Prisons archives

Justice for Regina McKnight

Regina McKnight
Regina McKnight at her post conviction hearing

Great news: Regina McKnight, a South Carolina woman who was sentenced to 12 years in prison for homicide by child abuse after she gave birth to a still-born baby, has had her conviction overturned.

McKnight is one of about 200 women who have been arrested for the crime of using drugs while pregnant. The women who are brought to trial are usually charged with either child abuse or drug trafficking — the “trafficking” act happening in utero. This is an issue of particular interest to me, and I’m tempted to write a long post about it, but a final paper calls. So, check out these old posts for background:

Help Pregnant Drug Addicts, Don’t Jail Them
Prosecuting Neo-Natal Drug Use: A Public Health Issue
Prosecuting Pregnant Drug-Addicted Mothers

And I would be remiss not to mention the fantastic work of National Advocates for Pregnant Women, who have worked tirelessly to put this issue in the spotlight. Check out this piece in particular about Ms. McKnight’s ordeal.

Rapists in uniform #3: a sixth woman comes forward

(Via Google News.)

Another woman in northern Ohio has come forward about an unnecessary and sexually humiliating strip search by the Stark County sheriff’s office. She is the sixth woman who has come forward about the Stark County sheriff’s office in the past four months. Like four other women, she came forward after learning about Hope Steffey’s gang-rape search at the hands of male and female deputies, and her lawsuit against the sheriff’s office. Elizabeth is afraid for her own safety and the safety of her family, so she has chosen not to use her last name or reveal her face in press interviews. She says that she never gave any indication of being suicidal, believes that she was stripped and left naked in her cell as retaliation for physically defending herself against a deputy who had laid his hand on her hip and made sexual jokes at her expense.

STARK COUNTY — A Stark County woman told Channel 3 News Investigator Tom Meyer that she was told to remove all her clothes inside the Stark County Jail after deputies made several off-color remarks.

Elizabeth fears reprisals for speaking out so she prefers we not use her last name.

She says a Stark County Sheriff’s deputy pulled her over one night for failing to signal during a lane change. Elizabeth says she had to undergo a field sobriety test. According to the officer’s incident report, she failed some aspects of the test. She was arrested for driving under the influence and taken to the station for further testing.

She was told to blow into a breathylyzer, but she suffers from asthma. When she failed to produce enough air, she says a deputy told her, Baby we both know you can blow harder than that. She says a second deputy laughed. The officer marked her as a refusal for not blowing harder.

Elizabeth decided to tell her story when she saw video of Hope Steffey strip searched by both male and female deputies. Steffey was left naked in a cell for 6 hours.

When Elizabeth was told to remove all her clothes, she did so voluntarily saying she worked at a medium security prison in Ohio and knew her clothes would be forcibly removed if she failed to obey.

The incident report says Elizabeth wanted to commit suicide. But she says that’s just not true. I’ve never been suicidal. I’m not suicidal. I was terrified, she told the Investigator. The Sheriff’s office said medical personnel decide if an inmate should be placed on suicide watch, not sheriff deputies.

Elizabeth was charged with drinking and driving, and assault for kicking a deputy. She decided to defend herself when a deputy placed his hands on her hips. She explained that she had been the victim of a sexual assault while employed at the prison.

The assault charge in the Stark County case was dropped on the condition she plead guilty to operating a vehicle while intoxicated. She reluctantly took the deal.

Tom Meyer, WKYC News (2008-05-02): Investigator Exclusive: Strip search case prompts 5th woman to come forward

According to the local news video about Elizabeth (trigger warning: contains video of Hope Steffey being forcibly strip searched by male officers), Elizabeth was left locked in her cell, completely naked, for eight hours.

Lawyer David Malik says we’re seeing a pattern where apparently every woman who cries or gets emotional is deemed suicidal.

Tom Meyer, WKYC 3 News (2008-02-29/2008-03-06): Strip Search: Four more women come forward with similar stories

And remember, if you are deemed suicidal, government cops and government jailers will take it for granted that the best way for armed Trained Professionals to handle the situation is to hurt you, hold you down, strip you against your will, subject you to an invasive search, and lock you in a cage and leave you there, naked, for six or eight hours at a stretch.

There is absolutely no conceivable excuse for treating anyone this way, ever. Whether man or woman, calm or belligerent, nice or nasty, crazy or sane. This is gang rape, professionalized and excused by Official Procedures. What is becoming clear is that Sheriff Tim Swanson and his goon squad not only have convinced themselves that this kind of brutality is sometimes acceptable, but also that they have an especially broad understanding of the sort of situation that calls for it, and that they are especially willing to use it as a form of humiliating retaliation, in order to teach uppity or unruly women a lesson, under color of the law. And then, to crown all, to further insult the victim by proclaiming that they did it all For Her Own Good. The Stark County sherriff’s office are nothing more and nothing less than a pack of dangerous sexual predators, and their uniforms and badges don’t make them any better than any other gang of serial rapists.

More on the Stark County, Ohio sheriff’s department and Hope Steffey:

See also:

Texas psychoprisons

Trigger warning. The news report I discuss includes verbal descriptions of sexual exploitation and extreme violence by caretakers against male and female patients under their control. It may be triggering for past experiences of violence.

In the past, when I’ve written about violence committed by government police officers or prison guards, I’ve often written something like this:

Please note that if you or I or anyone else without a badge and a gun acted like this, the people around us would more or less universally conclude that we’re belligerent and dangerous lunatics. In fact, if you or I or anyone else without a badge and a gun acted like this, and it was caught on camera, we would soon be in jail for on a charge of assault and battery. When someone with a badge and a gun acts like this, and it’s caught on camera, with a very few exceptions, the worst that ever happens is that they might get fired. The most common response from the powers that be is either to do nothing at all, or else to give the pig a paid vacation and a verbal reprimand.

GT 2008-02-18: Cops are here to protect you.

That’s a point that I stand by, and that I think is vitally important. But one thing you’ve got to remember when thinking about that point is that the class of government-privileged cops and prison guards is larger than the obvious cases you might first think of when asked. Badges and guns come in a lot of shapes and sizes and prisons can be found in a lot of places. Sometimes the badge is a gold shield and the prison is a penitentiary surrounded by razor-wire and high fences. Sometimes the badge is a white coat, the gun is a syringe, and the prison is the locked mental ward of a hospital. What matters is not the external form, but the underlying relationship of power, and when so-called caretakers have the legal power to restrain, confine, hold down, drug, shock, spy on, and otherwise coerce or violate a so-called patient, to treat her against her will, to force her to remain in a locked room even if she wants to leave, and to chase her down and force her back into that locked room if she tries to slip out without permission, then those so-called caretakers function as a jailers, and their hospital as a prison, no less than the corrections officers and correctional facilities of the official State prison system.

This is, by the way, a basic point that needs to be made, and needs to be accepted, whether or not one accepts presuppositions of institutional psychiatry, and whether or not one accepts the common practices of involuntary civil commitment, the imprisonment of criminals deemed legally insane in State-run psychoprisons, drugging patients through the use of force or deception, etc. etc. etc. If you accept those presuppositions and you support imprisoning and forcibly drugging people who, for example, try to hurt (only) themselves, or who have hallucinations, or who steadfastly cling to beliefs that the majority of people consider irrational, then you should go ahead and defend that. But that is what you need to defend—imprisonment and coercive force—not some sentimentalized helping professions myth in which caretakers are helping willing patients through a disease just like cancer or diabetes. If you have cancer and diabetes, and you decide (for whatever reason) that you’d rather suffer or even die from it than undergo the conventional treatments, nobody has the legal power to force those treatments on you against your will. And therein lies one of the fundamental political differences between real doctor-patient relationships and psychiatry as it is practiced today. If you want to try to defend psychiatry as it’s practiced today, that difference—the fact of psychiatric imprisonment—is something you’ll have to admit, and where you’ll have to start.

And for those of us who have spent some time watching how the official State prisons and their prison guards work, and who know that the pervasive violence and domination that runs through the system, even when it is judged excessive or abusive by the powers that be, should be dismissed as Yet Another Isolated Incident carried out by A Few More Bad Apples, but rather recognized as the natural and inevitable result of the kind of environment fostered by the unaccountable power of government enforcers—well, for those of us, things like the Dallas Morning News’s recent report on intense, pervasive abuse of patients in Texas’s state psychoprisons should be an outrage, but (heart-breakingly) not at all a surprise:

Last year, one [Texas] state mental hospital employee tackled an adolescent patient who was sobbing for his mother, dragging him across the floor by his wrists and hair.

The year before, another brought a female patient into a hospital bathroom and sexually abused her.

And dozens more have participated in brutal beatings at the psychiatric hospitals since 2005, employee disciplinary reports show – using chokeholds, headlocks and threats of violence to restrain the patients under their watch.

In all, 72 employees across Texas’ 10 state mental hospitals have been fired in the last three years for allegations of physical abuse, according to a Dallas Morning News analysis of state personnel records. Hundreds more have been terminated for other violations, the records show, from sleeping on the job to over-medicating mentally ill patients.

[…] Among the allegations of abuse and neglect state hospital workers have been fired for since 2005:

  • A worker at the North Texas State Hospital slammed a clipboard on a patient’s head, dragged her by her feet and kicked her in the legs and buttocks.

  • An employee at the Big Spring State Hospital failed to notice a patient who knotted her sheet and strung it around her neck. The patient was blue by the time staff found her.

  • At the Austin State Hospital, a male employee brought a female patient into a private room for her to carry out a sexual act on him.

  • An employee at the Austin hospital tackled a juvenile patient and pinned the patient’s neck and head to the floor, bloodying his lips and face and breaking his glasses.

Other employees were punished for offensive treatment, from using racial slurs on patients to making verbal threats and sexual advances. Some ignored patients’ cries for help while they watched TV, played video games and wrote text messages. Others stole state property and sold tobacco products to patients.

[…]

Jason Evans called 911 in November during a bipolar meltdown and was admitted to the Terrell State Hospital. Days later, the 34-year-old was dead – and his parents still don’t know why.

State officials told the Kaufman couple that their son, who was severely mentally ill but in good physical condition, had been disruptive that evening, and records obtained by the family indicate hospital workers medicated him before sending him to sleep. Mr. Evans was apparently found hours later in his bed, and was no longer breathing.

Lynn Evans, his mother, said psychiatric hospital workers attributed the death to natural causes, and doctors said her son had lost oxygen to the brain. But she and Mr. Evans’ father, a pharmacist, have been unable to get specific details about their son’s death. They believe Jason was effectively overdosed by hospital workers trying to restrain him.

It was a disease. Jason couldn’t help it, said Mrs. Evans, choking back sobs. In my heart, I will go to my grave knowing that hospital killed him.

Mr. McBride said that the agency is prohibited from confirming the identities of anyone in their care – but that any unexpected deaths are investigated by the Department of Family and Protective Services or by local law enforcement.

There were no deaths among Terrell State Hospital patients last fall from anything other than natural causes, he said.

Emily Ramshaw, Dallas Morning News (2008-05-04): Reports show systemic abuse at Texas’ psychiatric hospitals

And anyone who has followed the official response to past prison abuse scandals (cf. GT 2008-02-21: Mississippi Corrections, GT 2008-02-05: Rapists in uniform, GT 2007-10-28: Corrections officers, etc.) should be outraged, but not at all surprised, by the fact that state Mental Health officials have responded to the threatening, neglecting, assaulting, raping, and torturing of imprisoned patients in the usual way that prison bosses respond. That, when the administrators are forced to admit that abuses have happened, the individual psychoprison guards are usually administratively disciplined, or at worst fired, rather than arrested or sued like the violent criminals that they are. That, when asked, the official mouthpieces of the mental health prison system reply by lying, covering up, whitewashing, isolating, or minimizing the extent of the violence against patients, by making excuses for the perpetrators, and by telling a bunch of sob-stories about the hard luck of supposed trained professionals who are expected to actually do their tough job without hurting people.

State officials say there will always be some reports of abuse and neglect in an institutional setting. And they say they take any allegations of mistreatment seriously. But the records show that as in other state-run facilities, abuse and neglect are systemic.

[…]

The state’s juvenile prisons, group homes for the disabled, and state schools for people with mental disabilities all came under fire last year for reports of widespread physical and sexual abuse.

[…]

Officials with the Department of State Health Services, the agency that runs the psychiatric hospitals, say abuse and neglect are absolutely not pervasive – and verified cases are actually dropping.

In the last two years, they confirmed 15 Class I cases – the most serious abuse. On average, investigators substantiate 5 percent of the more than 2,000 allegations they examine annually. And 90 percent of patient deaths since 2005 were attributed to natural causes, agency spokesman Doug McBride said. Five were suicides, and none were the result of abuse.

Keep in mind there are about 7,400 employees, 18,000 patient admissions and probably hundreds of thousands of staff-patient interactions in a year, Mr. McBride said.

State officials acknowledge that the psychiatric hospitals are stressful environments; there are times, Mr. McBride said, when employees do not handle a situation appropriately. But they say the rules for reporting abuse and neglect are stringent – and confirmed cases of physical and sexual abuse are reported to police.

And they balk at the suggestion that conditions bear a resemblance to the state schools for people with mental disabilities, where the U.S. Justice Department has intervened twice in recent years.

The state psychiatric hospitals, which have about 2,500 patients daily, had 137 confirmed abuse cases in 2007. The state schools for people with disabilities, which have twice as many residents, have an average of 300 confirmed abuse cases per year.

But some advocates fear the mentally ill patients may face greater risks. Patients of the psychiatric hospitals are largely indigent, transient and not connected to their families, so they have few allies as they bounce through the mental health system.

It’s a population that’s easy to abuse because they’re not on the radar in any way, said Richard Hansen, a Texas mental health advocate who was chemically restrained, shackled and beaten to the point of broken ribs years ago while suffering from bipolar disorder in a New York mental hospital.

[…] Mr. Hansen said many employees are conscientious, but conditions vary from hospital to hospital and ward to ward. Some are simply warehouses, where patients are often overmedicated and ignored. In others, patients frequently turn up with unexplained injuries, he said.

Emily Ramshaw, Dallas Morning News (2008-05-04): Reports show systemic abuse at Texas’ psychiatric hospitals

Besides the fact that it is just a lie to claim that a problem that has involved hundreds of employees in the last three years alone is somehow absolutely not pervasive, one of the most important factors simply goes unmentioned here — that it is really, really easy to get away with far more violence and abuse than crops up in verified official reports, simply because guards tend to stick together against any allegations made by inmates, and because they can act with an incredible amount of impunity when officials will never trust a victim’s testimony, and will happily wave it off, whenever it’s convenient to do so, as the product—literally—of feeble-mindedness or insanity. No wonder that 5% (and dropping) of the 2,000 abuse allegations filed every year end up getting verified by the officials.

And, to cap it all, no matter how bad and how widespread the abuse may get, the administrators can always count on the pro-establishment wing of their supposed critics to go to the public and to the legislature to beg for even more tax money and even more prison guards to be sent into the psychiatric prison system, so that the very people who created these maddening prison-ward hellholes can be rewarded for their institutionalized violence by being allowed to take even more money from taxpayers to go on doing the same old thing:

The state psychiatric hospitals, like other systems for vulnerable Texans, are chronically starved for cash, advocates of more state funding say, and services at the local level can’t keep up.

[…]

You get what you pay for, said Rep. Garnet Coleman, D-Houston, who has bipolar disorder. When you financially dumb something down, you make services cheap, something’s got to give. Unfortunately, it usually ends up being a mentally ill or disabled Texan.

[…]

Aaryce Hayes, a mental health policy specialist with Advocacy Inc., said the Department of State Health Services is working to improve the state hospital system, from incorporating trauma-informed treatment into care regimens to increasing employee empathy training. It is also trying to reduce reliance on restraint and seclusion to keep control of patients.

They get it, she said. They want to see a culture change.

But it’s hard to improve when the state hospital system is so overburdened, Ms. Hayes said. Right now, the state funds just 27 percent of mental health needs in the community – meaning everyone else rotates in and out of crisis care. There are more than 450,000 adult Texans with serious and persistent mental illness, everything from schizophrenia to major depression, Ms. Hayes said.

If we said we were serving just 27 percent of people who had cancer, or diabetes, nobody would be comfortable with that, Ms. Hayes said.

Money is a persistent problem. In 2003, lawmakers stripped $100 million from the state’s mental health budget, Mr. Coleman said – funding that has only partially been replaced.

The Legislature approved $82 million last year to improve community mental health crisis services, said Robin Peyson, executive director of the National Alliance on Mental Illness’ Texas chapter. But Texas ranks 48th in the country in per capita funding for people with mental illness, so that money only begins to address the shortfall.

There are not services at the community level and there are not enough beds in the system, she said. If you have inadequate funding, you’re just supporting this cycle, this revolving wheel.

Emily Ramshaw, Dallas Morning News (2008-05-04): Reports show systemic abuse at Texas’ psychiatric hospitals

The reality is that what is needed is not more money, or more guards, or better training, or even a culture change. A culture change would be a step forward, but the real solution that is needed is something that goes far deeper: a solution that strikes at the root from which that culture and these conditions grow. What is really needed is a power change, so that psychiatric wards are no longer artificially packed by court order, so that patients can leave and seek help through other means if conditions become unbearable, and so that supposed patients are no longer treated against their will and held down at the mercy of their helper-captors. If you make a hospital into a prison camp, then it should be no surprise when the hospital caregivers start acting like prison camp guards. The only thing to do — the only thing you can do that will not just recreate the same problem in a superficially different form — is to respect the will of patients, to treat violence against them as a real crime worthy of punishment, to repeal the laws that privilege and protect their captors, and to break open the doors and tear off the straitjackets that hold them back from living their lives as human beings, rather than as objects of pity and coercion.

Free the Texas 2,500!

Free all psychiatric prisoners!

Further reading:

I Blame the Kyriarchy

Happy May Day. As people around the world celebrate the struggles of laborers, and as many immigrants and supporters of immigrant rights set off on protest marches around this country, I wanted to link you to one of my favorite blog posts of the last week: Sudy’s explanation of kyriarchy, a concept coined by Elisabeth Schussler Fiorenza.

It’s a useful neologism for an idea that comes up a lot: multiple, overlapping, shifting pyramids of power. Try to focus too hard on just one, try to figure out with some kind of precision exactly which individuals are at the top, and you lose sight of the entire awful kyriarchy, that has any number of ways to crush people. It’s another trick that power structures play to distract you. I’ve heard this kind of concept discussed before — some people I know just use the word “hierarchies” to talk about this, and in some feminist writing this is what “patriarchy” means. But I like the word kyriarchy, not least because it doesn’t just focus on “fathers” as the top of the pyramid.

For me the word summons up a bizzare image of holographic, floating, disappearing and reappearing ancient step pyramids. Because that’s how complex the overlapping of power can be, and how surreal. Sometimes we talk about this stuff like patriarchy, white supremacy, or homophobia is a bunch of craggy old white guys having a meeting down the street where we can kick the doors in and turn over the table piled high with money and blood. Too bad that the history of oppressive cultural attitudes, social enforcement, the accumulation of religion and greed and control and security is never that simple. But don’t think I mean it’s all ideology either. Kyriarchy kills. Don’t let it get behind you — or under you.

Quick hit: Pregnant teen held in custody.

This is awful. I don't even know where to begin with it, but it is wrong on so many levels. A teenager who is pregnant is being held in custody so she can testify against her boyfriend who has abused her.


A judge ordered her to be placed in jail on a material witness warrant after the Crown prosecutors in her boyfriend's case expressed concerns she wouldn't testify at his trial.

The warrant was issued after police said they tried several times to serve her with a subpoena to attend court.

Mowatt is expected to be released after she testifies at her boyfriend's trial on Friday. Christopher Harbin, 25, is facing eight charges, including assault and forcible confinement.

Did it occur to the court at all that she might be afraid?

via.

The Angola 3

A horrific human rights abuse — straight out of the USA.

In the scheme of human rights and the U.S. criminal justice system, the case of the “Angola 3″ is one of the great injustices of our time. In 1972, three black men, Albert Woodfox, Herman Wallace, and Robert King Wilkerson, were prisoners at Angola State Prison in Louisiana when a guard was stabbed to death. The three Black Panthers were blamed for the murder on the flimsiest of proof and placed in solitary confinement. They would stay there for the next three decades, quite possibly the longest span of time any prisoner has spent in solitary confinement in the U.S.

At Angola, a sprawling complex that was once a slave plantation, solitary confinement means living in a 6-by-9 cell, 23 hours a day, seven days a week. It is an extreme punishment that is physically and psychologically dehumanizing. “The SPCA would shut this prison down if they had dogs up here like this,” Herman Wallace says.

Angola has always had a reputation for racism and brutality, and the case of the Angola 3 has its own sordid back story. In the early 1970s, prisoners were, according to the Times-Picayune, “subject to being ’sold’ to each other to be used as ’sex slaves’ or prostituted out to other inmates in exchange for prison-brands of currency, such as cigarettes.” The warden in those years — a man who would later be jailed for trying to murder his wife — acknowledged the existence of the sex trade in his memoir. According to the New Orleans-based defense attorney who continues to advocate for the Angola 3, the three Black Panthers had been “trying to stop the sexual slavery and rampant rage occurring there everyday.” But organizing of any kind is frowned upon in a racist prison environment. In a very real way, the Angola 3 can be considered political prisoners.

Read the rest of the entry.

It’s been 35 years, and the three men are still in solitary confinement. That may not sound as horrific as it actually is, but take five minutes to google around and find out what happens to people mentally when they’re in solitary confinement — it’s not good. It is the very definition of cruel and unusual, and it’s disgusting that this continues to happen on our own soil. I don’t like to throw around words like “barbarians,” but here, that seems to be exactly what we are.

Death by Homeland Security (#2)

(Via La Chola 2008-03-17.)

Francisco Castaneda, a refugee from the civil war in El Salvador, died on February 16, 2008, from metastatic penile cancer.

He died because he went without getting a biopsy or receiving any medical treatment for about a year after obvious and excruciatingly painful symptoms began to show up. He went without the biopsy and the treatment because the United States government’s immigration Securitate had him locked in a cage at the time, and they repeatedly refused to let him get any treatment.

I came to the United States from El Salvador with my mother and siblings when I was ten years old to escape from the civil war. my family moved to Los Angeles where I went to school and began working at the age of 17. My mother died of cancer when I was pretty young, before she was able to get us all legal immigration status. After my mom died, I looked to my community for support, and found myself wrapped up in drugs instead, which, today, I deeply regret. I worked, doing construction, up until I went to prison on a drug charge, where I spent just four months before I was transferred into ICE detention.

When I entered ICE custody at the San Diego Correctional Facility in March 2006, I immediately told them I had a very painful lesion on my penis. After a day or two, Dr. Walker examined me and recognized that the lesion was a problem. He said he would request that I see a specialist right away.

But instead of sending me directly to a specialist, I was forced to wait, and wait, and wait, and wait. All the while, my pain got worse. It started to bleed even more and smell really bad. I also had discharge coming out of it. Aparrently the Division of Immigration Health Services was deciding whether to grant the request. Dr. Walker submitted the request more than once and, after more than a month, it was finally granted. When I saw an oncologist he told me it might be cancer and I needed a biopsy. He offered to admit me to a hospital immediately for the biopsy, but ICE refused to permit a biopsy and told the oncologist that they wanted to try a more cost-effective treatment.

I was then referred to a urologist, Dr. Masters, but I only got to see that urologist two-and-a-half months later, after I filed sick call requests and grievances with ICE. The urologist said I needed a circumcision to remove the lesion and sop the pain and bleeding, and also said I needed a biopsy to figure out if I had cancer. ICE and the Division of Immigration Health Services never did either of those things. They said that it was elective surgery.

My pain was getting worse by the day. When you are in detention, you can’t help yourself. I knew I had a problem, but with everything you have to ask for help. I tried to get medical help everyday. Sometimes I would show the guards my underwear with blood in it to get them to take me to medical, but then they would say they couldn’t do anything for me. All they gave me was Motrin and other pain pills. At one point, the doctor gave me special permission to have more clean underwear and bedsheets, because I was getting blood on everything. A guard from my unit once told me he would pray for me because he could see how much I was suffering.

Several more requests for a biopsy were denied. They told me in writing that I could get the surgery after I left the facility—when I was deported.

In late November 2006, I was transferred from San Diego to San Pedro Service Processing Center. When I got there I immediately filed sick call slips about my problem. after a few days I saw the doctors. I told them about my pain and showed them the blood in my boxer shorts and asked them to examine my penis. They didn’t even look at it—one of them said I couldn’t be helped because I needed elective surgery. They just gave me more pain pills.

In the middle of December, I noticed a lump in my groin. It hurt a lot and was a little bit smaller than a fist, so I filed a sick call slip about it. Another detainee told me it could be a hernia. I never got any treatment for it, and I later found out that was a tumor, because the cancer had already spread.

In the beginning of January, one of the guards told me I was going to Harbor-UCLA Medical Center. They put me in handcuffs and leg shackles and drove me in a van to the emergency room. When I got there the officer walked all around trying to find someone to see me, but he was told I would have to wait in line like everyone else. After about an hour of following him all chained up, he took me back to San Pedro and I didn’t get to see anyone.

Back when I was in San Diego, another detainee gave me the phone number for the ACLU and said they might be able to help me. I called them, and spoke with Mr. Tom Jawetz, here, and told him my story about how much pain I was in. When I got to San Pedro he sent letters and called the people at the facility to try to help me get medical care. Finally, around the end of January, immigration agreed to let me get a biopsy. They made an appointment with the doctor, but just before the surgery they released me from custody. A doctor actually walked me out of San Pedro and told me I was released because of my serious medical condition and he encouraged me to get medical attention.

The first thing I did was call the doctor to see whether I could still get my biopsy. The secretary told me ICE had cancelled it. I then went back to the emergency room at Harbor-UCLA—the same place they had left me in the waiting room in shackles—and I waited to see a doctor and finally get my biopsy. A few days later, the doctor told me that I ahd cancer and would have to have surgery right away to remove my penis. He said if I didn’t have the surgery I would be dead within one year. On February 14—Valentine’s Day—nine days after ICE released me from custody, I had the surgery to remove my penis. Since then, I have been through five aggressive week-long rounds of chemotherapy. Doctors said my cancer spreads very fast–it had already spread to my lymph nodes and maybe my stomach.

I’m sure you can at least image some of how this feels. I am a 35-year-old man without a penis with my life on the line. I have a young daughter, Vanessa, who is only 14. She is here with me today because she wanted to support me–and because I wanted her to see her father do something for the greater good, so that she will have that memory of me. The thought that her pain–and mine–could have been avoided almost makes this too much to bear.

I had to be here today because I am not the only one who didn’t get the medical care I needed. It was routine for detainees to have to wait weeks or months to get even basic care. Who knows how many tragic endings can be avoided if ICE will only remember that, regardless of why a person is in detention and regardless of where they will end up, they are still human and deserve basic, humane medical care.

In many ways, it’s too late for me. Short of a miracle, the most I can hope for are some good days with Vanessa and justice. My doctors are working on the good days and, thankfully, my attorneys at Public Justice here in Washington, Mr. Conal Doyle in California, and the ACLU are working on the justice–not just for me, but for the many others who are suffering and will never get help unless ICE is forced to make major changes in the medical care provided to immigrant detainees.

I am here to ask each of you, members of Congress, to bring an end to the unnecessary suffering that I, and too many others, have been forced to endure in ICE detention.

Francisco Castaneda (2007-10-04), testifying before the House Immigration Subcommittee Hearing on Detention and Removal: Immigration Detainee Medical Care

This man’s life could have been saved. He wanted to get medical treatment in March 2006. His doctor recommended a biopsy. If he were a free man, he could have gotten this treatment, but as a prisoner of the U.S. government’s Homeland Securitate, he was forced to stay where they wanted him to stay, go where they wanted him to go, and get what they wanted him to get. So he lived with excruciating pain for two years while the cancer grew, spread, and ate him away from the inside. It didn’t matter when he developed a painful lesion; it didn’t matter when he bled everywhere for months; it didn’t even matter when he developed a tumor the size of his fist. What matters to the ICE bordercrats, and their hired thugs, is that this man once possessed a stimulant that the U.S. government didn’t approve of him having, and, to their minds, that’s a good enough reason to grab him at gunpoint, lock him in a cage for months on end, and then exile him from the home he has lived in since he was 10 years old. Or, in this case, to just lock him in the cage and deliberately deny him medical treatment until the imprisonment turns into a slow-motion death sentence for a nonviolent petty drug charge. What, after all, is the life of Francisco Castaneda — who is, after all, only a man, a son, the father of a teenaged girl — compared with the duty to zealously protect the prohibitionist domestic policies of the U.S. federal government, the awful importance of rigorously preserving the sanctity of imaginary lines in the southwestern desert, and the honor of the politico-cultural system of international apartheid, which those lines are drawn to implement?

Federal judge Dean Pregerson just issued a ruling in which he denounced ICE’s actions, or inaction, as conduct that transcends negligence by miles. It bespeaks of conduct that, if true, should be taught to every law student as conduct for which the moniker cruel is inadequate. The primary practical effect of this ruling is that Francisco Casteneda’s family will be able to sue ICE in federal court for his death. They certainly deserve whatever compensation they can get for this horrible crime. But even if they succeed, it must be remembered that the sanctimonious, unaccountable thugs who effectively tortured a peaceful man to death — the immigration cops, the prison guards, and the comfortable bureaucrats, government lawyers, and politicians who direct them in their actions — will never pay a damned cent for what they did. What they will do, if a judgment is entered against them, is to help themselves to tax money in order to make the pay-out, sticking the rest of us—who never had anything to do with their asinine border laws, immigration prisons, or callous indifference to human life—with the bill. Then they will go on doing exactly the same vicious and inhuman things to peaceful people who never did anything to deserve such appalling treatment. And why wouldn’t they? As far as they can see, they have every reason to believe that none of them will ever be held personally accountable for their choices.

Further reading:

Heartbreak of the Day

I referenced this picture in yesterday’s post, but I couldn’t find an image of it until today. It was drawn by a nine-year-old child from Canada who was being detained at Hutto Prison in Texas. The ACLU has more information on Hutto, and the New Yorker has an extensive, aching article on the prison that you must must must read.

yourdkhani_statement_lg.jpg

What is wrong with us?

Judicial nominees, prison exploitation and discriminatory country clubs

These are the kind of people that President Bush is nominating to the bench — for lifetime appointments.

Gus Puryear is a well-connected Republican attorney who, after working for Bill Frist, went on to serve as general counsel for Corrections Corporation of America, a huge corporation that feeds off of the American prison system. CCA made $1.5 billion in 2004, and is the fifth largest prison system in the U.S. — behind the federal government and three states. CCA also runs the notorious Hutto detention center in Texas, which detains immigrants and their children in prison conditions.

But it isn’t Gusyear’s CCA employment that’s drawing criticism; it’s his membership in a discriminatory country club.

Yes, it is true that the club does not allow women to vote. In fact, women have their own class of membership—they’re called “lady members”—and lady members can’t vote or hold office, even Martha Ingram, who is listed on the club’s membership rolls. The only people who can vote are the club’s resident members and, lo and behold, all of them are men. The club’s “constitution,” which Puryear, as a judicial candidate essentially completing a take-home test, must have reviewed before answering Kennedy’s questions, notes the following about resident members: “They alone, to the exclusion of all other classes of membership, shall have the right to control, manage, vote and hold office in the club.” So that means that non-resident members, associate resident members (younger members like Puryear) and, of course, lady members can’t have any say in the governance of the club.

The club technically allows people of all races to join, but they only have one black member. And he lives in another state.

But it’s Puryear’s work on behalf of CCA that I find more damning. According to Wikipedia:

CCA is the largest private prison “provider” in the United States, with meteoric stock growth, more than doubling in the first eight months of 2006. Among other facilities, CCA runs T Don Hutto, a former medium-security prison in Taylor, TX which, since 2006, has held non-criminal, immigrant “detainees,” against their will, under a pass-through contract with Immigration and Customs Enforcement division of Homeland Security. The basic contract pays CCA approximately $2.8 million monthly, for a maximum incarceration of 512 individuals. (Minimum = $5,000+ per prisoner.) Approximately half the prisoners are children, many of them born in this country. No prisoner held is charged with a crime, nor are they deemed to be a danger to national security; it is simply their immigration/amnesty request status that has marked them for imprisonment. This is the first (and only other) time since the interment of Japanese during WWII that children have been imprisoned by the United States. A recent lawsuit asserted that the children were being held in inhumane conditions. The resulting settlement (September 2007) gained on-site pediatric service for the children being incarcerated, as well as a requirement that the toilets in their open cells be made private with the addition of a shower curtain. Additional visitation hours, schooling, and recreational opportunities were also agreed upon. The facility continues to be the site of vigils and protests by various human rights groups.

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America Behind Bars

[Law] [ Crime] [ Prisons]

prison

1 in 100 American adults are in prison. And people of color have it even worse:

Incarceration rates are even higher for some groups. One in 36 adult Hispanic men is behind bars, based on Justice Department figures for 2006. One in 15 adult black men is, too, as is one in nine black men ages 20 to 34.

The report, from the Pew Center on the States, also found that one in 355 white women ages 35 to 39 is behind bars, compared with one in 100 black women.

And the excuses are astounding:

But Paul Cassell, a law professor at the University of Utah and a former federal judge, said the Pew report considered only half of the cost-benefit equation and overlooked the “very tangible benefits: lower crime rates.”

In the past 20 years, according the Federal Bureau of Investigation, rates of violent crimes fell by 25 percent, to 464 per 100,000 people in 2007 from 612.5 in 1987.

“While we certainly want to be smart about who we put into prisons,” Professor Cassell said, “it would be a mistake to think that we can release any significant number of prisoners without increasing crime rates. One out of every 100 adults is behind bars because one out of every 100 adults has committed a serious criminal offense.”

This guy is a law professor?

First, an incarceration rate of 1 in 100 does not mean that 1 in 100 adults has committed a serious crime. And considering how many people go to jail for non-violent drug offenses, I question how we’re defining the word “serious.” Further, throwing people in jail is not necessarily the best way to lower the crime rate. Sure, it works to a point — so does a total police state. But there has to be a balance, and I think it’s pretty clear that we’ve tipped it.

The United States imprisons more people than any other nation in the world. China is second, with 1.5 million people behind bars. The gap is even wider in percentage terms.

Germany imprisons 93 out of every 100,000 people, according to the International Center for Prison Studies at King’s College in London. The comparable number for the United States is roughly eight times that, or 750 out of 100,000.

I don’t have German crime rates on hand, but based solely on my experience living there for a few months, I feel relatively confident guessing that their crime rates are lower than ours. Shockingly, factors other than the threat of incarceration (or the reality of mass incarceration) deter people from committing crimes.

It’s also expensive to incarcerate people at such an enormous rate:

On average, states spend almost 7 percent of their budgets on corrections, trailing only health care, education and transportation.

In 2007, according to the National Association of State Budget Officers, states spent $44 billion in tax dollars on corrections. That is up from $10.6 billion in 1987, a 127 percent increase when adjusted for inflation. With money from bonds and the federal government included, total state spending on corrections last year was $49 billion. By 2011, the Pew report said, states are on track to spend an additional $25 billion.

It cost an average of $23,876 dollars to imprison someone in 2005, the most recent year for which data were available. But state spending varies widely, from $45,000 a year in Rhode Island to $13,000 in Louisiana.

“Getting tough on crime has gotten tough on taxpayers,” said Adam Gelb, the director of the public safety performance project at the Pew center. “They don’t want to spend $23,000 on a prison cell for a minor violation any more than they want a bridge to nowhere.”

The cost of medical care is growing by 10 percent annually, the report said, and will accelerate as the prison population ages.

About one in nine state government employees works in corrections, and some states are finding it hard to fill those jobs. California spent more than $500 million on overtime alone in 2006.

So why do it? If tax payers are unhappy, if imprisonment doesn’t deter crime all that effectively, and if this is costing a ridiculous amount of money that could be better spent elsewhere, why are we expanding this system?

Because the system is highly profitable and extremely beneficial for powerful people.
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