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BY DAVID ASHENFELTER
FREE PRESS STAFF WRITER
December 8, 2006
A federal judge held state corrections officials in contempt of court Thursday for allowing prisoners to receive inadequate medical treatment at three prisons in Jackson, threatening to fine them $2 million plus $10,000 a day for continued failure to comply.
U.S. District Judge Richard Enslen of Kalamazoo also ordered the Michigan Department of Corrections to create an independent health monitor's office staffed with physicians, nurses and others at the prisons to ensure prisoners receive adequate treatment.
"A prisoner who receives a sentence of 2-10 years deserves to do 2-10 years," Enslen said in a 61-page order. "What he does not deserve is a de facto and unauthorized death penalty at the hands of a callous and dysfunctional health care system that regularly fails to treat life-threatening illness."
State corrections spokesman Leo Lalonde said officials would defer comment until they review Enslen's decision.
In the decision, Enslen held the state in contempt for failing to provide five physicians and a full-time internist or nephrologist for the prisoner dialysis unit at the Josephine McCallum Facility. The state has 120 days to fill the positions or face the fines.
He also gave the state 90 days to submit a plan for providing enough physicians and nurses for all three of the Jackson prisons.
"This is an important decision," said Elizabeth Alexander, director of the American Civil Liberties Union Prison Project in Washington, D.C., which asked Enslen to hold the state in contempt for failing to improve prison health care.
"It sends a very clear signal to the state that business as usual isn't going to work," Alexander added.
"And it's apparent that the judge, particularly by creating the office of special monitor, wants to fix the problem and not have this continue for another 20 years. It's clear from reading this decision that the judge is out of patience with the state."
Last month, Enslen ordered sweeping mental health care changes for the prisons in Jackson to prevent mistreatment and death of inmates.
He banned the use of nonmedical punishment restraints at the prisons -- used to deal with behavioral problems -- and ordered officials to create a plan to ensure there are enough psychiatrists and psychologists to care for prisoners.
The orders follow a series of Free Press editorials decrying the poor quality of mental health and medical care at state prisons, resulting in deaths and suffering of prisoners.
Enslen is enforcing federal oversight of the Jackson facilities established under the Hadix case, a civil rights class action brought by prisoners in 1980 to correct conditions that ultimately led to prison disturbances.
It is named for one of the plaintiffs, Everett Hadix. The suit led to a judgment against the Department of Corrections.
Thursday's decision and the one last month apply to the Charles Egeler Reception and Guidance Center, which receives new prisoners; the McCallum facility and the Parnall Correctional Facility, all in Jackson.
Contact DAVID ASHENFELTER at 313-223-4490 or ashenf@freepress.com.
Copyright © 2006 Detroit Free Press Inc.