed out that the
private prisons already receive larger payments than county jails even without
the increases.
February 13, 2005 Atlanta Journal-Constitution
A year ago they would have made a formidable
legislative caucus: the chairman of the House Budget Committee, the House
majority leader, a floor leader for Gov. Sonny Perdue and two Senate committee
chairmen. But weeks after leaving office, they're now on the lobbyist side of
the velvet rope that separates lawmakers and the people paid to influence them
at the Capitol. They represent cities, hospitals, gas companies, high-tech
firms, bikers and pay-day loan businesses. The revolving door of ex-lawmakers
immediately becoming lobbyists has long been criticized in Atlanta, as it has
been in Washington, where former Georgia Sen. Zell Miller announced even before
he left office that he was joining a law firm with extensive lobbying interests.
But this year, with his fellow Republicans in charge of the Legislature, Perdue
is convinced that the climate is finally right to require a cooling-off period
for lawmakers wanting to become lobbyists. The governor is pushing an ethics
bill that would make legislators wait at least a year before returning to the
Capitol as lobbyists. Government
watchdog groups such as Common Cause prefer two years. "The
transition from legislator to lobbyist is just too cozy right now," said
Rep. Mary Margaret Oliver of Decatur, who has authored several Democratic
ethics-in-government bills this year. "To use your public service job to
further your post-legislative opportunities for financial gain is not in the
public's interest." The revolving door has been spinning for years, and it
was no different after last November's elections. Former Sen. Dan Lee of
LaGrange, who pushed Perdue's ethics package last year as his Senate floor
leader, was invited to become a lobbyist about a month after losing his
Republican primary race in July. Now Lee and the law firm he joined represent
Corrections Corporation of America, which builds and leases prisons to
government; the Georgia Academy of Family Physicians; Infrastructure Corporation
of America, which maintains highways; Motorola; and MHM Services, which provides
mental health services to Georgia prison inmates. "I
personally don't see anything wrong with it," said Lee, who added that most
of his law practice over the years has involved doing work for governments.
January 14, 2005 Atlanta
Journal-Constitution
The Republican revolution is sweeping the third-floor
hallways of the state Capitol, where big-money lobbyists compete for the minds,
hearts and ears of the General Assembly. With
Republicans in power, more ex-lawmakers and staffers from that side of the aisle
have signed up to peddle their clients' positions, to help pass or kill bills
and to snag a piece of the state's $17 billion pie. This comes at a time when
Republican Gov. Sonny Perdue is calling for a one-year waiting period before
legislators can become lobbyists, and disclosure of how much special interests
pay lobbyists. Perdue's former Senate floor leader, Dan Lee of LaGrange, lost
his bid for re-election last year, but he won't be missing from the Capitol. He
has returned as a lobbyist, joining Chuck McMullen, a former aide to Tom Price,
the former majority leader newly elected to the U.S. House.In little time,
McMullen said, his group has gone from zero to more than 20 clients, including
Corrections Corporation of America, which builds and operates private prisons,
Motorola, a major supplier of electronic equipment to governments, and several
health care concerns.
January 7, 2004
Gov. Sonny Perdue is recommending that the Legislature, which convenes Monday,
make substantial changes in the state's $16 billion budget for the current 2004
fiscal year that runs through June 30. • $3.1 million cut in payments to
private prisons. (AJC.com)
April 14, 2003
A dispute over the price the state will pay for a 1,600-bed private prison in
Stewart County led lawmakers Monday to delete $40 million in bonds that could be
used to buy the facility. The House-passed $16 billion budget approved by
a 114-63 vote goes to the Senate without funding for the purchase of the prison
near Lumpkin from Corrections Corp. of America. "We just can't agree
on a purchase price right now," House Appropriations Committee Chairman Tom
Buck, D-Columbus, told colleagues as he explained details of the proposed state
budget for the year beginning July 1. "The state thinks the price
ought to be 'X,' and those that started construction think it ought to be 'Y,'
" Buck said. "We're just going to have to take another look at that
next year." Corrections Corp. of America, a Nashville, Tenn.-based
company, reports it has invested about $35 million in the prison. It stopped
construction after the state announced it was no longer interested in using
privately operated prisons to accommodate the burgeoning prison
population. (Columbus Ledger-Enquirer)
January 19, 2003
Gov. Sonny Perdue included $40 million in bond money in his budget to buy and
complete a 1,524-bed private prison near Lumpkin in west Georgia. The
prison has lain dormant and unfinished since June2000 when the state told CCA of
Nashville, Tenn., it was no longer interested in using a privately run prison
facility. A state assessment Dec. 2 estimated construction is only about
50 percent complete. (AP)
May 11, 2002
Private companies
that build speculative prisons gave $72,150 to Georgia
lawmakers and political parties in 2000, a year before the state
Legislature
buried a proposal that would have put severe restrictions on the prison
industry, a research group said in a new report.
Some
of that money went to Middle Georgia lawmakers who defeated
legislation
in 2000 that would have barred private prisons in Georgia from accepting
convicts from other states. At the time, McRae Correctional Facility, a
new,
private prison in Telfair County, was shopping for inmates.
The
prison is still vacant and is seeking a federal contract to house
criminal aliens, many of whom would be transported to Georgia from other
states.
In
2000, private prison companies gave more than $1.2 million to the
campaign
funds of state lawmakers in 14 Southeastern states, according to the
Institute
on Money in State Politics, the Montana-based think tank that issued the
report.
A
large portion of those donations went to senior lawmakers who sat on
committees with oversight of prisons.
The report also showed that private prison contributions given directly
to
Georgia lawmakers in 2000 increased 15 percent from 1998 - going from
$48,000 to
$56,650 two years later.
The $45 million, 1,500-bed McRae jail has sat vacant since its
completion. (The Macon Telegraph)
Gwinnett
County Detention Center
Lawrenceville, Georgia
Prison Health Services
July 24, 2008 Atlanta Journal-Constitution
The widow of a Lawrenceville man who died after struggling with Gwinnett
deputies and being stunned with a Taser has dropped a lawsuit against the
county. The wife of Frederick Jerome Williams abandoned all claims in the
wrongful death lawsuit against Gwinnett County and several deputies involved in
the scuffle with Williams, the Sheriff's department announced late Thursday
afternoon. The federal lawsuit was dismissed with prejudice, meaning the
Williams family cannot refile it at a later date, said Thomas Mitchell, the
attorney who represented Gwinnett County. Williams' death drew a firestorm of
criticism from civil rights groups such as the Gwinnett NAACP and the Southern
Christian Leadership Conference (SCLC), who led three marches outside the
Gwinnett County courthouse calling for a moratorium on Taser use by law
enforcement. Yanga Williams, Frederick Williams' widow, did not return messages
left on her home or cellphone Thursday evening. A receptionist at the office of
her attorney, Keenan R.S. Nix, said he was out of the office. Yanga Williams'
attorney is going forward with the lawsuit against Taser International and the
contracted healthcare provider for the jail, Prison Health Services, Mitchell
said. The suit alleges that a nurse working at the jail gave inadequate and
lackadaisical medical care to Williams in the critical moments after he lost
consciousness. On the night of Williams' arrest in May 2004, police were called
to his Lawrenceville home to settle a domestic dispute. Williams fought with
officers before his arrest. Later at the jail, Williams started to fight with
deputies. A videotape shows deputies shocking Williams five times with the stun
gun and then placing him in a restraint chair. He lost consciousness and died in
a hospital two days later. Williams, 31, a native of Liberia, died of brain
damage from a heart attack, according to the final autopsy report, although
officials were unable to say what caused the heart attack.
September 25, 2007 Atlanta Journal Constitution
The death of an inmate who fell ill while being held at the Gwinnett County
Jail awaiting transfer to another jurisdiction has spurred a lawsuit against the
Gwinnett County Sheriff's Department and its contracted health care provider. It
is the fourth wrongful death lawsuit to be filed against the two parties within
the past four years. According to the lawsuit filed Monday in U.S. District
Court in Atlanta, William Hargrove was suffering from abdominal pains on March
5, 2006, when a doctor ordered that he be sent to a hospital emergency room.
However, a supervising deputy told medical staff not to send Hargrove to the
hospital and instead attempted to transfer him to Newton County, the lawsuit
states. He died two hours later, before the transport had been arranged. An
autopsy revealed the cause of death was a perforated ulcer of the small
intestine. Police had picked up Hargrove March 4 for failing to appear in court
in Newton County on a speeding violation. Representatives from both the
Sheriff's Department and Prison Health Services declined comment. The lawsuit
follows on the heels of another filed Sept. 7 in federal court on behalf of
deceased inmate Harriett Washington. Washington died of leukemia on Oct. 17,
2005. Lawyers for Washington have criticized Prison Health Services staffers for
repeatedly rebuffing her requests to be hospitalized during the days leading up
to her death. Both PHS and the Sheriff's Department also were named in two Taser-related
wrongful death suits. Earlier this year, county officials agreed to pay the
family of Ray Charles Austin $100,000 to dismiss a lawsuit arising from Austin's
death during a 2003 scuffle with deputies. A lawsuit is still pending in the
2004 death of Frederick Jerome Williams at the jail.
October 6, 2006 Gwinnett Daily Post
The president of the NAACP's Gwinnett branch wants county leaders to
reconsider their decision to bestow a multimillion dollar contract for inmate
health care services on a provider that faces multiple wrongful death lawsuits.
County commissioners voted Tuesday to award a one-year contract to Prison Health
Services for $6.15 million. John Stewart, the local chapter president of the
National Association for the Advancement of Colored People, on Monday plans to
review six bids submitted by other health care providers to determine if there
were other viable options. "I understand the reason why PHS won a contract again
was because of their financial stability and experience," Stewart said. "I am
going to be looking to see if the other vendors have a track record of providing
medical services and see if one of those vendors should be given the opportunity
to have the contract." Stewart views PHS as "an enormous liability" to county
residents and says negligent care is putting the lives of more inmates at risk.
The private company has provided inmate medical, dental and mental health care
in Gwinnett since 1997. It was recommended by officials from both the sheriff's
and corrections departments who looked at cost, experience, references and
financial stability before making their decision. Prison Health Services has
been targeted in lawsuits filed by two inmates who died after struggling with
deputies at the Gwinnett County Detention Center and being stunned with a Taser.
Both inmates were black. The lawsuits claimed that medical staff at the jail
were lackadaisical in their attempts to resuscitate one inmate, Frederick
Williams, and failed to document a fear of needles in the medical file of the
other inmate, Ray Austin. A third lawsuit is pending by the family of a black
female inmate, 43-year-old Harriett Washington, who died of leukemia on Oct. 17,
2005. An attorney for Washington's family criticized PHS for repeatedly ignoring
her requests to be hospitalized. District 3 Commissioner Mike Beaudreau said
Tuesday he was concerned PHS had been targeted by the recent lawsuits in
Gwinnett, but "we aren't going to let lawsuits dictate how we do the business of
the people." Stewart is also scheduling a town hall meeting for people who have
been incarcerated in the Gwinnett County Detention Center to give public
testimony about their experiences with Prison Health Services. "I am not sure if
the county has all the information available as to the inadequate services
provided by this provider," Stewart said.
October 4, 2006 Gwinnett Daily Post
Gwinnett County commissioners have signed on with an embattled inmate health
care provider for another year. Six other companies submitted proposals to
provide health care services for the Gwinnett County Department of Corrections
and the Sheriff’s Department. However, the current provider, Prison Health
Services, was granted the $6.15 million contract. The commissioners did not
discuss the contract during Tuesday’s public meeting, but afterward said they
supported the decision of a committee who evaluated the seven bids. PHS, a
private company that has provided inmate medical, dental and mental health care
in Gwinnett since 1997, had been recommended by officials from both the
sheriff’s and corrections departments. A committee composed of officials from
both departments looked at cost, experience, references and financial stability
in making its recommendation. District 3 Commissioner Mike Beaudreau expressed
concern that PHS had been targeted by two lawsuits in Gwinnett within the past
13 months, but said, “We aren’t going to let lawsuits dictate how we do the
business of the people.”Joan Crumpler, one of the attorneys representing the
Williams family in the lawsuit, warned that in voting for PHS on Monday, county
commissioners were overlooking problems at the jail that could lead to more
deaths. “If the Gwinnett decision-makers limited their criteria to cost,
experience, references and financial stability, then they can easily justify
contracting with PHS, since PHS owns 25 percent of the national marketshare for
outsourced inmate medical care,” Crumpler said. “However, Gwinnett County must
never ignore very real problems at the jail, including PHS’s failure to
adequately respond to medical crises. It is this kind of problem that has
resulted in unnecessary deaths.”
October 3, 2006 Gwinnett Daily Post
Several pending lawsuits against the company contracted to provide health
care for Gwinnett County inmates has apparently done little to influence its
chances of renewing a multimillion dollar contract. Six other companies have
submitted proposals to provide health care services for the Gwinnett County
Department of Corrections and the Sheriff’s Department, but Prison Health
Services seems to be the front-runner. Its current contract expires Oct. 31. PHS
was recommended by officials from both the Sheriff’s and Corrections departments
again this year. Gwinnett County Commissioners will consider that recommendation
today while reviewing proposals in a public meeting. If approved, the contract
awarded to PHS to provide medical, dental and mental health care for inmates
would be worth more than $6.1 million. PHS had the highest-scoring proposal of
all those submitted for consideration, according to a county memo. But not all
the feedback on PHS has been positive. The company was targeted by two lawsuits
in Gwinnett within the past 13 months. It also came under harsh criticism in
January following the release of an internal investigation by the Gwinnett
County Sheriff’s Department into the death of a terminally ill inmate. Several
deputies and inmates blasted PHS for its handling of the woman, who died of
leukemia on Oct. 17, 2005. Harriett Washington, 43, repeatedly asked to be taken
to a hospital in the days leading up to her death, but her requests were
rebuffed by staff members who instead sent her back to her cell. Washington’s
two cellmates and several deputies reported that she was sent to the infirmary
three times in a two-day period only to be returned to her cell in the same
condition — vomiting, experiencing high fevers and having difficulty breathing.
Jonathan P. Sexton, an attorney for Washington’s family, said he plans to file a
wrongful death lawsuit against PHS and Gwinnett County in the next six weeks. He
was dismayed to hear that PHS’ contract may be renewed. “I hope they don’t use
them again,” Sexton said Monday.
May 2, 2006 Atlanta Journal-Constitution
Nearly 175 inmates and employees at the Gwinnett County Detention Center
were put on antibiotics after the weekend death of an inmate, officials said
Monday. Detainee Zachary Harris, 20, died from an infection in his bloodstream
at Gwinnett Medical Center on Saturday after being admitted three days earlier,
jail officials said. A Detention Center physician said Harris' blood contained a
bacterium that commonly causes meningitis. Harris, who had been at the jail a
year, complained of a sore throat April 18 and was taken to the hospital
Thursday when his blood pressure dropped dangerously low. He had been awaiting
trial on multiple charges, including impersonating a police officer and drug
possession. Detention Center doctor Lee Grose — who works for the jail's
contract medical provider, Prison Health Services — said the bacterium can be
spread through sneezing and coughing. Jail officials don't know how he
contracted the bacterium but discounted that a visitor could have passed it on.
Medical services at the jail have been under scrutiny since the October 2005
death of inmate Harriet Washington, 43, who had myeloid leukemia. Washington,
who died in her jail cell, had asked to be hospitalized numerous times in the
days before her death but was turned away by the Prison Health Services staff,
internal jail reports said. At least four of the health provider's employees
were fired, resigned or were transferred as a result of Washington's death.
April 21, 2006 Gwinnett Daily Post
After nine years, the woman tasked with supervising health care for Gwinnett
County inmates has been reassigned to another post. The departure of Dwana
Gebhardt, health system administrator for Prison Health Services, comes four
months after allegations of inadequate health care at the Gwinnett County
Detention Center surfaced following the death of a female inmate. Prison Health
Services, based in Nashville, Tenn., is the nation’s largest private provider of
correctional health care. The company has a contract with Gwinnett to provide
medical services for both the detention center and Gwinnett County Comprehensive
Correctional Complex. Officials at the Gwinnett County Sheriff’s Department say
Gebhardt’s reassignment is not related to the recent hubbub over jail health
care. “I don’t think it is,” said Maj. J.J. Hogan, who was appointed last month
as the sheriff’s liaison and supervisor to Prison Health Services. Both the
Sheriff’s Department and PHS came under scrutiny following the Oct. 17, 2005,
death of a 43-year-old female inmate who was awaiting trial on a cocaine
possession charge. Harriett Washington had previously been diagnosed with
myeloid leukemia. An internal investigation at the Sheriff’s Department revealed
Washington asked several times to be hospitalized in the days leading up to her
death, but her pleadings were rebuffed by medical staff. Washington’s cellmates
and deputies who were in the housing unit said they witnessed Washington
vomiting repeatedly, experiencing dizziness, acting delirious and having
difficulty breathing. She was taken to the jail’s medical unit at least three
times in the two days before her death, but none of her visits were documented
as required, according to the internal investigation. Each time Washington was
sent back to her cell as her health deteriorated. After Washington died, five
other inmates and a former PHS mental health counselor came forward to the
Gwinnett Daily Post with other complaints about botched medications, lapses in
medical documentation, patient neglect and staff indifference. In the months
that followed, at least four PHS employees that were on duty that night or were
in supervisory positions have been fired, resigned, retired or transferred. PHS
officials have said none of the staffing changes were a result of Washington’s
death or the subsequent complaints.
March 21, 2006 Gwinnett Daily Post
In the wake of a highly publicized inmate death and complaints about poor
health care at the Gwinnett County Detention Center, a high-ranking deputy has
been tasked with overseeing the jail’s contracted medical staff. Maj. Jim Hogan
will supervise employees of Prison Health Services, the contracted medical
provider for the jail, on a full-time basis beginning Monday. Gwinnett County
Sheriff Butch Conway said his department pays Prison Health Services (PHS) about
$6 million a year to provide health care for inmates. “I think we should have
had a medical monitor before now,” Conway said. “I think with the size of that
contract that it’s prudent for us to have someone on staff monitor the quality
of the work.” Hogan will serve as the primary point of contact for PHS
management, monitoring medical service issues, meeting daily with staffers,
making policy recommendations, reviewing grievances and providing regular
reports to the sheriff. Hogan is a 26-year veteran of the Sheriff’s Department.
He has been second in command over jail administration since 1999. Both the
Sheriff’s Department and PHS came under scrutiny following the death of a
43-year-old female inmate who was awaiting trial on a cocaine possession charge
on Oct. 17. Harriett Washington had previously been diagnosed with myeloid
leukemia. An internal investigation at the Sheriff’s Department revealed
Washington asked several times to be hospitalized in the days leading up to her
death, but her pleadings were rebuffed by medical staff. Washington’s cellmates
and deputies who were in the housing unit said they witnessed Washington
vomiting repeatedly, experiencing dizziness, acting delirious and having
difficulty breathing. She was taken to the jail’s medical unit at least three
times in the two days before her death, but none of her visits were documented
as required, according to the internal investigation. Each time Washington was
sent back to her cell as her health continued to deteriorate. After Washington
died, at least five other inmates and a former PHS mental health counselor came
forward with complaints about botched medications, lapses in medical
documentation, patient neglect and staff indifference. Hogan said Monday he is
up to the challenge of overseeing PHS.
January 22, 2006 Gwinnett Daily Post
A review of the personnel files of more than 60 employees of Prison Health
Services, the contracted medical provider for the Gwinnett County Detention
Center, reveals several employees have something in common with the inmates they
treat — six have been arrested in the past. The six employees, including the
jail’s medical director, were arrested as long ago as 1981 and as recently as
this year for a range of offenses. In addition, a nurse and a certified medical
assistant were accused of criminal behavior while they were still working at the
jail less than three months ago. One has since been fired and the other resigned
amid an internal investigation. While his resume lists an impressive amount of
supervisory experience in the field, his personnel file reveals staff
psychiatrist Dr. Jeffrey Howard Flatlow had his medical license put on probation
by the Composite Board of Medical Examiners in 1985. The sanctions were lifted
in 1993. The reason why Flatlow was on probation is not said, but the file does
say Flatlow was in an “impaired physician’s program” or designated as a
“recovering physician.” A pattern of supervisors tolerating mistakes also
emerges from a study of the PHS files. Employees who were found to be sleeping
on the job, providing inmates with the wrong medication, forgetting to document
patient treatments or allowing an inmate to administer their own medication were
given a verbal or written reprimand. However, some employees, such as Kessie,
racked up as many as seven written reprimands in less than two years without
losing their jobs. Kessie was finally fired in October upon being arrested and
charged with providing an inmate with a cell phone. A high turnover of medical
staff at the jail is also evident in the documentation PHS produces. The jail is
staffed with 30 full-time health care employees and seven mental health
professionals, according to Stacey Kelley, spokeswoman for the Gwinnett County
Detention Center. A records request for the personnel files of staff currently
employed and any staff members who left after Sept. 1, 2005, because of
resignation or termination resulted in 63 employee files, thus 26 people left
within that time frame. Stacey Kelley, spokeswoman for the Gwinnett County
Sheriff’s Department, issued a statement on behalf of Sheriff Butch Conway this
week saying he is weighing his options regarding PHS’ contract with the county,
which expires this year on Oct. 31. No serious talks have occurred regarding
termination of the contract, Kelley said. “I am in the process of determining
what my options are regarding Prison Health Services,” Conway says in the
statement. “When I do, I will make a decision that is in the best interest of
the Gwinnett County Sheriff’s Department, the inmates and our personnel.”
January 20, 2006 Atlanta Journal-Constitution
Gwinnett Sheriff Butch Conway is trying to decide whether to fire the county
jail's medical provider. The sheriff could decide to opt out of the county's
$4.8 million annual contract with Prison Health Services. The company's
performance was called into question in a scathing internal report on the 2005
death of a detainee. Harriet Washington, 43, who had been in the jail since June
on a cocaine possession charge, died early on Oct. 17. She suffered from
leukemia. The report states that jail deputies and Washington's cellmates urged
that she be taken to a hospital, but that their pleas were ignored by employees
of the Tennessee- based health provider. A letter from Washington's cellmates to
Conway alleged that multiple requests that Washington be treated were ignored in
the two days before her death. Washington had not seen an outside doctor since
July, according to jail records. "Either party can opt out of the contract" with
at least 10 days' notice, Conway said Thursday. The contract states that any
violation of its provisions or stipulations is grounds for termination. Conway
said he believes it would be possible to switch providers with a minimum of
disruption, if that's what he decides to do. The report particularly questions
the actions of Brian Woodard, a licensed practical nurse for Prison Health
Services who treated Washington over a two-day span that ended with her death.
Woodard could not be reached for comment Thursday. He has been a licensed
practical nurse since at least 1994, according to state professional license
information. Woodard resigned a week after Washington's death as a result of a
separate, unrelated internal investigation into narcotics missing from the
medical unit, the report says. The company already is named in at least two
federal suits filed after Gwinnett inmates died in custody.
January 20, 2006 AP
Gwinnett County attorneys are blaming Taser International and Prison Health
Services in the death of a jail inmate, who died after being repeatedly shocked
with a stun gun. The county, which has been sued by the family of Frederick
Williams, filed a cross claim this week blaming Scottsdale, Ariz.-based Taser
International for providing false training documents and not warning users that
their stun guns could be lethal if used repeatedly. Taser International and
Brentwood, Tenn.-based Prison Health Services, which provides medical care at
the jail, should be held accountable, the county says, especially if a court
finds that Williams died from the Taser or because of improper medical care.
January 19, 2006 Atlanta Journal-Constitution
Jail inmate Harriet Washington was the victim of a confused and clumsy
medical response when she died in front of her cellmates, concluded a Gwinnett
Sheriff's Department investigation released Wednesday. Washington, of Norcross,
died on Oct. 17. Jailed at the Gwinnett County Detention Center since June for
possession of cocaine, Washington suffered from leukemia. She was 43. The
internal affairs investigation clears Sheriff's Department deputies of any
culpability, stating they "adhered to existing policy and acted in a manner
consistent with the needs of the situation." The report raises questions,
however, about the performance of Prison Health Services, the Tennessee-based
company contracted to care for Gwinnett inmates. Deputies had urged that
Washington be taken to the hospital, to no avail, the report states. "If the
medical staff had ordered outside treatment at Gwinnett Medical Center, as sworn
staff [deputies] had urged, instead of allowing the inmate to remain in the
housing unit, the end result very well may have been the same," the report's
conclusion states. "Had the inmate been transferred to the hospital, however, it
would have eliminated the doubt surrounding the appropriateness of the treatment
provided." Sheriff Butch Conway declined an interview on the report, but issued
a prepared statement: "I am in the process of determining what my options are
regarding Prison Health Services," it read. "When I do, I'll make a decision
that is in the best interest of the Gwinnett County Sheriff's Department, the
inmates and our personnel." According to the internal affairs report, Washington
was briefly taken to the medical unit at least once the day before she died but
was returned to her cell a short time later. The report accuses the company of
failing to adequately document her care. Records even conflicted on how many
times she was taken to the medical unit. Inmate Cheryl Horstman, who was in the
medical unit at the time, told investigators that nurse Brian Woodard and Deputy
Benita Smallwood seemed "bothered" by Washington's presence. At one point,
Woodard told Washington, "only one problem per visit," according to Horstman. In
a subsequent debriefing with his superior in the medical unit, Woodard said, "I
know I [messed] up" by failing to document Washington's treatment. Woodard
submitted his resignation on Oct. 24 as a result of a separate internal
investigation into narcotics missing from the medical unit, the report says
without elaboration. Woodard could not be reached for comment Wednesday. On Oct.
16, as Washington was trying to move from her wheelchair to a "boat" — a plastic
tub that serves as a bed in the detention center — she passed out, the report
said. The nurse and deputy asked her why she had tried to move at all. "I don't
feel right. ... I need to go the the hospital, something doesn't feel right,"
the report quoted Washington as saying. Horstman said Smallwood then told
Washington, "There isn't even a doctor here on weekends. The whole jail is in
lockdown, and you can't stay in medical. What do you think this is, the Hyatt?"
In interviews with investigators, Smallwood denied making the comment.
Washington was sent back to her cell but apparently received no assistance from
medical personnel until midnight, when she received crackers and Pepto-Bismol
during "pill call." At 2:41 a.m. Oct. 17, the "I" pod deputy pressed the panic
button to summon help after Washington screamed in pain and collapsed. According
to the report, a nurse and a medical assistant from the jail intake area —
neither of whom was qualified as a first responder — arrived three minutes later
but could not get a response from Washington. The report noted that no "progress
notes" were kept of her vital signs or treatment, which violated Prison Health
Services internal protocols.
December 11, 2005 Gwinnett Daily Post
The death of a cancer patient at the Gwinnett County Detention Center has
touched off an avalanche of complaints by other inmates about substandard health
care. The allegations paint a disturbing portrait of botched medications,
patient neglect and staff indifference by the county's contracted medical
provider at the jail, Prison Health Services. Before she died, 43-year-old
Harriett Washington was known affectionately as "Sparkles" among her
fellow female inmates. In and out of prison several times for cocaine
possession, theft and forgery, friends said Washington was nonetheless an
extremely likable woman who had been diagnosed with myeloid leukemia, a rapidly
progressing cancer of the blood. The autopsy conducted by the Gwinnett County
Medical Examiner's Office shows Washington's cancer was in remission prior to
being jailed in June, but she died of leukemia in her jail cell just five months
later. While she was incarcerated, the only documented medical complaint in her
file was on Oct. 16, when she complained of knee pain, according to the autopsy.
Washington died before daybreak on Oct. 17. Her cellmates, Kimberly Holmes and
Carla Dotson, say Washington begged repeatedly to be taken to the hospital the
week before she died. There are no records of this alluded to in the Medical
Examiner's Report. Holmes and Dotson claim their pleadings to hospitalize
Washington were repeatedly rebuffed by PHS staff. A spokeswoman for Prison
Health Services would not release Washington's medical records, citing right to
privacy laws which they believe still remain in effect despite Washington's
death. One former PHS worker said she became furious with the company over their
lack of concern for inmates' well being. Diane Yociss, a former Prison Health
Services mental health counselor, was fired in October. Yociss said her
supervisors told her it was because she had been written up for going to
physical therapy appointments for an on-the-job injury and for giving blood
during work hours. Yociss believes the real reason for her firing was that she
was becoming too vocal about lapses in health care at the jail. Her claim
couldn't be verified because Prison Health Services did not make her personnel
records available by press time. Yociss said she couldn't discuss Washington's
case or cite specific examples of inmate health care because it would violate a
code of ethics for her profession. However, Yociss said she wasn't surprised to
hear about Washington's death. "Turnover there is horrific," Yociss
said. "A lot of times people's follow-up care gets dropped. Other times
they do the right thing and send them out (to a hospital)." Yociss said she
confronted supervisors several times about mistakes - severely neglected
patients, medication mix-ups and poor medical documentation, but her complaints
were largely ignored. Instead, supervisors made excuses for employee mishaps,
Yociss said. "The whole attitude toward inmates when they came in was they
are either faking, they're malingering, they want to get out of their cells, or
they want medicine," Yociss said. "In a lot of cases, yes they are.
But in other cases, no, they're not. They are genuinely sick." In a series
of jailhouse and telephone interviews last week, several inmates talked about
their encounters with nurses and doctors employed by Prison Health Services. The
following inmates' stories couldn't be verified because PHS would not provide
their medical records, citing privacy laws as the reason for their exemption
from Open Records law. Natalie Horne, 20, in jail on a felony drug possession
charge, said she had to be hospitalized after a nurse gave her the wrong
medication in August. Horne was supposed to get medicine to treat pain in her
ankle when the nurse came into the pod for daily "pill call." Horne,
who is hearing impaired, couldn't hear the names being called, but she got in
line to receive her usual dose. The nurse was supposed to check the
identification on Horne's arm band before dispensing the appropriate medication,
but she didn't, Horne said. Instead, the nurse gave her someone else's
medication. Horne doesn't even know what it was, but it made her cough and her
lungs hurt. "I was dizzy and weak and I didn't feel like eating for three
days," Horne scribbled on a piece of paper during her interview. When Horne
told the nurse she had been given the wrong medicine, she alleges the woman
seemed indifferent and replied "Oh well, just throw up." Tina Thompson
told a similar story. Jailed in June for allegedly violating her probation by
possessing a small quantity of crack cocaine, the 35-year-old woman said she was
supposed to receive 400 mg of a medication to treat epilepsy. Two weeks ago,
Thompson said she was accidentally given 500 mg of the drug. Thompson said the
nurse also dispensed another unknown medicine to her that she wasn't supposed to
receive, but she threw the pill away because she didn't recognize it. "I
told her it was too much, but she said 'No, no, no, you take. It's OK,"
Thompson said Thursday during a jailhouse interview. Thompson said she didn't
suffer any ill effects from the overdose of epilepsy medication, but it could
have caused her to go into seizures. When she brought the mistake to another
nurse's attention, Thompson said she was told "People make mistakes."
"That mistake could've killed me," Thompson said, shaking her head.
There are also several allegations that the record-keeping at the jail is
sometimes spotty, botched or misplaced. Georgia E. MacDonnell, 48, landed in the
Gwinnett County Detention Center earlier this year because Hall County didn't
have the medical facilities to treat her. Reached by phone Thursday at her
Gainesville home, MacDonnell said her only crime was trying to kill herself.
McDonnell said she was charged with aggravated assault for attempting to shoot
herself after hearing her fiance had been diagnosed with a terminal cancer.
MacDonnell needed ongoing treatment while at the jail because she has a
colostomy bag attached to her abdomen to collect her body's waste. She said the
skin where the bag attaches became infected when PHS staff failed to provide her
with supplies to change the bag every three days, as recommended by her doctor.
She claimed she only received the supplies to change 17 bags during her entire
five-month incarceration. MacDonnell regularly requested them at pill call, but
she was usually told to wait because more were being ordered, she said.
MacDonnell explained that the sticky bandage that the plastic bag attaches to is
useless when it gets wet, so it must be changed after each shower just like a
Band-Aid. When she wasn't supplied with the bandages, called flanges, MacDonnell
said she couldn't take showers. On one occasion, MacDonnell said she took a
mandatory shower. Afterward, she asked a deputy for another colostomy bag, but
allegedly didn't receive one until six hours later. During that time, MacDonnell
said she was forced to sit in the medical unit with her body's waste dripping
out all over her, making her abdomen raw. On the only time she was taken to see
a physician in the medical unit, MacDonnell said yet another snafu occurred.
"The doctor had my nephew's medical records instead of mine, and they
returned me to my dorm without treating me," MacDonnell said. "I think
that Gwinnett needs to answer to a lot of things, especially the medical
care." Holmes, who has hepatitis, also alleges a poor experience with one
of PHS' doctors. She followed protocol by submitting a request to see a doctor
for pain in the area of her liver. When Holmes was transported to the medical
unit to see a physician, she claimed the doctor didn't even know what she was
doing there. Then he dismissed her complaints as imaginary. "He never
touched me or examined me," Holmes said. "He said I was imagining
it." Yociss said the inmates experiences are not uncharacteristic with what
she witnessed as a former PHS employee. "I am not disgruntled. I am furious
that people are still being treated like this," Yociss said. "I am
furious that people have to die. I am not anybody's guardian angel. I'm just
doing this because it is the right thing to do."
December 10, 2005 Gwinnett Daily
Post
Information in the medical files of a leukemia patient who died at the Gwinnett
County Detention Center in October conflicts with her cellmates' allegations
that the woman was repeatedly denied hospitalization, according to autopsy
records released Friday. The autopsy conducted by the Gwinnett County Medical
Examiner's Office stated 43-year-old Harriett Washington's cancer was in
remission prior to her being jailed in June. However, she died of leukemia just
five months later. The Gwinnett County Detention Center has no record of
Washington receiving any cancer treatments during her stay there, according to
the autopsy. The only documented medical complaint in her file was on Oct. 16,
when she complained of knee pain. Washington died before dawn on the following
day. "(Washington's) roommates found her to be experiencing seizure-like
activity before losing consciousness," the autopsy said. "Responding
staff members found her lying supine on the floor with her head resting on a
pillow that had been placed there by her roommates. Staff members immediately
called 911 and transported her to the clinic." Washington was taken to
Gwinnett Medical Center in full cardiac arrest, where she was pronounced dead.
Kimberly Holmes and Carla Dotson claim Washington was scheduled to see a
specialist for cancer treatment two weeks before she died, but she was never
taken. The inmates also claim Washington begged repeatedly to be hospitalized
because she realized that she was relapsing and getting sicker.
December 9, 2005 Atlanta
Journal-Constitution
Whenever a prison inmate dies in custody - especially when the death may have
been the result of inadequate medical care delivered by a for-profit company -
the public deserves to know what happened and why. Gwinnett County Sheriff Butch
Conway has promised to investigate eyewitness claims that jail health workers
largely ignored inmate Harriet Washington's symptoms for two days and let her
suffer before she died in her county jail cell on Oct. 17. Jail officials knew
Washington had leukemia. Washington's death is the third over the last two years
to raise questions about the quality of medical services at the Gwinnett jail.
The county pays Prison Health Services of Brentwood, Tenn., $4.8 million a year
to provide nursing and physician care to inmates. The company has contracts with
eight other jail facilities in Georgia and works at 310 facilities around the
country. In September, the family of Ray Austin, who died at the Gwinnett jail
in 2003, sued Prison Health Services, alleging company employees injected him
with psychotropic drugs against his will shortly before being shocked eight
times with a Taser during an altercation there. On Wednesday, the family of
Frederick Williams filed a lawsuit against Conway, Taser International, Prison
Health Services and several other defendants for another Taser-related death at
the jail in May 2004. In Alabama, the state settled a class-action suit filed by
inmates over inadequate care provided by Prison Health Services at state
prisons. And Richland County, S.C., officials recently terminated a contract
with the company after three inmate deaths in the county jail over the last
three years. Many critics fear that in their quest for higher profits, private
companies will cut costs through such arrangements as reducing shift workers,
putting doctors on call instead of working on site at the jail, and giving
employees unchecked decision-making power about what drugs are given to
prisoners. Employees are also answerable to their employer, the private company,
and not to those actually running the jail. Conway and Gwinnett officials need
to ensure that's not happening at the county jail. The best way to do that is to
make public as much of the investigation about Washington's death as possible
and re-examine the staffing arrangement it has with Prison Health Services. The
county may be able to contract out health care, but it can't contract out its
legal and moral obligation to those in its custody.
December 7, 2005 Atlanta Journal-Constitution
Attorneys for a man who died after a Taser-related scuffle at the Gwinnett
County jail today filed a wrongful death lawsuit. The Gwinnett State Court suit
was filed today by attorneys representing the family of Frederick Williams, who
lost consciousness and died after a May 2004 scuffle in the jail. The handcuffed
and manacled inmate was shocked multiple times with a Taser. In the Williams
lawsuit, attorneys named Sheriff Butch Conway, three of his deputies and two
Gwinnett police officers allegedly involved in the altercation, weapon
manufacturer Taser International and Prison Health Services, a Nashville-based
company that provides medical services for the jail.
December 7, 2005 Atlanta
Journal-Constitution
A Tennessee company responsible for providing care to Gwinnett County jail
inmates has faced a litany of lawsuits in at least four states in recent years.
Already named in one Gwinnett County lawsuit linked to an inmate's death, Prison
Health Services has been cited by cellmates of a woman who died in jail seven
weeks ago. Harriet Washington, 43, of Norcross, died Oct. 17 in her cell. Her
two cellmates said their pleas that Washington receive help went largely
unheeded. The Brentwood, Tenn., company's Web site says it provides care to
about 214,000 inmates in 310 jails and prisons in 37 states. The company says it
serves eight facilities in Georgia. This year, Gary Watts, a coroner in Richland
County, S.C., led an inquest after an inmate in the county jail hanged himself.
A coroner's jury found that Prison Health Services had not provided the mentally
ill man his prescribed medication for several days. "Horrible care,"
Watts said. "Absolutely horrible care." In Alabama, the state
Department of Corrections settled a class-action lawsuit filed by inmates over
health care provided by the company. Among other things, the lawsuit charged
that inmates were not given their medication at the proper time or in correct
dosages and were examined in rat-infested rooms. "There were some
significant lapses in the system of medical care being provided at the
facility," said Joshua Lipman, a lawyer at the Atlanta-based Southern
Center for Human Rights, which represented the inmates. Added Lipman,
"Prison Health Services has problems all over the country right now."
Prison Health Services was named in a lawsuit filed by the family of a Gwinnett
inmate last September. Attorneys for Ray Austin's family allege that Austin was
shocked eight times with a Taser after company employees injected him with
psychotropic drugs during a September 2003 altercation at the jail. Austin lost
consciousness and died after the incident. Austin's attorneys allege that Prison
Health Services officials ignored a doctor's warning that Austin not be forcibly
medicated. The warning was in his jail medical file, according to the lawsuit.
Medical personnel and deputies also ignored Austin's wishes he not be medicated.
Austin had signed jail paperwork granting him the right to refuse medical
treatment, according to the lawsuit. "But for the decision on the part of
... medical personnel to proceed with forced administration of medication,
Austin would not have resisted," the lawsuit said. "He would not have
been in the altercation ... and would not have died." The details of
Washington's death sounded familiar to David Almeida, executive director of the
South Carolina chapter of the National Alliance on Mental Illness. Three
mentally ill inmates have died at the Richland jail, including the man who
hanged himself, in the past three years. After the third death, the Richland
County Council voted to terminate its contract with Prison Health Services. The
estates of the first two inmates who died settled lawsuits with Prison Health
Services. "It just seems to me that when it comes to Prison Health
Services, you have to be very careful," Almeida said. Watts, the coroner,
said the inquest revealed a pattern of poor record-keeping, insufficient
personnel and a failure to provide inmates with medication. Watts said that
Prison Health Services employees subpoenaed in the inquest testified that that
level of service was "almost a way of doing business: just go in, and do
what you could. If you couldn't do it, don't worry about it."
December 6, 2005 Atlanta
Journal-Constitution
Gwinnett's sheriff promised a thorough investigation Monday into an inmate's
death, which prompted two cellmates to allege inadequate medical response. Butch
Conway also defended the jail's contract medical provider, Prison Health
Services, of Brentwood, Tenn. The company declined comment on the Oct. 17 death
of Harriet Washington, 43, jailed since June for possession of cocaine.
Washington, who suffered from leukemia, died on the jailhouse floor as her two
cellmates watched. Morgenstern said the company initiates an in-house review of
every patient's death. The two inmates, Kim Holmes and Carla Dotson, said in a
jail interview Monday that they can't get the images out of their heads. They
described Washington screaming in pain and convulsing before dying. Holmes and
Dotson began keeping a list of Washington's numerous symptoms. On Sunday
afternoon, they say, a medical unit nurse came to assess her condition. Holmes
and Dotson decided to risk retaliation by writing the letter because they think
a change is needed. "The only thing I have to say is that I didn't want
Harriet to die and nothing change," Holmes said. "I just appreciate
knowing that we have a voice even though we're in here."
December 5, 2005 Atlanta
Journal-Constitution
Two Gwinnett Detention Center inmates are alleging that shoddy medical treatment
contributed to the death of their cellmate. Harriet Washington, 43, died in her
cell Oct. 17 while being attended to by staff from Tennessee-based Prison Health
Services, a private firm contracted by the county to provide medical care at the
jail. In a Nov. 8 letter addressed to the medical unit supervisor and the
Sheriff's Department's internal affairs unit, inmates Kim Holmes and Carla
Dotson allege that Washington's multiple symptoms were for the most part
ignored. Representatives of Prison Health Services did not return phone calls
Sunday seeking comment. Holmes and Dotson were moved into Washington's cell
about 8:30 a.m. Oct. 15. According to their letter, Washington was
"extremely sick" and worsened as the day went on. The medical unit and
a nurse who delivers medications at "pill call" were consulted, the
letter says, but advised the women to fill out a medical request and turn it in.
On Oct. 16, Washington eventually was sent to the medical unit, but was returned
after an hour with no medications, according to Holmes. Several hours later
medical was called again, the letter says. Washington was briefly taken back to
the medical unit, the letter says, but was returned to her cell a short time
later. Holmes' letter says she and Dotson continued to try to get medical
attention for Washington, but were told that Washington had leukemia and nothing
could be done, so she had to stay in the cell. Other times, they say, they were
told that Washington "would be fine." Holmes further states that as
Washington worsened and began to vomit continuously, she asked a deputy to seek
medical help. The deputy returned and told her the medical department said
vomiting was good for Washington. Early on Oct. 17, the letter states,
Washington began screaming in pain and could not stop. According to the jail's
Unusual Occurrence Report, a deputy notified medical at 2:10 a.m. and was told
to bring Washington to the unit. Washington could not be moved, so the deputy
pressed his "panic button" and announced a medical emergency. As he
waited in Washington's cell, the report said, Washington "exhaled one loud
breath and her eyes were open and fixated." The Unusual Occurrence Report
states that nurses arrived at the cell at 2:44 a.m., but could not get any
response from Washington. At 2:53 a.m., an ambulance was summoned. Homes' and
Dotson's letter says that the medical staff decided that the hospital was
necessary after the nurse announced that Washington had "no pulse."
Holmes also alleged in her letter that Washington was supposed to see a cancer
doctor every six weeks, but was already overdue. According to the jail's
"inmate external movements" report, Washington last went to an outside
doctor on July 18.
October 7, 2005 Gwinnett Daily Post
The nation's largest private provider of health care services to prison inmates
has faced a recent lawsuit in Gwinnett and criticism from local officials in
other states, but county commissioners have voted to extend their contract for
another year. Prison Health Systems, a Nashville-based company, will continue
providing medical, dental and mental treatment for inmates at the Gwinnett
County Detention Center and the Department of Corrections until Oct. 31, 2006.
Commissioners voted in September to extend the contract with PHS, said Kristine
Tallent, budget division director for Gwinnett County. A lawsuit filed in
September in the U.S. District Court's Northern District in Atlanta took aim at
the company, claiming that medical personnel employed by PHS at the Gwinnett
County Detention Center should not have forced deceased inmate Ray Charles
Austin to receive an injection of an anti-psychotic drug. Prison Health Services
has been faulted for inmate deaths in other jurisdictions, prompting some local
officials to discontinue contracts with the company. A series of articles which
ran in The New York Times beginning in late February documented cases of inmate
suicide, shoddy care to children in custody and prisoners dying after being
denied treatment. Last month, officials in Richland County, S.C., ended a
contract with PHS following the deaths of three mentally ill inmates during the
past three years, saying they were "terribly dissatisfied" with
services. Nashville jail officials also replaced PHS last month with another
inmate health care service in the wake of widespread criticism for failing to
give inmates enough medical attention. Three diabetic inmates were alleged to
have become ill there after receiving substandard care since January. Prison
Health Services has a profitable business relationship with Gwinnett County in
recent years. Last year, it was paid approximately $6.4 million, and the company
has received more than $3 million in compensation this year.
September 22, 2005 Gwinnett Daily Post
An attorney for the children of an inmate who died after
struggling with deputies has filed a lawsuit against the Gwinnett County
Sheriff’s Department and its contracted health care provider. The lawsuit was
filed Monday in the U.S. District Court’s Northern District in Atlanta on
behalf of the son and daughter of Ray Charles Austin, who are both under the age
of 10. The suit claims that deputies and medical personnel employed by Prison
Health Services should not have forced Austin to receive an injection of a drug
to calm a psychotic outburst at the Gwinnett County Detention Center. Austin,
25, struggled with deputies who were attempting to restrain him so a nurse could
administer the injection on Sept. 24, 2003. Brian Spears, the attorney for
Austin’s family, said Austin was a diagnosed schizophrenic and he was afraid
of needles. During the struggle deputies shocked Austin about six to eight times
with a Taser stun gun, according to the lawsuit. Austin bit off a portion of a
deputy’s ear, and several deputies used their fists, choke holds, Taser shocks
and deprivation of oxygen to retrieve the piece of flesh from Austin’s mouth.
He subsequently lost consciousness and died.
September 21, 2005 Atlanta Journal-Constitution
The family of a man who died at the Gwinnett jail after being repeatedly shocked
with a Taser has filed a federal lawsuit against members of the sheriff's
department. The wrongful death suit was filed this week in U.S. District Court
in Atlanta by attorneys representing the family of Ray Charles Austin. It is the
first of two Taser-related lawsuits expected to be filed by the families of
inmates who have died after scuffles at the jail. Attorneys for Frederick
Williams, an inmate who died in a similar altercation eight months after Austin,
say they plan to file a lawsuit soon. The suit names Sheriff Butch Conway, three
of his deputies allegedly involved in the altercation, and Prison Health
Services, a Nashville-based company that provides medical services for the jail.
Austin's attorneys allege in the suit that the 24-year-old man would not have
died if deputies and a jail nurse had not forced him to take medication, shocked
him eight times, beat and choked him. Gwinnett's medical examiner reported that
Austin died of a heart attack but the autopsy did not clearly determine what
caused the heart attack. Austin's attorneys allege that jail medical officials
ignored a doctor's warning that he should not be forcibly medicated. The warning
was in his jail medical file, according to the suit. Medical personnel and
deputies also ignored Austin's wishes of not being medicated even though Austin
had signed jail paperwork stating that he had the right to refuse medical
treatment, according to the suit.
Hays State Prison
Rome, Georgia
Aramark
July 20, 2010 Rome News-Tribune
Two people were arrested on drug charges Sunday after a road check was conducted
on the access road to Hays State Prison in Chattooga County, a prison
spokeswoman said. According to Chattooga County Jail records and Susie McGraw,
secretary to Warden Clay Tatum: Patricia Denton of Flintsone was charged with
crossing guard lines with drugs or intoxicants, possession of marijuana,
possession of marijuana with intent to distribute and the possession of a weapon
during the commission of a crime. Denton worked for a private food service
company.
Macomb County Jail
Macomb County, Georgia
Correctional Medical Services
March 31, 2006 Macomb Daily
A nurse fired from the Macomb County Jail has retained the law firm of
Geoffrey Fieger for a possible lawsuit against her employer, in connection to a
baby she delivered at the jail. Lori Helhowski, a nurse who last month performed
the first live birth delivery to an inmate in the jail's history, said she has
decided to go ahead with civil action over her dismissal. She said the Fieger
law firm in Southfield is helping her prepare a case of wrongful retaliation and
violation of whistle-blower protection laws. "My son begged me not to even
pursue this, but I feel obligated to pursue it for the sake of the inmates,"
Helhowski said of her legal action. "I just don't even believe it." Helhowski
was terminated March 20 as an employee of St. Louis-based Correctional Medical
Services, or CMS, a private company under contract to provide medical services
at the jail. Although her termination is ostensibly linked to a personal
relationship she developed with former jail inmate Shawn Jefferson, she and an
attorney handling her case have both noted that Jefferson was no longer at the
jail when her employer became aware of the situation. Helhowski believes her
discharge was really connected to concerns she raised at the jail about proper
care for the inmate and her baby. Attorney Arnie Matusz, who represents
Helhowski, said Thursday the timing of her dismissal is questionable since the
inmate was long gone. Matusz said he is helping her prepare a case, but there
are already some obstacles facing him.
March 28, 2006 Free Press
Lori Helhowski, the nurse who delivered the first baby born in the Macomb
County Jail, says she has been fired from her job there. Her employer, St.
Louis-based Correctional Medical Services, told her she was let go Wednesday
because she has a relationship with a former Macomb inmate, she said. Helhowski,
43, of Macomb Township admitted Friday to talking to Shawn D. Jefferson on the
phone and exchanging letters with him. Jefferson now is incarcerated at Parnall
Correctional Facility in Jackson. Helhowski said she believes her firing was
because she had received media attention for the birth and privately complained
about procedures and conditions in the jail. She said she's considering a
lawsuit. Macomb County Jail Administrator Michelle Sanborn said Monday: "I can
tell you that she is no longer working there ... but other than that, this isn't
the kind of thing that I like talking about when someone loses their job or is
terminated."
March 24, 2006 Macomb Daily
A nurse at the Macomb County Jail who made history by delivering the first
baby there may now seek legal action against her former employer, who has cited
her relationship with a former inmate as grounds to fire her. Lori Helhowski, a
Macomb Township resident and nurse with nearly 20 years' experience, said the
administration of Missouri-based Correctional Medical Services terminated her
employment Monday after learning of phone calls and other evidence of a
"personal relationship" with former jail inmate Shawn D. Jefferson. Correctional
Medical Services, or CMS, is the private contractor company that employs all
nurses and medical staff at the Macomb County Jail, where Helhowski was a nurse
on the night shift. Jefferson, 44, of Clinton Township, was in the jail from
roughly October through February on a charge of cocaine possession and allegedly
had several phone conversations with Helhowski on her personal time at home,
when she wasn't working. "Would I sue? I don't know, I'm not really a lawsuit
person. But I've been thinking about it," Helhowski said this week of her
termination. "This isn't like I tried to smuggle a gun to him or something. I
don't understand how they can try to tell me what to do on my own phone, on my
own time, with my own money."
McRae
Correctional Facility
McRae, Georgia
CCA
February 28, 2005 Guardian
Bahamian prisoners in McRae's Correctional Facility
are caught up in a racial war, The Guardian has learnt. In a letter to The
Guardian, which includes the names of Bahamian prisoners incarcerated at McRae,
the writer expresses that they fear for their lives. "It is quite possible
that by the time you receive this letter, one or more of us may be badly
injured, dead or facing serious charges," the letter states. "There is
a racial conflict here that exists .... We have had several Bahamians injured
here during the course of previous rioting." Accompanying the letter is a
copy of an inmate bulletin dated January 25, 2005, which advises inmates of a
lock-down "because of an incident" which occurred in the Recreation
Yard the day before. The bulletin notes the prison would remain on lock-down
until inmates have been interviewed and issues concerned are resolved. In order
to stay alive, Bahamian prisoners have to fight, he says. "I am quite sure
you would not want us to be cowards and accept abuse. We are men who will live
like men or die like men. You are the only ones who can help us. Our Government
must listen to its people. You have the voice. Speak for us," the letter
adds. It is signed, "The Bahamian community."
May
31, 2002
Corrections
Corporation of America
has been awarded a three-year, $109
million contract that would end two
years of dormancy for a company
prison in Georgia.
The
Nashville-based prison operator
was notified yesterday about the
1,500-bed award by the Federal
Bureau of Prisons. CCA will begin
Dec. 1 to house male federal inmates
who aren't U.S. citizens at the prison,
which is in McRae, Ga.
The
contract should help in efforts by
CCA to fill up 10,000 empty beds.
Critics suggested that the bureau bailed out CCA and the private prisons industry. (Tennessean)
June
8, 2002
Asked
whether he feared his company's $45 million gamble on a
private
prison in Telfair County might never pay off, Corrections Corporation of
America
CEO John Ferguson had a simple answer.
"Yes,"
he said with a smile. "We had been to the line a number of
times."
Ferguson
was in McRae on Thursday to tour the facility, which had just landed
a federal contract that will finally bring inmates to the empty prison. He
also
visited two other private prisons owned by CCA, one in Alamo and the other in
Nicholls.
Ferguson
met with Telfair County officials to celebrate the inmate
contract
and discuss plans for getting the prison open.
One
of the biggest helps could come from Heart of Georgia Technical
College,
which is looking to start Spanish classes at its satellite campus in
McRae. The
classes will be needed for prison employees because most of the inmates
will be
Spanish-speaking criminal aliens. Jep Craig, vice president of economic
development at Heart of Georgia
Tech,
said the school has made a proposal to CCA to provide Spanish training for
the
company's employees. "It's
not very in-depth," said Craig. "We are teaching phrases to be
memorized." In
1998, state
audits
gave CCA's two operating prisons in Georgia failing marks, CCA
Vice President Damon Hininger said the state has not found problems
since
then. Carol
Lavely, president of the Telfair County Chamber of Commerce, led a
vigorous letter-writing campaign to urge the Bureau of Prisons to award
the
contract. Hininger
said experience will be required only of supervisory staff.
Everyone
else must have a high school diploma, plus pass a physical and a
background
check. Ferguson
said private prisons are a good option for the state and
federal
government. He disputed a Wall Street Journal article that found the cost
of
housing inmates in private prisons is about the same as government
prisons. (The Macon Telegraph)
Richmond County Jail
Richmond County, Georgia
Correctional Medical Services
August 30, 2009 The Augusta Chronicle
Since the decade began, at least nine men have died while in the custody of the
Richmond County jail. Officially, they were not guilty of anything, but they
were being held until the justice system could determine whether charges against
them could be proven. Those who died varied from a troubled Vietnam vet to a
brain-damaged traffic victim with the mental capacity of a child. Another was a
mentally ill inmate who should have been a free man, but the paperwork releasing
him never made it to the jail. All the deaths were investigated. No criminal
wrongdoing was found. The Augusta Chronicle reviewed the cases at the urging of
families and others who all seemed to want the answer to one simple question:
How could someone in the restrictive and rigidly supervised custody of
incarceration end up dead? IN A PLACE WHERE slaying suspects and tough-talking
young men live behind steel doors and iron bars, the old, handicapped, depressed
or mentally ill can be overlooked. Charles Brunson was severely disabled when he
died at the jail March 12, 2008. The only public notice of his death was an
obituary. The severely disabled and brain damaged 52-year-old might have never
been thought of again by anyone outside his family, except that he suffered a
fatal head injury inside the county jail at 401 Walton Way. Less than four years
earlier, another inmate suffered a near-fatal head injury that an emergency room
doctor said was exacerbated because of a delay in treatment. Like most people
housed in the Richmond County jail, Mr. Brunson had been arrested but not
convicted. The Chronicle learned of Mr. Brunson while reviewing the quality of
medical care at the jail facilities because of two recent lawsuits involving
former inmates and a steady stream of complaints sent to the newspaper by phone,
e-mail, and letters written in pencil by inmates. Since 2003, Augusta has
contracted with Correctional Medical Services to provide medical services in the
county jails. This year's contract is worth more than $4 million. CMS, the
largest U.S. corporation in the prison health care business, takes care of all
medical needs, from nurses and doctors to medicine and equipment. Maj. Gene
Johnson, who is in charge of the jails on Walton Way and Phinizy Road, said he
believes the inmates have better health care than most county residents. Every
day he meets with the registered nurse in charge of medical services to discuss
any especially troubling medical problems among nearly 1,000 inmates, most of
whom Maj. Johnson knows by name or accused deed. "They're getting better care
here than they can on the street," Maj. Johnson said. Some are getting care for
the first time in years. Many have abused themselves for years with drugs and
alcohol at a higher level than the general population, he said. The $17.7
million budget for the jails includes just more than $5.1 million for medical
care. In addition to the contract payment to CMS, the city is liable for any
medical expenses that exceed $10,000 for any single inmate in a single year. CMS
spokesman Ken Fields said the company provides qualified and experienced health
care professionals to see to the medical needs of the jail inmates. That quality
is recognized in the jail's accreditation by the National Commission on
Correctional Healthcare, he said. THE ACCREDITATION, however, doesn't impress
everyone. Attorney Elizabeth Alexander, the director of the American Civil
Liberties Union's national prison project, said that means the facility can
provide an adequate level of care. The way CMS and other for-profit corporations
in the business of prison health care make money is the problem, she said. The
companies get contracts by providing the lowest bid, and the only place to cut
costs is in the medical care, said Ms. Alexander, who works from the ACLU's New
York City office. Once the contracts are set, there's no oversight of the care
because the state or local officials no longer have independent medical staff,
she said. Ms. Alexander represented the family of 21-year-old Timothy Joe
Souders in its lawsuit against the state of Michigan and CMS. Mr. Souders, who
was mentally ill, was chained to a bed for 17 hours a day for four days in a
cell that got as hot as 106 degrees, according to court documents. He died of
dehydration. A surveillance video showed Mr. Souders' experience, and the state
agreed to a $3.8 million settlement in June 2008. "We're quite familiar with
CMS," Ms. Alexander said. The company has a long history of providing inadequate
and often unconstitutional care, she said. It's not the only poor-performing
prison health care company, she said. States and local governments go from one
to the other and back again, usually with the same results, she said. The only
real solution she sees is to use nonprofit-based medical personnel. Mr. Fields
pointed to CMS' 30 years of experience in what is a specialty in the medical
industry. CMS has been a leader in the field, he said, and has developed
strategies and techniques that have improved the quality of care in secured
facilities. CMS has been named in many lawsuits, but numbers don't equate to a
lack of quality care, Mr. Fields said. He estimated that 95 percent of the suits
are dismissed or won by CMS. The Chronicle searched for lawsuits involving CMS
by using legal databases maintained by Justia.com, a private company that
provides free access to courts and other legal issues, and Prison Legal News, a
prisoner rights advocacy organization. The Chronicle found 182 lawsuits against
CMS. State and local governments who have contracted with CMS have had to pay
settlements in 16 cases that totaled more than $28.5 million. Still, CMS wins
almost all of the cases, and the same is true of state and local governments
sued by inmates who complained about the quality of health care. IN FEDERAL
COURT IN AUGUSTA, inmates have sued the county 31 times in the past decade.
Nineteen suits alleged civil rights violations based on medical services. The
city won every case. Another lawsuit, filed by the mother of a man who died of
untreated pneumonia, is pending. In most of those lawsuits, the county didn't
even have to respond to the allegations, thanks to federal legislation passed in
1995. The Prison Litigation Reform Act was designed to curb the flood of
prisoner lawsuits in federal court. It allows judges to summarily toss out what
they see as frivolous cases. Ms. Alexander said the law and case decisions have
set the bar at a near impossible height, regardless of the merit of an inmate's
complaint. An inmate can't claim a constitutional violation based on health care
unless he suffered physical harm, Ms. Alexander said. An inmate also has to
prove the staff knew harm could happen but did nothing to prevent it, she said.
The techniques once used at the Abu Ghraib prison in Iraq wouldn't be considered
civil rights violations in the U.S. legal system, Ms. Alexander said. The
inmates didn't suffer actual physical harm. In an opinion released in January
2007, Supreme Court Chief Justice John Roberts wrote that trial judges and
appellate courts were taking the Prison Litigation Reform Act too far. "We are
not insensitive to the challenges faced by the lower federal courts in managing
their dockets and attempting to separate, when it comes to prisoner lawsuits,
not so much wheat from chaff as needles from haystacks. However ... adopting
different and more onerous pleading rules" is not right, he wrote. Jamie Koss is
among those whose constitutional claim based on health care was tossed out in
the Augusta federal court. He suffered a head injury in the Richmond County jail
Dec. 1, 2004. As he lay unconscious on the cement floor, a nurse did little more
than glance at Mr. Koss before deciding he was fine, according to witness
statements in the GBI file on Mr. Koss' injury, according to his lawsuit. About
seven hours passed before Mr. Koss got help. The delay, the treating physician
at University Hospital said, exacerbated the brain damage. He is now disabled,
in chronic pain and unable to care for himself, according to his lawsuit. Mr.
Koss might have had a case against the nurse who did nothing to help him, but
because she has died, Mr. Koss had no valid constitutional challenge, the judge
ruled. Neither the sheriff's office nor CMS can be held liable for the nurse's
derogation of duty. Mr. Koss, the judge ruled, could not meet the legal standard
for such a constitutional challenge: that CMS or the sheriff's office
participated in the acts or omissions; that either had a history of widespread
abuse so that they should have known there was a risk; or either implemented a
policy that resulted in deliberate indifference. When asked about Mr. Koss'
case, Mr. Fields said CMS cannot discuss any patient's care because of
confidentiality demanded of health care professionals. After death, federal
medical privacy laws allow the release of a person's medical information only to
the executor of the estate; the person authorized access through a health care
power of attorney immediately before death; or a person authorized by the
patient while still alive to receive the information, wrote Christine Shaffer,
an Augusta attorney with experience in litigation dealing with the privacy law
and the state's Open Records Act. Maj. Johnson said the Richmond County jail
staff is doing its best to keep watch over the inmates in the overcrowded
facilities and separate those who are vulnerable or ill. "This jail here has
turned into a mental institution," he said one particularly trying morning in
June. Georgia Regional Hospital was full and not accepting new patients, Maj.
Johnson said, and he had one out-of-control inmate who broke the iron-restraint
chair and tore the ligaments in a captain's thumb. THERE ARE PROCEDURES SET to
catch potential medical problems on the front end, Maj. Johnson said. Every
person brought into the jail is asked a set of questions to determine whether he
or she has any medical needs or could be suicidal. A nurse is to check the
answers and follow up on any potential medical needs. Every person can fill out
a request to see the CMS physician or dentist, Maj. Johnson said, but the
requests are screened by a nurse to determine whether an inmate should see the
doctor. The doctor works 40 hours a week. On any given day, the jail facilities
hold a combined population of about 1,000. A recent article in a John Hopkins
University publication found the average ratio of physician to patients in the
United States is 1 to 400. What medicine an inmate receives is up to the
physician, Maj. Johnson said. Jail staff cannot allow family or anyone else to
provide medication for an inmate because staffers have no way to verify what it
is, he said. In lawsuits, former inmates have complained that they cannot get
access to the nurses and especially to the doctor. Maj. Johnson denies those
charges. Inmates have access to medical care, and the medical staff is trained
to deal with inmates incapable of asking for medical attention, he said. Dealing
with mentally ill inmates is a huge issue for the medical and jail staffs, he
said. There have been at least five suicides since 2001. According to GBI
reports reviewed by The Chronicle , most had been on antidepressants. John O.
Johnson was a 43-year-old repeat offender looking at life in prison if convicted
of a series of armed robberies. After his May 21, 2003, arrest, he tried to
choke himself to death with a shoestring and he banged his head into a wall. The
jail put him on suicide watch. Mr. Johnson convinced the medical staff he was
all right, according to the GBI report. He was moved to the special needs unit
in a lock-down status, but he was allowed to have clothing and the normal items
other inmates have. The morning after he was moved off suicide watch, Mr.
Johnson was found hanging from a strip of bedsheet. He left handwritten copies
of a will and testament and letters of apology to his mother and the mother of
his children. He also left a note apologizing to the people of Richmond County
for his crimes. According to a statement given by one of the nurses, Mr. Johnson
swore he would kill himself because staff couldn't watch him all of the time.
Though not many people have died in the county jails in recent years, the number
shouldn't be the criterion for judging the quality of medical care, said Ms.
Alexander, who has been with the ACLU Prison Project since 1981. The critical
question is whether any of the deaths were preventable, Ms. Alexander said. The
only way to know for sure is to examine the medical records, she said. If
something went wrong, the problem needs to be understood and corrected, she
said. She compared it to how the National Transportation Safety Board operates.
Compared with the number of flights every year, the number of crashes is not
statistically significant, but the board examines every accident to find out
what happened and whether there was a problem that can be corrected to prevent
another accident, she said. Though Mr. Koss' near-fatal head injury in December
2004 was exacerbated because of a delay in treatment, when Mr. Brunson struck
his head in March 2008, the nurse took no action to determine whether the
severely disabled and brain-damaged man might have had a brain injury, according
to the GBI file. Mr. Brunson's family isn't seeking civil unrest or damages from
lawsuits. They say they just wanted to know why he couldn't have been saved.
August 30, 2009 The Augusta
Chronicle
Jamie Koss liked to drink, and his rap sheet indicates it was usually the reason
the Vietnam War veteran found himself repeatedly behind bars. Not anymore. On
Dec. 2, 2004, Mr. Koss lay unconscious on the cement floor of a jail cell for
hours as his brain bled and swelled. He recovered, somewhat, and sued Richmond
County, the sheriff and Correctional Medical Services, the company that has the
contract to provide medical services at county jail facilities. Deputies booked
Mr. Koss into jail about 6 p.m. for disorderly conduct. It didn't take him long
to start an argument with inmate Gilbert Jacobs. He called Mr. Jacobs names and
questioned his service during the Vietnam War. Mr. Jacobs responded by punching
him once in the face. It knocked Mr. Koss off his feet. Mr. Jacobs and the other
men in the holding cell would later tell Georgia Bureau of Investigation agents
that Mr. Koss' head slammed on the concrete floor about 8 p.m. One of the men
told Deputy David Copeland that Mr. Koss had been hurt, and the deputy could see
Mr. Koss had blood on his face and head. The officer called nurse Nellie
Williams, who looked at Mr. Koss from the doorway but did nothing else,
according to the GBI report obtained by The Chronicle through the state's Open
Records Act. Ms. Williams, a registered nurse, told investigators that no one
told her Mr. Koss had been hurt. He was breathing OK and she thought he just
needed to sleep off being drunk. A review of the jail video recording shows Ms.
Williams at the cell door for about 30 seconds. Mr. Koss came to after a couple
of hours on the floor, the other men in the cell told GBI agents. He got up onto
one of the benches but fell off several times. About 3 a.m., when a deputy came
to move the men out of the holding cell, he couldn't wake Mr. Koss. At the
hospital, doctors operated on Mr. Koss. They warned jail staff that he might not
make it, according to the investigative report. He did survive, however, after a
month in the hospital and many more months in physical therapy. He is blind in
one eye, unable to stand without support and cannot bathe or dress himself. The
physician who treated Mr. Koss at University Hospital said the brain damage was
exacerbated by the delay in getting medical care. In a March 30 decision, U.S.
District Court Judge J. Randal Hall wrote that Mr. Koss couldn't prove any jail
or medical worker was deliberately indifferent, except perhaps Ms. Williams.
Because she died in February 2005, Mr. Koss didn't have a federal case, Judge
Hall ruled.
Savannah River Site
Augusta,
Georgia
Wackenhut (Group 4)
July 27, 2010 Aiken Standard
A Caucasian man is claiming that he was the subject of racial discrimination at
the hands of the security contractor at the Savannah River Site, Wackenhut
Services Inc. (WSI). Marvin Timothy Oerman filed a complaint Monday in U.S.
District Court, claiming that he was demoted from a management position,
suffering loss of pay, stature and future career prospects in order to promote a
minority employee. "Defendant's actions towards Plaintiff are consistent with
its pattern and practice during the WSI-SRS reorganization, which targeted and
impacted white males in a discriminatory and adverse manner," the suit reads.
Oerman stated that he was a manager in WSI's training division at SRS, alongside
two others - a white female and a black man who he identified only by sex and
race. In early 2010, the suit states WSI-SRS began discussing a reorganization.
In this, Oerman claims to have been told that more minority candidates were to
be brought in at supervisory and management levels to compensate for upper
management at the private security company being dominated by Caucasian males.
Despite his experience and work record, individuals at WSI-SRS informed Oerman
that he was not even considered for a manager position because of his race, and
this was reaffirmed to him after an alternative candidate was put in place. "We
have not received official notification of a lawsuit, but I can tell you that we
are in full compliance with applicable legal requirements, and that there has
been no discrimination," Rob Davis with external affairs for WSI-SRS said.
"However, we do not comment on the specifics of pending or ongoing litigation."
As the suit was only filed Monday, WSI was not officially served with it until
Tuesday. The claim is not the first of race discrimination at the long-time SRS
security contractor. Lagone Melton of Hephzibah, Ga., a black male, filed a
federal claim against WSI in late 2009 claiming he was treated differently and
more severely than white colleagues in similar disciplinary actions. WSI has
denied all claims made by Melton in court filings. WSI has been SRS' security
contractor since 1983 and recently signed a $989 million contract to continue to
do so for the next decade.
June 16, 2010 WISTV
Wackenhut Services, Inc. has agreed to pay the United States $650,000 to resolve
allegations that it defrauded the government for security services at the
Savannah River Site. U.S. Attorney Bill Nettles said the settlement resolves
allegations that WSI submitted hundreds of thousands in expenses to be
reimbursed by the Department of Energy from 2001 through 2005. The only problem,
the government says, is that those expenses were expressly forbidden to be
reimbursed. Nettles said expenses included, among other things, a charter boat
cruise, a Polynesian drum show, and alcohol for WSI employees. The government
contends that WSI violated both the False Claims Act and the Federal
Acquisitions Regulations Act. The government says WSI submitted claims which
included expressly unallowable costs under the and later said the claims did not
include any expressly unallowable costs. The FAR also has separate penalties for
violating its provisions which were resolved in this settlement. "This is a
significant settlement," said Nettles. "When providing services paid for by the
government, contractors must adhere to the requirements of the FAR."
December 22, 2009 Aiken Standard
A long-serving member of the Savannah River Site's military-style security
force is suing his employer, claiming he was discriminated against because of
his race. His former employer, however, states they fired him due to numerous
arrests and his unwillingness to cooperate with Department of Energy physicians
who were assessing his "fitness for duty." Lagone Melton of Hephzibah, Ga.,
filed a federal civil rights lawsuit against Wackenhut Service Inc. recently,
claiming he was treated differently and more severely than white colleagues in
similar disciplinary actions. He further claims he was demoted, decertified and
terminated when he raised the issue of racial discrimination to union officials.
His former employer denies all of Melton's claims. Melton has been employed by
the security firm since 1990 and has received positive performance evaluations
since that time, he claims in his complaint. He was fired from his position on
July 9, 2007, under what he believes are false pretenses. In December 2006,
Melton was charged with reckless driving, he wrote in his complaint. After
reporting this to his employer, they required Melton to attend alcohol and anger
management treatment, he claims. "Other white employees of the same rank, SPO
III, received driving under the influence charges but were not treated in the
same manner as the plaintiff," Melton's complaint reads. "They were not required
to enter into a treatment program." Court records show, as the defendants claim
in their response, that Melton was arrested Dec. 24, 2006, and charged with DUI
and weaving over the roadway, but it was reduced to reckless driving when Melton
pleaded guilty. He was sentenced to two days in jail, probation and had his car
fitted with an ignition interlock device which acts as a breathalyzer that will
not allow someone over the legal alcohol limit to drive. Wackenhut officials
state that this was not the first time Melton was arrested for DUI and that they
ordered alcohol dependence and anger management classes at the behest of a
clinical psychologist. "(The) plaintiff was arrested for driving under the
influence in December 2006; he had been arrested on at least three previous
occasions for (DUI) and on other occasions arrested for other misconduct, and,
as a result, ... he was referred to an off-site clinical psychologist for
evaluation for fitness for duty," the response states. An outspoken proponent of
employees unionizing, Melton was made an administrator when the Local 125
organization was ratified in January 2007. He states in his complaint that he
was targeted for termination after he expressed that African-American applicants
were being "denied hire" and that Wackenhut "demonstrated unwillingness to work
with African-American union executives." Wackenhut officials deny all of this
charge.
March 12, 2008 Metro Spirit
When Augusta Mayor Deke Copenhaver and two other local mayors designated the
Wackenhut Corporation a “business of character” last month in a big ceremony at
Savannah River Site, it caused more than a few chuckles among people in the
know. The mayors presented awards to Wackenhut, a paramilitary company with a
security contract at SRS, because it takes part in the National Character First
Program. While Moses was content with 10 laws, the National Character First
Program lists 49 character traits, including every manager’s dream traits:
docility, meekness and obedience. Companies that take part in the program
receive training materials to emphasize a different character trait each month.
Character traits include alertness and attentiveness. That would make sense
after Wackenhut was fired late last year from all 10 of Exelon Corporation’s
nuclear power plants after a TV news station obtained footage of Wackenhut
guards sleeping on the job. The list includes compassion, which might have
helped local resident Sandra Tobin when she was pulled over at SRS in 2005 with
an expired vehicle registration. She alleges the Wackenhut guards used excessive
force in her arrest and then illegally seized her vehicle. The issue was settled
last year in federal court. Also on the list: truthfulness. That might have kept
Wackenhut out of trouble before Miami-Dade County officials accused the company
of billing the county for work it did not perform. A dose of forgiveness might
have persuaded Wackenhut not to sue the Service Employees International Union
under the civil provisions of the RICO statute for publicizing the stories of
Wackenhut whistleblowers. Wackenhut has also been investigated for allegedly
hiring felons without background checks, cheating on tests of nuclear security
against mock attackers and retaliating against whistle blowers. Investigative
reporter Greg Palast has called Wackenut’s privatized prisons “hell on earth.”
The company was even too harsh on inmates by Texas standards. About a decade
ago, Texas terminated its prison contract with Wackenhut after prison personnel
were indicted for sexually abusing inmates. The mayor was unavailable for
comment.
Stewart County Correctional
Facility
Lumpkin, GA
CCA
June 2, 2010 Georgia Public Broadcasting
For one West Georgia County this year’s census could bring a windfall of federal
money. That’s because of the number of illegal immigrants it detains. Stewart
County has a less than 5-thousand people, but following the census their numbers
will swell. 17-hundred illegal immigrants being held in the Stewart Detention
Center in Lumpkin will be counted as residents even though they stay in the
facility less than two months. Stewart County Commission Chair Joe Williams says
the Corrections Corporation of America which operates the facility, also gives
the county a daily fee for each inmate and provides jobs. “They pay property tax
and they spend money here in the county. Their payroll comes through our local
bank.” The county could receive around 15-hundred federal dollars for each
detainee, be eligible for more government grants and greater representation in
Congress.
December 3, 2009 Workers World
Some 100 people gathered at the town square in Lumpkin, Ga., on Nov. 20 to
protest the conditions at the nearby Stewart Detention Center, a privately owned
prison that holds 1,800 immigrants awaiting deportation. Operated by the
for-profit Corrections Corporation of America, the facility is located almost
two miles outside of Lumpkin in an isolated area. Following a series of speeches
by immigrant rights activists and a former employee of the detention center, the
crowd marched to the gates of the prison, where three large buses blocked the
view of the complex. Undeterred, the protesters held a memorial service for
Roberto Martinez Medina, a 39-year-old worker from Mexico who died in March from
a treatable heart infection after his pleas for medical assistance were ignored
by prison staff. More than 100 immigrants have died while in custody of
Immigration and Customs Enforcement in the last few years. The action was
organized by the Georgia Detention Watch and supported by numerous groups,
including the SOA Watch.
June 12, 2009 AP
An autopsy shows a detainee at a federal immigration detention center in
south Georgia died of natural causes. Georgia Bureau of Investigation spokesman
John Bankhead said Thursday 39-year-old Roberto Martinez Medina died of
myocarditis, an inflammatory heart disease. Martinez, a Mexican national, was
being held at Stewart Detention Center in Lumpkin - which is operated by the
same company that plans to open a similar facility in Gainesville, Corrections
Corporation of America (CCA). Martinez died March 11 at St. Francis Hospital in
Columbus. A coalition of immigrant rights and civil rights groups planned to
hold a vigil Thursday in front of the Atlanta headquarters of the federal
Immigration and Customs Enforcement agency. The groups are demanding
accountability and transparency from the agency. Martinez's death was one of the
issues they wanted information about.
June 11, 2009 Atlanta Journal-Constitution
On March 11, a 39-year-old man held in detention at the Stewart Detention
Center, a federal Immigration and Customs Enforcement (ICE) facility in
southwest Georgia, died at a hospital in Columbus. To this day, the immediate
cause of Roberto Martinez Medina’s death remains unclear (a press release
pronounced the cause of death as “apparent natural causes”). Last month, Leonard
Odom, 37, died at the Wheeler County Correctional Facility in south-central
Georgia. Both facilities are operated by Corrections Corp. of America, which has
a contract with the Department of Homeland Security to operate the Stewart
center and one with the Georgia Department of Corrections to operate the one in
Wheeler County. The DOC has not released additional information about the death
of Odom, due to an ongoing investigation by the Georgia Bureau of Investigation.
What sets apart the deaths of these two men held at CCA-operated facilities is
the difference in official responses. In the case of the death at the
immigration detention facility, there have been no further explanations
regarding what may have prompted the death — much less an official investigation
by Immigration and Customs Enforcement, which was created as a part of Homeland
Security in 2003 to consolidate immigration enforcement. Medina’s tragic death
marks the latest in the mounting number of immigrant deaths in the custody of
CCA, the largest corporation in the business of for-profit detention. From
October 2003 through Feb. 7, 2009, 18 people died in immigration detention
custody in facilities operated by CCA alone, according to information from The
New York Times. Yet ICE has failed repeatedly to hold CCA accountable. Instead,
the federal agency continues to reward CCA with additional contracts, most
recently for operation of the North Georgia Detention Center in Hall County. The
CCA’s track record should come as no surprise to those who read the report
issued in April by Georgia Detention Watch, a coalition of several organizations
and individuals advocating an end to unjust and inhumane immigration detention
and local enforcement practices. The report was based on interviews with 16
detainees during a humanitarian visitation coordinated by Georgia Detention
Watch in December 2008. The report uses ICE’s own Performance Based National
Detention Standards to evaluate conditions at Stewart. Even compared to ICE’s
own nonbinding standards, conditions at the CCA-operated facility can best be
described as grossly inadequate. Members of Georgia Detention Watch and partner
organizations have requested on several occasions to meet with ICE to discuss
the findings of the report, but have gotten no response. Georgia Detention Watch
is not alone in demanding answers and accountability for immigrant deaths in
U.S. detention. The United Nations Expert on Extrajudicial Killings, Philip
Alston, who toured the United States on a fact-finding mission in June 2008 on a
mandate to investigate killings in violation of international human rights and
humanitarian law, recently released a report demanding greater transparency and
swift and public investigations for deaths in immigration detention. Today marks
three months since the death of Medina. ICE has yet to provide any answers
regarding why this man died in detention. Neither have Georgia Detention Watch
members been provided with an opportunity to meet with ICE representatives to
discuss the mounting concerns regarding the treatment of immigrants at the CCA-run
Stewart. With the prospect for yet another CCA-run immigrant detention facility
in Hall County, these concerns become especially urgent. If ICE’s oversight of
the CCA operation of Stewart is any guide, we can expect yet another facility
funded by taxpayers held to no standards at all.
April 11, 2009 AP
Immigrant rights groups released a report Friday criticizing what they call
"grossly inadequate" conditions at a federal immigration detention center in
southwest Georgia and recommending changes. The report by Georgia Detention
Watch complains about food and medicine being withheld as punishment, trips to
solitary confinement without a disciplinary hearing and insufficient working
toilets, among other things. The report, based on interviews with 16 detainees
during a humanitarian visit organized by Georgia Detention Watch in December,
was released at a news conference in front of the U.S. Immigration and Customs
Enforcement office in Atlanta. Georgia Detention Watch is an Atlanta-based
coalition of immigrant rights groups and individuals. Some treatment described
by detainees "may reflect violations of ICE's national detention standards and
basic protections guaranteed by the federal Constitution and international human
rights standards," the report says. The report comes about a month after Roberto
Martinez Medina, a 39-year-old Mexican citizen detainee at Stewart, died at a
hospital in nearby Columbus on March 11. ICE spokesman Ivan Ortiz said the
agency is still awaiting the results of an autopsy to determine cause of death.
Some attendees at the news conference wore black T-shirts that said "Why did
Roberto Martinez Medina die in detention?" Azadeh Shahshahani, an American Civil
Liberties Union lawyer who wore one of the shirts, said she didn't know if he
received inadequate medical care but speculated his and other detainee deaths
may have been preventable with better care. The detention center in Lumpkin, in
rural southwest Georgia, is operated by Nashville-based Corrections Corporation
of America, the country's largest private prison firm. CCA spokeswoman Louise
Grant referred questions to ICE. "The care and treatment some detainees receive
does not yet meet our shared expectation of excellence. We all agree this is
reason for concern," the agency said in a statement.
September 22, 2008 Galeo.org
Prisoners at the privately contracted Immigration and Custom Enforcement (ICE)
Detention Center in Lumpkin, Georgia have the right to have qualified leadership
supervising over them. Recently it has been discovered that the for profit
prison company contracted to supervise these prisoners at the Stewart Detention
Center may be promoting people with fake college records from a very well known
diploma mill. The Stewart Detention Center is owned and operated by Corrections
Corporation of America (Headquartered in Nashville, TN). Senate Governmental
Affairs Committee Chairman Susan Collins (R-ME) has previously stated that “No
contender for a job— whether it’s in the private sector or federal
government—should lose out to a candidate because that candidate holds a bogus
degree.” This was in response to the findings of a Senate Homeland Security and
Governmental Affairs investigation into fake college degree's being bought in
order to fake qualifications for government jobs ( http://hsgac.senate.gov/public/index.cfm
? Fuseaction=PressReleases.View&PressRelease_id=c0e23155-0de5-4fa7-9617-f70899351078&Affiliation=R).
This issue was initially raised in March of 2004 when Laura Callahan was named
to the position of Deputy CIO of the Department of Homeland Security. The
Immigration and Customs Enforcement agency is part of the Department of Homeland
Security. An investigation found that Laura Callahan and other government
employees had purchased fake degree's and succeeded in getting key government
positions. It appears that at least one Assistant Warden employed by Corrections
Corporation of America at the Stewart Detention Center in Lumpkin, GA has bought
his degree from one of the most well known fake degree mill's currently in
operation. Corrections Corporation of America's own website ( http://www.correctperspectives.com/story.cfm?id=286
) shows that Assistant Warden Charlie Peterson holds a bachelor’s degree in
criminal justice from Ashwood University. Ashwood Universities website states
"We recognize 100% of the work or life experience of our students" ( http://www.ashwooduniversity.net/
). In other words you do not need to take any tests or study at all to receive
one of their college degree's. One can assume that Stewart Detention Center
Assistant Warden Charlie Peterson only had to pay the $239.00 fee in order to
receive a degree.
April 13, 2007 Albany Herald
The Americus-based Prison & Jail Project and the LaGrange-based Alterna
nonprofit advocacy community will hold a demonstration outside the Stewart
County Detention Center in Lumpkin Saturday to protest reports of poor medical
care and food at the facility. The vigil is being held in response to a hunger
strike prisoners staged last month to protest what they said was mistreatment of
immigrants housed at the 1,500-bed detention center. “Any time prisoners stage a
hunger strike, risking further punishment or retaliation by prison authorities,
there has to be something terribly wrong with the prison,” Prison & Jail Project
Director John Cole Vodicka said in a phone interview. “We want the authorities
to know that there are people out here who will not tolerate prisoner neglect
and abuse. “We can’t verify all the charges that have been made at the facility,
but its isolation — and we can’t say whether that’s deliberate or not —
certainly enhances the possibilities. It certainly makes it difficult for
detainees to have access to legal counsel and for their families to visit them.”
The detention center, located in rural Stewart County, was built by the private
Corrections Corporation of America, which contracts with the United States
Immigration and Customs Enforcement Agency to house undocumented immigrants
arrested in all sections of the country. A spokesperson for CCA said most of the
detainees are awaiting deportation hearings. “People need to understand, this is
not a prison, it’s a detention facility,” Steve Owen, spokesperson for
Nashville, Tenn.-based CCA, said in a phone interview. “We hold the detainees
for ICE until they determine their (immigration) status or deport them. Of
course, some countries don’t readily take their citizens back, so we sometimes
have to find other countries willing to take them.”
March 30, 2007 Immigration News Briefs
More than 1,000 immigration detainees held a two-day hunger strike at the
Stewart Detention Center in Lumpkin, Georgia, according to the consul general of
El Salvador in Georgia, Asdrubal Aguilar. The Atlanta Latino newspaper reported
the protest in a March 22 article, but did not say when it took place. The
facility is operated by the Corrections Corporation of America (CCA) under
contract with the US Immigration and Customs Enforcement (ICE) agency. Aguilar
said the Salvadoran consulate received as many as 600 calls in one day from
detainees reporting the protest and complaining about conditions. The consulate
sent staff members to the detention center and interviewed 40 detainees. Aguilar
reported that detainee Oscar Armando Castaneda Lopez was beaten by CCA guards
after clashing with a guard who tried to force him to eat. Castaneda was
punished with 45 days in "the hole," an isolation unit. After the hunger strike,
authorities transferred the women detainees at Stewart to the Etowah County
Detention Center in Gadsden, Alabama. Guillermo Antonio Carpio, a 70-year old
detainee at Stewart, told the consulate he is HIV-positive and has Parkinson's
disease and diabetes, yet is denied adequate food and medical care at Stewart.
Carpio said when he has medical problems needing attention, it generally takes
two to four days before he can see a doctor. Another detainee, Carlos Antonio
Alfaro, said he suffers from attacks of schizophrenia which must be controlled
with medication, but since being detained he has not had access to medication
and his condition has worsened. Jose Saul Hernandez Argueta, also detained at
Stewart, said he and his wife were arrested last October in a raid on a Houston
meatpacking plant. Their only son, who was eight years old and suffered from
asthma, was at school when his parents were arrested; he was sent to live with
his uncle and aunt, who were unfamiliar with his treatment needs. Hernandez said
his son's asthma grew worse and he died three weeks ago from complications of
the condition. "My wife is currently in an immigration jail in Texas, and I
don't even know if she knows about our son," said Hernandez. (Atlanta Latino,
March 22)
December 19, 2006 The Ledger-Enquirer
Stewart County has experienced a steady population decline during every decade
since 1900. County and city officials expect to reverse that, but one factor
stands in the way of a community hoping to lure more people to the rural county:
Crime. "I had a problem with a drug neighborhood between the courthouse and
Westville when I was executive director there," said Stewart County Manager Mac
Moye. "It was affecting Westville visitation. I won't say anybody was in danger.
People were wary when they went through it. "We have a lot going for Stewart
County," he said. "Property values are up. Our schools have made significant
progress in the last few years. The Corrections Corporation of America prison
opened in October, adding some 311 jobs, including some 50 held by local
citizens. We have Apex, a modular home company, which located in Richland. They
have 58 employees and hope to have 150 by June. We have every reason to expect
Fort Benning is going to have major impact on this county in the next five
years.
September 30, 2006 Ledger-Enquirer
There is something morally repugnant about making a profit on someone else's
brokenness. It's not that the prisons in the state of Georgia don't do that, but
there is some incentive for the state not to fill every prison bed, said John
Cole Vodicka, director of the Prison & Jail Project, a watchdog organization in
Americus, Ga. But when you have a company operating a prison that needs to fill
up every cell in order to turn a profit that meets their shareholders
expectations, there is absolutely no incentive to reduce that population or to
figure out ways to get people out of that prison, said Cole Vodicka. Jim
Wetherington, former commissioner of the Department of Corrections, said the
state opted for private prisons because it's cheaper, but he also has reasons
for not favoring for-profit facilities. "I never was in favor of private prisons
because they don't offer the services we offer in state prisons. They don't go
in depth on the rehabilitation as the state does, and they have fewer guards,"
said Wetherington, who is a candidate for mayor of Columbus, and the city's
former police chief. Cole Vodicka said he understands officials' desperate need
for jobs and to bring their county up and out of poverty. "Stewart County is one
of the poorest counties in the state -- one of the poorest counties in the Deep
South," he said. "At the same time, I think they are being sold a bill of goods.
I think ultimately what's going to happen is that a lot of the jobs at the
prison will be filled by people who do not live in Stewart County right now, and
won't choose to live there once they get jobs at the prison," Cole Vodicka said.
Failing public? Frank Smith agreed. Smith, who is national field organizer for
Private Corrections Institute, contacted me after reading "For profit prisons
fail public." It was Tuesday's column about the Corrections Corporation of
America's upcoming job fair. CCA runs for-profit corrections facilities. "People
call this the Prison Industrial Complex. They recruit guys who are wardens in
state penitentiaries. The corporations bring in the big shots. And pay the
guards low wages," said Smith, who said he got involved with for-profit prisons
about 15 years ago in Alaska. At that time, he said, Alaska wanted to send 320
prisoners to Texas. Smith referenced a 1970s study in which researchers looked
at prisoners who, in the last year of incarceration, had zero, one, two or three
visitors. They found that the people who had no visitors had a recidivism rate
six times that of people who had three or more visitors. Researchers defined
visitors as different people. One person who visited a prisoner three times
counted as one visitor, said Smith, a social worker, who had contracted with
Alaska department of corrections to provide substance abuse treatment. Smith
also recalled an incident in which a for-profit prison in Oklahoma was emptied
because Wisconsin officials removed the prisoners. "Wisconsin insisted on a deal
so that prisoners didn't lose contact with their families back home. The prison
couldn't negotiate for a reasonable phone rate, so Wisconsin pulled all the
prisoners. And the prison sat empty for about three years," he said. Cole
Vodicka said most of the prisoners in the Stewart County facility are going to
be those who either haven't been in the country very long or are in this country
illegally: "This means folks working there will encounter folks not like
themselves. Different culture. Different language. That immediately raises some
concerns about how well trained these prison employees will be." Prison
employees will live in Columbus. They'll live in Albany. And they'll live in
Alabama. But they are not going to choose to live in Stewart County, which needs
a lot more help with its infrastructure than they are going to get from the
Corrections Corporation of America, Cole Vodicka said. "There may be a gas
station or a restaurant that will get a few dollars because the prison is
there," he said. "And maybe a few people will choose to live in Lumpkin. But by
and large, Lumpkin will be known as a prison town. The prison is a mile from the
courthouse square." Contact Kaffie Sledge at 706-571-8585 or ksledge@ledger-enquirer.com
September 26, 2006 Ledger-Enquirer
Though disturbing, the ad for Corrections Corporation of America seems to
have appeared right on time. Georgia has an obvious need for more prison beds --
for sex offenders and illegal immigrants -- otherwise what are Gov. Sonny Perdue
and challenger Lt. Gov. Mark Taylor telling us in their ads? Set boldly at the
bottom right corner of Sunday's classified section, the announcement of a CCA
job fair got my full attention. The problem with for-profit prisons such as CCA
is the only people who benefit are CCA stockholders. CCA's job is not about
correcting behavior, reuniting families or contributing anything to the
community other than some low-paying, high-turnover jobs. "Our experience with
any of these private prisons is that the prisons are poorly operated," said John
Cole Vodicka, director of the Prison & Jail Project, a watchdog organization in
Americus, Ga. "The guard force is poorly trained, unable to react in a positive
way to the prisoner population. It seems the mindset is to implement whatever
cost-cutting measures you can implement, so that the profit margin is great."
It's a business to Corrections Corporation of America. They are not looking at
how to change lives or restore lives and send people back into the community.
CCA is looking at filling up those cages to make a profit. "Outsourcing is
becoming more and more the norm," Cole Vodicka said. "Entities such as CCA come
into a community and say, 'We can do this cheaper. You will not have to spend as
much money, if you contract with us.' "This may or may not be true. I don't know
that there's any data out there to show that this is true. But again, these
folks are in it for the money. And it's seductive in our poor communities, which
make up the bulk of rural southwest Georgia." Our responsibility. If we choose
to build prisons and fill up prisons and operate prisons, it should be the
citizens' responsibility. We shouldn't just give it up to some private entity
that really has no interest in the welfare of our community, Cole Vodicka said.
The Stewart County facility, for example, will warehouse people labeled as
"criminal illegal immigrants." Some of the alleged crimes committed by these
immigrants amount to being in this country illegally. Period. Does illegal entry
into the U.S. warrant being sent to Lumpkin, Ga., where nobody knows your name
or your language, and your friends and family won't have a clue as to your
whereabouts? When prisoners are shipped off to be warehoused, Cole Vodicka said,
their sentences become indefinite. "In such instances, there is absolutely no
way for prisoners to maintain contact with families and lawyers," he said.
"People can get lost. They enter the country illegally, get picked up by law
enforcement and sent to Lumpkin. Lumpkin has nothing in place to provide
assistance to immigrants. Lumpkin has little in place to assist its own."
Contact Kaffie Sledge at 706-571-8585 or
ksledge@ledger-enquirer.com
April 14, 2003
A dispute over the price the state will pay for a 1,600-bed private prison in
Stewart County led lawmakers Monday to delete $40 million in bonds that could be
used to buy the facility. The House-passed $16 billion budget approved by
a 114-63 vote goes to the Senate without funding for the purchase of the prison
near Lumpkin from Corrections Corp. of America. "We just can't agree
on a purchase price right now," House Appropriations Committee Chairman Tom
Buck, D-Columbus, told colleagues as he explained details of the proposed state
budget for the year beginning July 1. "The state thinks the price
ought to be 'X,' and those that started construction think it ought to be 'Y,'
" Buck said. "We're just going to have to take another look at that
next year." Corrections Corp. of America, a Nashville, Tenn.-based
company, reports it has invested about $35 million in the prison. It stopped
construction after the state announced it was no longer interested in using
privately operated prisons to accommodate the burgeoning prison
population. (Columbus Ledger-Enquirer)
January 19, 2003
Gov. Sonny Perdue included $40 million in bond money in his budget to buy and
complete a 1,524-bed private prison near Lumpkin in west Georgia. The
prison has lain dormant and unfinished since June2000 when the state told CCA of
Nashville, Tenn., it was no longer interested in using a privately run prison
facility. A state assessment Dec. 2 estimated construction is only about
50 percent complete. (AP)
Telfair
County Jail
Telfair, Georgia
CCA
Many state and local officials went to prison Wednesday, and they couldn't have
been happier. Just days before the first inmates arrive, Corrections Corp.
of America held a dedication ceremony for its new $60 million, 1,500-bed prison
in Telfair county. But Wednesday's opening was a long time coming.
The company struggled to get an inmate contract while the completed prison sat
vacant for more than a year. In May, The Federal Bureau of Prisons
announced it would fill the facility with criminal aliens, most of whom will be
Hispanic. Speakers at the ceremony included Lt. Gov. Mark
Taylor, House Speaker-nominee Terry Coleman and the company's CEO, John
Ferguson. (Telegraph Staff Writer)
Wheeler
Correctional Facility
Wheeler County, Georgia
CCA
June 11, 2009 Atlanta Journal-Constitution
On March 11, a 39-year-old man held in detention at the Stewart Detention
Center, a federal Immigration and Customs Enforcement (ICE) facility in
southwest Georgia, died at a hospital in Columbus. To this day, the immediate
cause of Roberto Martinez Medina’s death remains unclear (a press release
pronounced the cause of death as “apparent natural causes”). Last month, Leonard
Odom, 37, died at the Wheeler County Correctional Facility in south-central
Georgia. Both facilities are operated by Corrections Corp. of America, which has
a contract with the Department of Homeland Security to operate the Stewart
center and one with the Georgia Department of Corrections to operate the one in
Wheeler County. The DOC has not released additional information about the death
of Odom, due to an ongoing investigation by the Georgia Bureau of Investigation.
What sets apart the deaths of these two men held at CCA-operated facilities is
the difference in official responses. In the case of the death at the
immigration detention facility, there have been no further explanations
regarding what may have prompted the death — much less an official investigation
by Immigration and Customs Enforcement, which was created as a part of Homeland
Security in 2003 to consolidate immigration enforcement. Medina’s tragic death
marks the latest in the mounting number of immigrant deaths in the custody of
CCA, the largest corporation in the business of for-profit detention. From
October 2003 through Feb. 7, 2009, 18 people died in immigration detention
custody in facilities operated by CCA alone, according to information from The
New York Times. Yet ICE has failed repeatedly to hold CCA accountable. Instead,
the federal agency continues to reward CCA with additional contracts, most
recently for operation of the North Georgia Detention Center in Hall County. The
CCA’s track record should come as no surprise to those who read the report
issued in April by Georgia Detention Watch, a coalition of several organizations
and individuals advocating an end to unjust and inhumane immigration detention
and local enforcement practices. The report was based on interviews with 16
detainees during a humanitarian visitation coordinated by Georgia Detention
Watch in December 2008. The report uses ICE’s own Performance Based National
Detention Standards to evaluate conditions at Stewart. Even compared to ICE’s
own nonbinding standards, conditions at the CCA-operated facility can best be
described as grossly inadequate. Members of Georgia Detention Watch and partner
organizations have requested on several occasions to meet with ICE to discuss
the findings of the report, but have gotten no response. Georgia Detention Watch
is not alone in demanding answers and accountability for immigrant deaths in
U.S. detention. The United Nations Expert on Extrajudicial Killings, Philip
Alston, who toured the United States on a fact-finding mission in June 2008 on a
mandate to investigate killings in violation of international human rights and
humanitarian law, recently released a report demanding greater transparency and
swift and public investigations for deaths in immigration detention. Today marks
three months since the death of Medina. ICE has yet to provide any answers
regarding why this man died in detention. Neither have Georgia Detention Watch
members been provided with an opportunity to meet with ICE representatives to
discuss the mounting concerns regarding the treatment of immigrants at the CCA-run
Stewart. With the prospect for yet another CCA-run immigrant detention facility
in Hall County, these concerns become especially urgent. If ICE’s oversight of
the CCA operation of Stewart is any guide, we can expect yet another facility
funded by taxpayers held to no standards at all.
May 20, 2009 Macon.com
An inmate died over the weekend at a privately run prison in Wheeler County,
and the Georgia Department of Corrections is withholding most details while an
investigation is under way. Leonard Odom, 37, died Sunday, according to the
department. He was serving 10 years on two arson charges from Toombs and Appling
counties, according to the Department of Corrections’ Web site. A department
spokeswoman wouldn’t release other information about Odom’s death and said the
investigation will be headed by the Georgia Bureau of Investigation. Wheeler
Correctional Facility Warden Ralph Kemp would only confirm that an inmate died
Sunday, and he referred other questions to the department, which contracts with
Corrections Corporation of America to run the prison.
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