Opp to Motion to Dismiss Fed'l
Matter.pdf July 10, 2017
ACA accreditation does not determine constitutionality. See Bell v. Wolfish, 441 U.S. at 543 n. 27; Rufo v. Inmates of Suffolk County Jail, 502 U.S. 367, 391 n. 13 (1992). "It is absurd to suggest that the federal courts should subvert their judgment as to alleged Eighth Amendment violations to the ACA whenever it has relevant standards." Gates v. Cook, 376 F.3d 323, 337 (5th Cir. 2004). Although ACA standards "may be a relevant consideration," compliance with them "is not per se evidence of constitutionality." Id. "[A]ccreditation, in itself, is not a clear indication that [defendant] is properly following its policies and procedures." Ruiz v. Johnson, 37 F.Supp.2d 855, 924 (D. Tex. 1999) rev'd and remanded on other grounds by Ruiz v. U.S., 243 F.3d 941 (5th Cir. 2001).
Texas court holds CCA is considered governmental body for purposes of state’s public information act Mar 21, 2014 prisonlegalnews.org
United Texas court holds CCA is considered governmental body for purposes of state’s public information act States of America v. Juan Lopez-Fuentes: August 8, 2012, 5 pages. Damning FBI statement regarding CCA's Adams County Correctional Facility where one of its guards was killed during a riot.
Johnson vs. CCA: May 25, 2012, 17 pages. FLSA suit by CCA employees over CCA not paying them overtime.
CHARLESTON DEPRIEST, VS. CHRISTOPHER EPPS, Commissioner of the MDOC, and TOM BURNHAM, Superintendent of the Mississippi State Department of Education: March 26, 2012, 8 pages. Scathing ruling against MDOC and the GEO Group for abuse at the Walnut Grove Youth Correctional Facility. Must read.
Luna v. CCA: March 16, 2012. Former CCA warden sues over firing. While he lost his case, the case provides an inside look at how poorly run Red Rock is.
Thomas Wierdsma v. Beatrix Szeremi v. Charles Wierdsma: July 8, 2011, 11 pages. Allegations of domestic abuse against Thomas Wierdsma, son of GEO executive Charles Wierdsma. Charles is also accused of threatening Thomas' wife Beatrix Szeremi with deportation.
Stephen Raher v. FBOP and the GEO Group: May 24, 2011, 48 pages. PCI's own Stephen Raher succeeds in his FIOA suit against the BOP and GEO for documents related to contracts with vendors.
Leon Alfano, et al vs. CCA: May 16, 2011, 21 pages. Hard to read account of abuse of Pamela Weatherby, a 45-year-old Big Spring woman an "unstable insulin dependent diabetic" who died at CCA's Dawson State Jail.
Cathy Byus, et al vs. MTC, et al: March 17, 2011, 30 pages: Wrongful death suit involving the murder of Linda Haas by escapees from MTC's Arizona State Prison Kingman.
Funda Hammonds v. CCA, et al: January 5, 2011, 17 pages. Suit by former CCA inmate alleging sexual assault, rape and sodomy by a CCA employee at troubled Otter Creek prison in Kentucky.
Watson vs. CEC: December 23, 2010, 13 pages. Suit by former CFO for CEC over gross misrepresentations of CEC's financial state. Great read.
Vivian Haas v. Management and Training Corporation: September 10, 2010, 10 pages. Suit by family of couple killed by MTC escapees.
Prison Legal News vs. CCA: June 3, 2010, 32 pages. PLN wins right to send its publications into CCA's Saguaro Prison in Arizona. CCA paid $70,000 in damages and attorney's fees.
Idaho ACLU vs. CCA et al: March 11, 2010, 81 pages. ACLU sues CCA for abuse including allegations of such violence that inmates call CCA's Idaho Correctional Center a "gladiator school".
Breiner v. Nevada Department of Corrections: February 11, 2010, 13 pages. Scathing ruling regarding a DOC policy on male correctional officers in female prisons. All came about because of relationships between CCA guards and female inmates at the Southern Nevada Woman's Prison.
HCJ 2605/05 Israel Supreme Court Ruling Against Private Prisons: November 19, 2009, 184 pages. Landmark ruling by the Supreme Court claiming that the detention of human beings is an inherently governmental function. Sorry Emerald.
Chestnut v. CCA: October 2009, 11 pages. Suit against CCA alleging negligence for the escape of an inmate and the subsequent shooting of Trooper Chestnut by the escapee.
United States of America v. Tellis Williams: October 26, 2009, 11 pages. Federal Judge Todd Campbell's ordering a Robertson County Jail inmate moved to another detention facility after the man and other inmates complained about inadequate food at the jail.
Alex Friedmann vs Corrections Corporation of America: September 16, 2009, 19 pages. Public records suit requiring CCA to produce public records at two of its TN facilities and clarifies that the Private Prison Contracting Act does not apply to any CCA facility in Tennessee other than the South Central Correctional Facility.
CCA Warden Glen Turner deposition into the beating of James Ingram: April 16, 2009, 313 pages.
Wackenhut et al vs. Gregorio De La Rosa, et al: April 2, 2009, 114 pages. Appeal by Wackenhut in wrongful death suit. Court through appeal out and upheld $42.5 million settlement against Wackenhut.
Barnwell, et al v. CCA Settlement Agreement: February 12, 2009, 4 pages. Class action under Fair Labor Standards filing against CCA for not paying employees for time on the clock that was due them.
The State of Texas vs. GEO Group, Inc. formerly Wackenhut Corrections Corporation: November 17, 2008, 5 pages. Second Grand Jury indictment against GEO Group on two counts of murder and one count of manslaughter.
The State of Texas vs. GEO Group, Inc. formerly Wackenhut Corrections Corporation: October 23, 2008, 3 pages. Grand Jury indictment against GEO Group on two counts of murder and one count of manslaughter.
Deposition of Patrick Perry regarding the death of CCA inmate Gerald Townsend: October 22, 2008, 24 sheets, 94 pages. More damning testimony on how CCA operated the Metro Davidson County Detention Center (TN).
Deposition of Brian Gardner regarding CCA inmate Frank Horton: September 18, 2008, 37 pages. Excellent read on obfuscation by former CCA warden at Metro Davidson County Detention Center (TN).
Deposition of Patrick Perry regarding CCA inmate Frank Horton: September 17, 2008, 57 sheets, 228 pages. Damning testimony on how CCA operated the Metro Davidson County Detention Center (TN). Mr. Perry, a former CCA guard, blew the whistle that Mr. Horton had not left his cell for over 9 months.
Keith Barnwell, et al, v. Corrections Corporation of America: August 2008, 22 pages. Initial Fair Labor Standards filing against CCA for not paying employees for time on the clock that was due them. CCA settled in February 2009.
ACLU v Department of Homeland Security, et al: June 25, 2008, 31 pages. Suit over the withholding of documents via FIOA regarding immigrant deaths at federal facilities.
Vance A. Adams. et al v. Corrections Corporation of America, et al: May 29, 2008, 7 pages. Colorado Court of Appeals rejects CCA arguments from lower court ruling regarding a prison riot in July 2004 at CCA's Crowley Correctional Facility.
Estate of Brian Keith Allen v. Corrections Corporation of America et al: May 23, 2008, 5 pages. Another wrongful death suit against CCA at their Marion County Jail II (Indiana).
Emerson Gaitan Fabian, et al v. Maureen Dunn, et al: April 2, 2008, 30 pages. Complaint alleging abuse of unaccompanied minors at Cornell's Abraxas Hector Garza Center in Texas.
Stephen Bussey v. The GEO Group: January 30, 2008, 27 pages. Suit filed by Mr. Bussey for strip searches by GEO at their George Hill Correctional Facility.
Harriett Ellis et al v. CCA of Tennessee: January 2008, 8 pages. Suit filed by six former Indiana CCA nurses claiming discrimination and retaliation for whistle-blowing.
The Estate of Charles Repass v. Marion County Sheriff, CCA et al: December 12, 2007, 8 pages. Wrongful death suit against CCA et al at their Marion County Jail II (Indiana).
Corrections Corporation et al. vs. State of New Mexico, et al: September 18, 1007: 13 pages. Suit by CCA to recover $2.5 million in taxes paid by CCA. Appeals court didn't bite: "The fact that CCA had the right to fill up any extra space with inmates from other jurisdictions coupled with the governmental entities' paying based on the number of inmates housed, makes these agreements look more like those between 'hotels, motels, rooming houses, and other facilities' and 'lodgers or occupants' than leases for real property."
Miroslava Rodriguez-Garcia V. The GEO Group: August 31, 2007: 6 pages. Suit brought against GEO alleging discrimination, harassment and retaliation against Ms. Rodriquez-Garcia because of her disabilities (she is schizophrenic) while she was detained at the South Texas Detention Complex in Pearsall, Texas.
U.S. Indictment Against Former Illinois DOC Director in Kickback from Prison Vendor Lobbyists: July 19, 2007, 5 pages. Overview of case against former IDOC Donald Snyder, and lobbyists John Robinson and Larry Sims.
Keith Mathis, et al, vs. GEO Group, et al: June 28, 2007, 248 pages. Complaint against GEO group for conditions at its Rivers Correctional Institution, VA.
United States of America v. Thomas T. Anderson: June 18, 2007: In the United States District Court For the District of Alaska: 29 pages. Fed's memorandum against former Alaska Representative Tom Anderson and his role attempting to get a Cornell prison in Alaska.
CCPOA; Alexander; SEIU vs. Schwarzenegger, et al: February 20, 2007: Superior Court of California, County of Sacramento, Judge Gail Ohanesian's ruling against the exportation of inmates to private prisons out of California. Ruling could jeopardize for-profit prisons in CA. 5 pages.
Affidavits by two former nurses against CCA health care at the Metro Detention Center in Nashville, Tennessee: February 2006 and June 2007: 5 pages. Scathing indictment against CCA treatment.
Florida Office of the Attorney General Medicaid Fraud Control Unit, Closing Report of Corrections Corporation of America: December 23, 2005, 3 pages. Scathing report on CCA's defrauding the State (again) for almost $150,000 (CCA paid double plus cost totaling almost $300,000 to the state).
Rosanne Bilello, et al., vs Prison Health Services, Inc., et al.: November 2, 2005: Palm Beach County, Florida, Circuit Court Judge's ruling that PHS' medical records were open for examination. 6 pages.
Tom Travision, et al., vs Prison Health Services, Inc., et al.: September 2, 2005: $350,000 Settlement agreement between the estate of Ruth Hubbs and PHS for her death at the Leon County Jail in Tallahassee, Florida. 30 pages.
United States of America v. Alan Brown Duffee: September 7, 2005: Federal indictment of former Florida Correctional Privatization Commission Executive Director for fraud and money laundering. 10 pages.
Samson Brown, et al v. Esmor Correctional Services, Inc, et al; August 11, 2005. U.S. District Court $2.5 million settlement against Esmor for systematic abuse of immigrants at its Elizabeth, N.J. detention center. 28 pages.
Adams, et al, vs. Corrections Corporation of America, et al; August 2005: filed by the Trial Lawyers for Public Justice in reaction to CCA's abuse of inmates after the riot at the Crowley County Correctional Facility in July 2004. 29 pages.
Corrections Corporation of America and International Union, Security, Police and Fire Professionals of North America and Edward Carroll, an individual; February 2005: unfair labor complaint against CCA tried in San Diego, CA. Quite a read on CCA's union busting activities. A MUST read. 34 pages.
Rosetta Willis v. Mike Settle, et al; July 20, 2004: suit against CCA for allowing an inmate, Mike Settle, to escape and take Ms. Willis hostage. CCA claimed it was entitled to immunity, the jury ruled wrong, the damages award was excessive and it was not responsible for the actions of its employees. 26 pages.
Florida vs. EMSA; March 30, 2004: settlement agreement between the Attorney General Medical Fraud control Unit and EMSA for Medicaid fraud resulting in a $5,000,000 settlement.
Tamara L. Schlitters vs. CCA; March 24, 2003: A lawsuit on behalf of Jeffrey Buller, deceased, by Tamara L. Schlitters against CCA for withholding medical treatment for a serious medical condition, resulting in his death.
Johnson, etc. vs. MTC, etc; August 11, 2003: A lawsuit against MTC, PNA, and others for various offenses.
Furlong, Wolf, and Adams vs. Transcor America, etc; August 18, 2003: A lawsuit against TransCor for deprivation of proper food and drink, restroom facilities, medication, and ultimately being kidnapped by one of their fellow inmates.
Lucilla Gigliotti, Pamela Johnson, and Jennifer Stalder vs. Crowley County Correctional Facility, etc; July 17, 2003: Lawsuit alleging sexual abuse/ hostile environment for female employees at the Crowley County Correctional Facility.
Efren Terrazas, et al v. Janet Reno, et al Jan. 16 2001: Federal class action suit against MTC and the Feds for abuse and discrimination.
Corrections Corporations of America v. NLRB; U.S. Court of Appeals, District of Columbia Circuit; Dec 26, 2000: Federal court upheld the National Labor Relations Board decision that the Corrections Corporation of America (CCA) violated U.S. labor law when it interfered with a union-organizing drive in Puerto Rico.
Corrections Corporation of America, d/b/a Servicios Correccionales de Puerto Rico and Union General de Trabajadores de Puerto Rico; Feb 18, 2000: The NLRB determined that CCA violated the National Labor Relations Act when it refused to recognize and bargain with the Union General de Trabajadores de Puerto Rico, which organized " social penal workers" at CCA correctional facilities.
Ricky Ronald Thompson vs. CCA, et al; Complaint for Damages; January 31, 2001: Suit against CCA/PZN alleging abuse at the hands of guard that allowed inmate to be beaten and stabbed by gang members. Inmate alleges that CCA falsely imprisoned him ex communicado and segregated in punitive confinement for 30 days and then tried to get him to sign a standard form written legal agreement releasing CCA from all liability for $25,000. Inmate was found by the Social Security Admin to be permanently and totally disabled on the basis of mental impairment traceable to the psychological and trauma he suffered while a CCA inmate!
INDIA CHISLEY, Individually, and as Personal Representative of the Estate of Bryson Chisley, Sr., Plaintiff, v. CORRECTIONS CORPORATION OF AMERICA, et al; Deposition of John Thomas, Deputy Director for DC Corrections; August 20, 1999: Very damning testimony against CCA and company in a wrongful death lawsuit. A MUST read.
United States of America, Plantiff, v. Joseph Torrez, Defendant, Plea Agreement; 13 pages; Filed in US District Court for the District of Colorado: plea by Torrez, a CCA captain and supervisor for beating a handcuffed inmate. Worth a look at.
United States of America, Plantiff, v. Harry Pollard, Defendant, Plea Agreement; 13 pages; Filed in US District Court for the District of Colorado: plea by Pollard, a CCA guard for beating a handcuffed inmate. Worth a look at.
BOARD OF EDUCATION, YOUNGSTOWN, OHIO vs CORRECTIONS CORPORATION OF AMERICA, Order granting temporary restraining order against CCA, filed and ordered Sept. 12, 2000.
In re PRISON REALTY SECURITIES LITIGATION: PLAINTIFFS' MEMORANDUM OF POINTS FOR TEMPORARY RESTRAINING ORDER, This is the motion filed Sept. 11, 2000 on behalf of shareholders against PZN. This is a must read even though the judge denied the motion.
CORRECTIONAL MEDICAL SERVICES, INC. vs CORRECTIONS CORPORATION OF AMERICA, and PRISON REALTY TRUST, INC., This suit filed in U.S. District Court for the Eastern District of Virginia, alleges CMS is owed $900,000 by CCA. This is cute.
Prison Acquisition Company, L.L.C. vs PRISON REALTY TRUST, INC., CORRECTIONS CORPORATION OF AMERICA, PRISON MANAGEMENT SERVICES, INC. AND JUVENILE AND JAIL FACILITY MANAGEMENT SERVICES, INC., June 9, 2000: This is the Blackstone suit against PZN for breach of contract.
PATRICIA BOWMAN vs CORRECTIONS CORPORATION OF AMERICA, ET AL, June 23, 2000; This is the finding against contract for medical services where the doctor was paid an incentive to cut costs.
KATHLEEN DOE v. WACKENHUT and JERRY DIAZ: March 12, 1999, 26 pages; Scathing original filing in the notorious Coke County Juvenile Detention Facility sexual abuse cases.
JAMA, ET AL, V. US INS, CSC ET AL, October 1, 1998; Opinion on motions to dismiss. 17 pages., October 1, 1998; Opinion on motions to dismiss. 17 pages.