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Bayside
State Prison
Cumberland, New Jersey
Correctional Medical Services
May 13, 2004
A New Jersey inmate infected with potentially deadly hepatitis C has filed a
federal lawsuit against the state Corrections Department and its medical
contractor, contending that his disease was left untreated for a decade after it
was detected. The suit by Jose Lopez, 49, an inmate at Bayside State
Prison in Leesburg, Cumberland County, is the latest to allege that New Jersey
neither treated inmates for the liver disease nor told them that tests had found
they were infected. Lopez, whose family lives in Lindenwold, was one of
421 inmates notified
in July 2002 that they were infected with the hepatitis C virus. The state's
mass notification came in response to an Inquirer investigation of its handling
of the disease, which can destroy the liver. "The conduct of prison
officials and medical providers was outrageous. Not to inform Mr. Lopez of a
life-threatening disease is tantamount to watching a person having a heart
attack and sit idly by," said Lopez's Philadelphia lawyer, Mark B. Frost,
who filed the suit Friday in Camden. The Department of Corrections
declined to comment on the lawsuit. A spokesman for the department's medical
contractor, the St. Louis-based Correctional Medical Services Inc., said he had
not reviewed the lawsuit and could not immediately comment. Lopez, a
career criminal who has been in prison since 1983, tested positive for the
hepatitis virus in 1992, the suit said. By the time he was notified 10 years
later, it said, his health had seriously deteriorated. He has since
developed bleeding ulcers, a sign of liver cirrhosis caused by hepatitis C,
medical records show. In addition to Lopez, several other current and
former New Jersey prisoners have sued the Department of Corrections and
Correctional Medical Services - the largest prison health company in the
nation. (Times Leader)
Camden
County Jail
Camden, New Jersey
Prison Health Services
April 29, 2004
The family of a Cherry Hill man killed in Camden County Jail filed a federal
lawsuit Wednesday, charging county correctional officials with "reckless
and deliberate indifference" in his death. The suit charges that Joel
Seidel's constitutional rights to medical care, due process and to be free from
cruel and unusual punishment were violated while the former stockbroker was in
custody. The lawsuit was filed in U.S. District Court on behalf of
Seidel's daughters, Sharon Clark and Devra Seidel, co-administrators of his
estate. "This tragedy was preventable and we intend to prove that the
reckless and deliberate indifference of the prison guards and officials led to
the death of Mr. Seidel," said Tom Kline, of Kline & Specter of Cherry
Hill, attorney for the Seidel daughters. County officials had not been
served with the lawsuit late Wednesday and because of that were unable to
comment, according to a spokesman. The suit alleges "negligent,
reckless, intentional, wrongful, deliberately indifferent and unlawful
conduct" on the part of prison officials. The suit cites overcrowding
at the prison in general and the failure to move Seidel to a hospital,
psychiatric facility or his own cell and failure to provide adequate
observation. The suit names as defendants the Camden County Jail, Camden
County Department of Corrections and Camden County; and Prison Health Services
Inc. and Steininger Behavioral Care Services, both of which had contracts to
provide services to inmates. (Courier-Post)
Community Education Centers
Roseland, New Jersey
May 21, 2007 New York Times
A company based in New Jersey that provides training and treatment programs to
prison inmates is announcing today that it has bought a similar Massachusetts
company, creating one of the largest correctional services companies in the
country. The two companies — Community Education Centers of Roseland, N.J., and
CiviGenics of Marlborough, Mass. — are trying to capitalize on the growing
number of inmates and tight financing for new prisons that have led federal,
state and local governments to contract out more of their operations to private
businesses. States have also addressed the shortage of prison space by trying to
reduce recidivism with more training and treatment programs for inmates. About
70 percent of those released from prison return within three years, according to
some studies. “There’s a tremendous focus on the re-entry of inmates,” said John
J. Clancy, chief executive of Community Education Centers. “If people are going
to continue to get out of prison, the question is how they get out.” The two
privately held companies, which together are expected to employ about 3,500
people in 22 states and have close to $240 million in revenue next year, did not
disclose the financial terms of the agreement. However, people with knowledge of
the transaction said Community Education Centers paid more than $100 million for
CiviGenics.
Elizabeth
Detention Center
Elizabeth, New Jersey
CCA (formerly run by Correctional Services Corporation, bought by GEO Group)
June 22, 2008 The Record
Immigration advocates on Thursday denounced the immigrant detention system as
inhumane and expressed support for a proposed bill that aims to improve medical
care for detainees. Standing across the street from the Elizabeth Detention
Center, a converted warehouse in Elizabeth that holds some 300 non-criminal
detainees, the advocates cited recent published reports that said more than 60
people have died in recent years while in the custody of immigration officials.
"The lack of federal immigration reform has contributed to the death of these
detainees," said Shai Goldstein, executive director of the New Jersey
Immigration Policy Network. "That is unacceptable and un-American." The group of
a couple dozen advocates, about half of whom were clergy, said they wanted to
draw attention to legislation introduced by Sen. Bob Menendez, D-N.J., that
establishes procedures for medical services to immigrant detainees. Describing
the medical care at immigrant detention centers as a haphazard one that has
denied detainees adequate — and even lifesaving — medication, Menendez says the
Detainee Basic Medical Care Act would ensure that detention would "never amount
to a death sentence." Officials of the Newark office of U.S. Immigration and
Customs Enforcement, which oversees the center, declined comment on the
accusations about medical care, citing pending litigation. But, ICE spokesman
Harold Ort said: "ICE meets the highest standards of law enforcement." At one
point during the press conference, two employees of Corrections Corporation of
America, the private contractor that operates the center, walked toward the
group and asked questions of some people, including reporters, including their
names and the advocates' purpose. One of the employees, a man whose name tag
said "Dickerson," jotted down notes while looking at the group. CCA later
confirmed that T. Dickerson is the center's assistant warden. "Is that Jim
McGreevey?" asked the other employee, a woman. Dickerson looked at McGreevey,
then scribbled in his notebook. James McGreevey, the former governor and current
student at an Episcopal seminary in New York, said only that he was there as a
parishioner of All Saints Episcopal Parish in Hoboken, with All Saints' pastor,
Jeff Curtis. Later, the advocates assailed the CCA employees, saying their
presence was meant to intimidate.Several advocates said they visit the detainees
in the center and have heard and seen some troubling things firsthand. The
conference was part of a national event, "A Night of One Thousand
Conversations," meant to spotlight concerns about immigrant detention and
enforcement actions by immigration agents. May 5, 2008 New York Times
Word spread quickly inside the windowless walls of the Elizabeth Detention
Center, an immigration jail in New Jersey: A detainee had fallen, injured his
head and become incoherent. Guards had put him in solitary confinement, and late
that night, an ambulance had taken him away more dead than alive. But outside,
for five days, no official notified the family of the detainee, Boubacar Bah, a
52-year-old tailor from Guinea who had overstayed a tourist visa. When frantic
relatives located him at University Hospital in Newark on Feb. 5, 2007, he was
in a coma after emergency surgery for a skull fracture and multiple brain
hemorrhages. He died there four months later without ever waking up, leaving
family members on two continents trying to find out why. Mr. Bah’s name is one
of 66 on a government list of deaths that occurred in immigration custody from
January 2004 to November 2007, when nearly a million people passed through. The
list, compiled by Immigration and Customs Enforcement after Congress demanded
the information, and obtained by The New York Times under the Freedom of
Information Act, is the fullest accounting to date of deaths in immigration
detention, a patchwork of federal centers, county jails and privately run
prisons that has become the nation’s fastest-growing form of incarceration. The
list has few details, and they are often unreliable, but it serves as a rough
road map to previously unreported cases like Mr. Bah’s. And it reflects a
reality that haunts grieving families like his: the difficulty of getting
information about the fate of people taken into immigration custody, even when
they die. Mr. Bah’s relatives never saw the internal records labeled
“proprietary information — not for distribution” by the Corrections Corporation
of America, which runs the New Jersey detention center for the federal
government. The documents detail how he was treated by guards and government
employees: shackled and pinned to the floor of the medical unit as he moaned and
vomited, then left in a disciplinary cell for more than 13 hours, despite
repeated notations that he was unresponsive and intermittently foaming at the
mouth. Mr. Bah had lived in New York for a decade, surrounded by a large circle
of friends and relatives. The extravagant gowns he sewed to support his wife and
children in West Africa were on display in a Manhattan boutique. But he died in
a sequestered system where questions about what had happened to him, or even his
whereabouts, were met with silence. As the country debates stricter enforcement
of immigration laws, thousands of people who are not American citizens are being
locked up for days, months or years while the government decides whether to
deport them. Some have no valid visa; some are legal residents, but have past
criminal convictions; others are seeking asylum from persecution. Death is a
reality in any jail, and the medical neglect of inmates is a perennial issue.
But far more than in the criminal justice system, immigration detainees and
their families lack basic ways to get answers when things go wrong. No
government body is required to keep track of deaths and publicly report them. No
independent inquiry is mandated. And often relatives who try to investigate the
treatment of those who died say they are stymied by fear of immigration
authorities, lack of access to lawyers, or sheer distance. Federal officials say
deaths are reviewed internally by Immigration and Customs Enforcement, which
reports them to its inspector general and decides which ones warrant
investigation. Officials say they notify the detainee’s next of kin or
consulate, and report the deaths to local medical authorities, who may conduct
autopsies. In Mr. Bah’s case, a review before his death found no evidence of
foul play, an immigration spokesman said, though after later inquiries from The
Times, he said a full review of the death was under way. But critics, including
many in Congress, say this piecemeal process leaves too much to the agency’s
discretion, allowing some deaths to be swept under the rug while potential
witnesses are transferred or deported. They say it also obscures underlying
complaints about medical care, abusive conditions or inadequate suicide
prevention. In January, the House passed a bill that would require states that
receive certain federal money to report deaths in custody to their attorneys
general. But the bill is stalled in the Senate, and it does not cover federal
facilities. The only tangible result of Congressional concern has been the list
of 66 deaths, which names Mr. Bah and many other detainees for the first time,
but raises as many questions as it answers. For Mr. Bah’s survivors, the mystery
of his death is hard to bear. In Guinea, his first wife, Dalanda, wept as she
spoke about the contradictory accounts that had reached her and her two teenage
sons through other detainees, including some who speculated that Mr. Bah had
been beaten. In New York, a cousin who is an American citizen, Khadidiatou Bah,
38, said she was unable to bring a lawsuit, in part because other relatives were
afraid of antagonizing the authorities. “They don’t want to push the case, or
maybe they will be sent home,” she said. “This guy was killed, and we don’t know
what happened.” Lingering Questions -- The list of deaths where Mr. Bah’s name
surfaced is often cryptic. Along with 13 deaths cited as suicides and 14 as the
result of cardiac ailments, it offers such causes as “undetermined” and
“unwitnessed arrest, epilepsy.” No one’s nationality is given, some places of
detention are omitted, and some names and birth dates seem garbled. As a result,
many families could not be tracked down for this article. But when they could
be, they posed more disturbing questions. In California, relatives of Walter
Rodriguez-Castro, 28, said they were rebuffed when they tried to find out why
his calls had stopped coming from the Kern County Jail in Bakersfield in April
2006. Then in June, his wife went to his scheduled hearing in San Francisco’s
immigration court and learned that he had been dead for many weeks, his body
unclaimed in the county morgue. The coroner found that Mr. Rodriguez-Castro, a
mover from El Salvador in the country illegally, had died of undiagnosed
meningitis and H.I.V., after days complaining of fever, stiff neck and vomiting.
The cause of death on the government’s list: “unresponsive.” Immigration
authorities said on Friday that the case was now under review, but would not
answer questions about it or other deaths on the list. Sgt. Ed Komin, a
spokesman for the jail, said the death had been promptly reported to immigration
officials, who were responsible for notifying families. Four sons in another
family, in Sacramento, described trying for days to get medical care for their
father, Maya Nand, a 56-year-old legal immigrant from Fiji, at a detention
center run by the Corrections Corporation in Eloy, Ariz. Mr. Nand, an
architectural draftsman, had been ailing when he was taken into custody on Jan.
13, 2005, apparently because his application for citizenship had been rejected,
based on an earlier conviction for misdemeanor domestic violence. In collect
calls, the sons said, he told them that despite his chest pains and breathing
problems, doctors at the detention center did not take his condition seriously.
The Corrections Corporation said he had been seen and treated “multiple times.”
But a letter to the family from an immigration official said his treatment was
for a respiratory infection. The letter said that Mr. Nand was taken to an
emergency room on Jan. 25, where congestive heart failure was diagnosed, and
that he “suffered an apparent heart attack while at the hospital.” He died on
Feb. 2, 2005, shackled to a hospital bed in Tucson. Boubacar Bah had more going
for him than many detainees. He had a lawyer and many friends and relatives in
the United States, and his detention center in New Jersey was one of the few
frequented by immigrant advocates. But three days after he suffered a head
injury in detention last year, no one in his New York circle knew that he was
lying comatose in a Newark hospital, where he had already been identified as a
possible organ donor. “Thank you for the referral,” an organ-sharing network
wrote on Feb. 3, 2007, according to hospital records. “This patient is a
potential candidate for organ donation once brain death criteria is met.” Four
days after the fall, tipped off by a detainee who called Mr. Bah’s roommate in
Brooklyn, relatives rushed to the detention center to ask Corrections
Corporation employees where he was. “They wouldn’t give us any information,”
said Lamine Dieng, an American citizen who teaches physics at Bronx Community
College and is married to Mr. Bah’s cousin Khadidiatou. On the fifth day, they
said, a detention official called them with the name of the hospital. There they
found Mr. Bah on life support, still in custody, with a detention guard around
the clock. “There was one guard who knew Boubacar,” Ms. Bah said. “He told me on
the down-low: ‘This guy, you have to fight for him. This guy was neglected.’ ”
Within the week, word of the case reached a reporter at The Times, through an
immigration lawyer who had received separate calls from two detainees; they were
upset about a badly injured man — named “something like Aboubakar” — left in an
isolation cell and later found near death. But advocacy groups said they were
unaware of the case. And Michael Gilhooly, the spokesman for Immigration and
Customs Enforcement, said that without the man’s full name and eight-digit alien
registration number, he could not check the information. For those who knew Mr.
Bah, it was hard to understand how such a man could lie dying without
explanations. “Everybody liked Boubacar,” said Sadio Diallo, 48, who has a
tailor shop in Flatbush, Brooklyn, where he and Mr. Bah had shared an apartment
with fellow immigrants since arriving in 1998. “He’s a very, very, very good
man.” For six years, Mr. Bah had worked for L’Impasse, a clothing store in the
West Village, sewing dresses that sold for up to $2,000 with what a former
manager, Abdul Sall, called his “magic hands.” Mr. Bah often spent Sundays at
the Bronx townhouse his cousins had inherited from the family’s first American
citizen, a seaman who arrived in 1943. In Africa, Mr. Bah’s earnings not only
supported his first wife, sons and ailing mother, but in Guinean tradition,
allowed him to wed a second wife, long distance. It was his longing to see them
all again after eight years that landed him in detention. When he returned from
a three-month visit to Guinea in May 2006, immigration authorities at Kennedy
Airport told him that his green card application had been denied while he was
away, automatically revoking his permission to re-enter the United States. An
immigration lawyer hired by his friends was unable to reopen the application
while Mr. Bah waited for nine months in detention, records showed. Mr. Bah died
on May 30, 2007, after four months in a coma. His lawyer, Theodore Vialet,
requested detention reports and hospital records under the Freedom of
Information Act. But by the time the records arrived last autumn, the idea of a
lawsuit had been dropped. So Mr. Vialet just filed the records away — until a
reporter’s call about a name on the list of dead detainees prompted him to dig
them out. After the Fall -- There are 57 pages of documents, some neatly typed
by medics, some scrawled by guards. Some quote detainees who said Mr. Bah was
ailing for two days before his fall on Feb. 1, and asked in vain to see a
doctor. The records leave unclear exactly when or how Mr. Bah was injured in
detention. But they leave no doubt that guards, supervisors, government medical
employees and federal immigration officers played a role in leaving him
untreated, hour after hour, as he lapsed into a stupor. It began about 8 a.m.,
according to the earliest report. Guards called a medical emergency after a
detainee saw Mr. Bah collapse near a toilet, hitting the back of his head on the
floor. When he regained consciousness, Mr. Bah was taken to the medical unit,
which is run by the federal Public Health Service. He became incoherent and
agitated, reports said, pulling away from the doctor and grabbing at the unit
staff. Physicians consulted later by The Times called this a textbook symptom of
intracranial bleeding, but apparently no one recognized that at the time. He was
handcuffed and placed in leg restraints on the floor with medical approval, “to
prevent injury,” a guard reported. “While on the floor the detainee began to
yell in a foreign language and turn from side to side,” the guard wrote, and the
medical staff deemed that “the screaming and resisting is behavior problems.”
Mr. Bah was ordered to calm down. Instead, he kept crying out, then “began to
regurgitate on the floor of medical,” the report said. So Mr. Bah was written up
for disobeying orders. And with the approval of a physician assistant, Michael
Chuley, who wrote that Mr. Bah’s fall was unwitnessed and “questionable,” the
tailor was taken in shackles to a solitary confinement cell with instructions
that he be monitored. Under detention protocols, an officer videotaped Mr. Bah
as he lay vomiting in the medical unit, but the camera’s battery failed, guards
wrote, when they tried to tape his trip to cell No. 7. Inside the cell, a
supervisor removed Mr. Bah’s restraints. He was unresponsive to questions asked
by the Public Health Service officer on duty, a report said, adding: “The
detainee set up in his bed and moan and he fell to his left side and hit his
head on the bed rail.” About 9 a.m., with the approval of the health officer and
a federal immigration agent, the cell was locked. The watching began. As guards
checked hourly, Mr. Bah appeared to be asleep on the concrete floor, snoring.
But he could not be roused to eat lunch or dinner, and at 7:10 p.m., “he began
to breathe heavily and started foaming slightly at the mouth,” a guard wrote. “I
notified medical at this time.” However, the nurse on duty rejected the guard’s
request to come check, according to reports. And at 8 p.m., when the warden went
to the medical unit to describe Mr. Bah’s condition, the nurse, Raymund Dela
Pena, was not alarmed. “Detainee is likely exhibiting the same behavior as
earlier in the day,” he wrote, adding that Mr. Bah would get a mental health
exam in the morning. About 10:30 p.m., more than 14 hours after Mr. Bah’s fall,
the same nurse, on rounds, recognized the gravity of his condition:
“unresponsive on the floor incontinent with foamy brown vomitus noted around
mouth.” Smelling salts were tried. Mr. Bah was carried back to the medical unit
on a stretcher. Just before 11, someone at the jail called 911. When an
ambulance left Mr. Bah at the hospital, brain scans showed he had a fractured
skull and hemorrhages at all sides of his swelling brain. He was rushed to
surgery, and the detention center was informed of the findings. But in a report
to their supervisors the next day, immigration officials at the center described
Mr. Bah’s ailment as “brain aneurysms” — a diagnosis they corrected a week later
to “hemorrhages,” without mentioning the skull fracture. After Mr. Bah’s death,
they wrote that his hospitalization was “subsequent to a fall in the shower.”
The nurse, Mr. Dela Pena, and the physician assistant, Mr. Chuley, said that
only their superiors could discuss the case. The Public Health Service did not
respond to questions, and the Corrections Corporation said medical decisions
were the responsibility of the Public Health Service. Mr. Bah’s cousins demanded
an autopsy, but the Union County medical examiner’s confidential report was not
completed until Dec. 6. It was sent to the county prosecutor’s office only as a
matter of routine, because the matter had been classified as an “unattended
accident resulting in death.” Prosecutors said they did not investigate.
“According to the report, Bah suffered a fall in the shower,” Eileen Walsh, a
spokeswoman for the prosecutors, said in an e-mail message. “We are not privy to
any other bits of information.” In the home movies Mr. Bah made of his last
journey home, he is only a fleeting presence: a slim man with a shy smile. But
without his support, relatives in Africa say they have little money for food and
none for his sons’ schooling. His body went back to Guinea in a sealed coffin.
“I stayed here seven years, waiting for him,” his second wife, Mariama, said in
French, recalling their long separation and the brief reunion that led to the
birth of their son, now a toddler, while Mr. Bah was in detention. “I wanted
them to open the casket,” she added, “to know if it was him inside. Until today,
I cry for him.” November 13, 2007 India Post
An Immigration Detention Center in Elizabeth, New Jersey reversed a ban
against turbans. Three detained Sikh men were barred from wearing turbans for
months. The facility changed its policy three weeks after the Sikh Coalition
intervened. Three Sikhs have been currently detained for immigration violations
at the Elizabeth Detention Center (EDC) by Immigrations Customs Enforcement
(ICE) of the Department of Homeland Security. EDC is run by a private government
contractor, Corrections Corporation of America (CCA). The men were put in
detention at various times within the past 15 months. CCA disallowed them from
wearing their turbans during this time. On October 7, a family friend of one of
the Sikh detainees contacted the Sikh Coalition requesting assistance. The
Coalition then contacted the family of the detained man, and subsequently was
able to communicate with all three Sikh detainees. All three asked the Coalition
for help to persuade the detention centre to allow them to wear their
turbans.The Sikh Coalition spoke to the Chief of Security at EDC on October 12.
The Coalition explained that their refusal to allow Sikh detainees to wear
turbans violated: firstly, ICE's Detention Standards regarding Religious
Practices, and secondly the Religious Land Use and Institutionalized Persons
Act. The Coalition also raised the issue in a memorandum to ICE officials on
October 17 in preparation for an interagency meeting in Washington, DC hosted by
the Department of Justice. The next day, the Legal Aid Society of New York and
the Coalition also sent a joint letter to the detention center's Warden,
explaining that CCA was violating the law. On October 22 the Warden contacted
the Legal Aid Society and indicated that the center would allow the men to wear
their religious headwear subject to safety and security considerations.
November 13, 2007 AP
A federal jury on Tuesday awarded a political asylum $100,001 after finding that
her rights were violated while in custody at a detention center operated for
U.S. immigration authorities by a private contractor, the immigrant's lawyer
said. The jury said the operator, then known as Esmor Corp., and some former
executives, should pay $100,000 to Somali immigrant Hawa Jama for negligent
hiring and training, and $1 for violating the Religious Freedom Restoration Act.
"Clearly, she would have been happier if she got more money, but she feels
vindicated," said the lawyer, Penny M. Venetis. The jury found no violation of
international human rights standards. The verdict came on the second day of
deliberations, but a decade after Jama and eight other immigrants sued the
company that ran the detention center in Elizabeth and what was then known as
the Immigration and Naturalization Service. Venetis said the eight others had
already settled for undisclosed sums, and the only remaining defendants were the
corporate successor to Esmor and former Esmor employees. Esmor is now part of
the Geo Group Inc. Messages seeking comment from its lawyer and a company
spokesman were not immediately returned. At trial, Jama testified that she
endured beatings, insults, rotting food and unsanitary conditions during her
11-month detention at the privately run jail in Elizabeth in 1994-95. The INS
closed the center following a riot in June 1995, when about 100 immigrants broke
windows, destroyed furniture and overpowered guards, claiming they were being
held under inhumane conditions. The INS fired Esmor, then of Melville, N.Y.,
after finding that poorly trained guards abused the detainees physically and
mentally, gave them spoiled food and deprived them of sleep. The detention
center reopened in January 1997 after renovations were completed by its new
operator, Corrections Corp. of America, of Nashville, Tenn. Jama, now in her
late 30s, got married several years ago and now lives with her husband and three
children in Columbus, Ohio, Venetis said. Jama had fled tribal warfare in
Somalia that claimed her father and brother, and became a U.S. citizen last
year, said Venetis, a law professor at Rutgers School of Law-Newark and
co-director of its constitutional litigation clinic. "She really is still very
haunted by what happened at Esmor," Venetis said. "She has flashbacks." Venetis
claimed "corporate greed" created miserable conditions at the Esmor detention
center. Guards routinely beat and cursed detainees, with Jama being called "an
African monkey," Venetis said. "She was denied sanitary napkins, so she just
bled all over herself once a month," Venetis said. Charges were dismissed three
years ago against the INS and its officials, with U.S. District Judge Dickinson
R. Debevoise saying the government cannot be sued. He also dismissed some
charges against the company's guards, finding that individual actions did not
rise to the level of international human rights abuses. But he refused to
dismiss all charges against Esmor and its officials. Some 1,600 former Esmor
detainees got a $2.5 million settlement from Esmor in 2005, with most getting
less than $1,000 each after legal fees. That group did not include Jama and the
other eight who sued. Geo, a publicly traded company based in Boca Raton, Fla.,
reported 2006 profit of $30 million, or $1.68 per share, compared with $7
million, or 47 cents per share a year earlier. It had revenue of $860.9 million
in 2006, compared with $612.9 million in 2005.
March 4, 2007 Courier News
The way Living Waters Lutheran Church describes it, Elizabeth Detention
Facility is a living hell. The church says illegal immigrants, refugees and
asylum seekers are locked in a warehouse without sunlight. Detainees are denied
personal possessions, deprived of privacy and forced into a dormitory-style room
22 hours a day. Outdoor recreation, the church says, is a room with only a panel
in the ceiling open to the sky. Reports of such alleged conditions and legal
mismanagement have spurred the Hunterdon County congregation to plan a March 18
prayer vigil outside the center in Elizabeth, Union County. Short of closing
such facilities for good, the church says it hopes prayer will signal awareness
and comfort to those trapped in a "cruel maze of injustice." "We're interested
because, as people of faith, we have to be," said the Rev. Matthew Cimorelli,
the church's pastor. "There is an overarching message in the Scriptures
throughout the Old Testament and also in the New Testament that says things like
care for the widow and the orphan and the stranger and the alien in your midst.
... We care about the detainees in the Elizabeth Detention Center because it's a
mandate from God to do so. They're the least. They're the alien. They're the
stranger in our midst." And Living Waters isn't alone. The Rev. Bruce H.
Davidson, director of the New Jersey Synod's Lutheran Office of Governmental
Ministry, said Living Waters is one of many congregations heeding the synod's
call to learn what goes on inside the facility and to take turns gathering
there. Davidson estimates the synod -- which encompasses 192 congregations
throughout the state -- has attempted to draw attention to the center for the
past 10 years. For the past two, Davidson said, the synod has adopted official
resolutions calling for better treatment of detainees. "We're not questioning
that there needs to be controls in place," Davidson said. "We feel the controls
in place, if they are followed, will not only provide protection of our borders
but would also make sure people who find themselves in this situation are not
abused." Civil rights groups such as the American Civil Liberties Union of New
Jersey also have decried the treatment of detainees. In an article last year,
the ACLU estimated that roughly 1,100 immigrants were being held in a half-dozen
county jails throughout the state as well as the Elizabeth Detention Facility.
"Who are these individuals? Mostly, they are people who have overstayed their
visas or are otherwise not in legal status," the ACLU wrote of New Jersey's
detainees. "But many are asylum seekers fleeing persecution in their native
countries, only to find themselves arrested at U.S. airports. Most have
families, jobs and community ties in New Jersey. They are your neighbors,
friends, colleagues or even family members." Assistant Warden Charlotte Collins,
who said "we welcome all peaceful vigils," declined to comment on the treatment
of Elizabeth's detainees and the conditions inside the facility. The center is
operated under the federal Bureau of Immigration and Customs Enforcement and the
Corrections Corporation of America. The Immigration and Customs Enforcement Web
site describes the facility as "a temporary detention center for individuals who
are waiting for their immigration status to be determined or who are awaiting
repatriation." But some churches and immigrant rights organizations counter that
the Department of Homeland Security, the agency ultimately responsible for
detention standards, regularly violates its own rules. In January, 84
immigration detainees, the National Immigration Project of the National Lawyers
Guild and six other immigrant rights organizations announced a joint petition to
the Department of Homeland Security asking the agency to adopt universal,
binding regulations for detainees. "The need for enforceable, uniform standards
that establish clear lines of accountability is especially critical in light of
the patchwork system of detention currently employed to house detainees,"
including local jails, the groups wrote. For Davidson, an immediate hope is that
detainees have their cases decided quickly and in accordance with international
law while detention centers preserve detainees' safety and human dignity.
Although Davidson acknowledged the synod's efforts have yet to prompt
legislative response, he said past vigils -- especially those attended by young
people -- have successfully raised awareness. "I think it changed people's minds
about immigration and also about the way we sometimes treat people," Davidson
said. "So, I think just the experience of bringing people to this place and
letting them know what happens, that is powerful enough to get people to change
their mind about this issue and to become active and make things different."
Said Cimorelli, Living Water's pastor: "We can't just sit in our churches and
sing songs and say that's serving God. You serve God by loving your neighbor.
And God is pretty clear about who the neighbor is." September 7, 2005 AP
Immigrants who claimed they were abused at a detention center won
a $2.5 million settlement from a private company that operated the center for
the federal government. After legal fees, some 1,600 detainees will divide about
$1.5 million based on how long they were held and what they said was done to
them, the New Jersey Law Journal reported this week. U.S. District Judge
Dickinson R. Debevoise, in Newark, approved the settlement Aug. 10. The
detainees were being held at the Elizabeth center between August 1994 and June
1995 for what was then called the Immigration and Naturalization Service. Many
have since been deported. The center was operated by Esmor Correctional
Services, then based in Melville, N.Y., until shortly after a June 1995 riot,
when about 100 immigrants broke windows, destroyed furniture and overpowered
guards, claiming they had suffered physical abuse and other inhumane conditions.
The INS closed the center and fired Esmor after its investigation found that
poorly trained guards abused the detainees physically and mentally, gave them
spoiled food and deprived them of sleep. The detention center reopened in
January 1997 after renovations were completed by its new operator, Corrections
Corp. of America, of Nashville, Tenn. Still pending is a related lawsuit against
Esmor, now known as Correctional Services Corp., of Sarasota, Fla., by nine
detainees who claim that political asylum seekers were abused and harassed at
the center.
November 17, 2004 AP
Evidence shows political asylum seekers were abused and harassed while detained
at a privately operated facility that lacked clean food, clothes and bedding, a
federal judge found as he refused to dismiss a lawsuit by nine immigrants. "You don't need to beat someone to a pulp until they're
ready to die to violate human rights law," said the lawyer, Penny M.
Venetis, associate director of the Constitutional Law Clinic at Rutgers School
of Law-Newark. The ruling, filed Nov. 10 by U.S. District Judge Dickinson R.
Debevoise in Newark, is the latest milestone in a lawsuit filed in 1997 against
what was then called the Immigration and Naturalization Service and the company
that ran its detention center in Elizabeth. The judge dismissed charges against
the INS and its officials, saying the government cannot be sued. He also
dismissed some charges against the company's guards, finding that individual
actions did not rise to the level of international human rights abuses, Venetis
said. But he refused to dismiss all charges against Correctional Services Corp.
and its officials. The Sarasota, Fla.-based company was known as Esmor Corp.
when it operated the INS detention center. The judge said
the evidence showed that detention center administrator Willard Stovall was
"fully aware" of abuses, and listed 21 examples, including the
beatings of detainees and the sexual assault of one female detainee. Other
examples cited by the judge were sexual harassment that included guards watching
women detainees take showers, broken toilets, defective heating, and lack of
access to supplies such as toothbrushes and toothpaste. In addition, guards
interfered with detainees' efforts to practice their religions, whether they
were Christian, Hindu or Muslim, the judge said. The
Elizabeth center was operated by Esmor, then based in Melville, N.Y., until
shortly after a June 1995 riot, when about 100 immigrants broke windows,
destroyed furniture and overpowered guards, claiming they suffered physical
abuse and other inhumane conditions. The INS closed the center and fired Esmor
after its investigation found that poorly trained guards abused the detainees
physically and mentally, gave them spoiled food and deprived them of sleep. The
detention center reopened in January 1997 after renovations were completed by
its new operator, Corrections Corp. of America, of Nashville, Tenn.
September 21, 2001
A Nigerian man whose accounts of abuse spawned a staff shake-up and reforms at
the Elizabeth Detention Center has been freed after spending nearly four years
behind bars. An immigration judge granted Oluwole Aboyade, 23, relief from
deportation under a United Nations convention against torture. In
1999, Aboyade and Salah Dafali, another detainee, accused guards at the
privately run detention center of beating them after they complained about
conditions. The center was operated by Corrections Corp. of America of
Nashville, Tenn. A subsequent INS investigation found many of the
accusations were credible. Several guards and supervisors were reassigned,
and INS officials demanded that the chief of security be transferred out of the
facility. The warden also resigned, citing personal reasons. (Naples Daily
News)
Dozens of detainees have started a
hunger strike to protest conditions and what they call an unfair parole process
and demanded reinstitution of cancelled English classes and an end to abusive
behavior by guards. (New York Times, Oct.15, 2000)
Nearly 100 detainees stage a hunger
strike to protest what they considered tough parole criteria. Immigration
officials promised to review parole requests and to study ways to increase the
quantity of food and lower prices of telephone cards used by detainees. (New
York Times, Oct.15, 2000)
A pending lawsuit alleges that
"a policy or practice that authorized CCA staff to use abusive practices to
control and discipline."
Giants
Stadium
New Jersey
Aramark
October 25, 2007 The Record
On a fall Sunday eight years ago, Antonia Verni of Cliffside Park was sent
to a harsh prison, probably for the rest of her life. Her incarceration does not
include steel bars, stone walls and stern guards, though. Antonia's prison is
far more merciless. On that Sunday, a man who later said he was "beyond drunk,"
drove his pickup truck head-on into the Verni family's Toyota Corolla. Antonia
was paralyzed from the neck down. She was only 2 years old and was returning
with her mother and father from a trip to pick pumpkins. Antonia now spends her
days in a wheelchair, hooked to a breathing machine and monitored by a nurse.
Over the course of her life, her parents, who quit their jobs to care for her,
may have to come up with as much as $32 million to pay all of Antonia's medical
bills. The fiery crash on Terrace Avenue in Hasbrouck Heights, which also left
Antonia's mother partially blind, galvanized national attention to the dangers
of drunken drivers. But it raised other questions, too: What about those who
serve booze to drunks? Are servers guilty? If not, why not? The drunken driver,
Daniel Lanzaro, a Cresskill carpenter and father of two young sons, spent that
tragic day swilling the equivalent of three six-packs of beer, mostly inside
Giants Stadium. When he rammed his truck into the Verni car, his blood alcohol
level was more than three times the legal limit. Didn't anyone who sold beer at
Giants Stadium or at area bars later visited by Lanzaro notice that he was blind
drunk? As you might expect, this tragedy landed in court. Lanzaro pleaded guilty
to a criminal charge of vehicular assault and was sentenced to five years in
prison. The Verni family filed a lawsuit, and won a historic $135 million
judgment, with $105 million of it to come from the stadium beer vendor, Aramark
Corp. Aramark appealed – no surprise there. Nor was it surprising that lawyers
for Antonia's family and Aramark privately worked out a settlement, approved
last week by a Bergen County judge. What's surprising – and sad -- is that the
judge sealed the records. This pivotal chapter of Antonia's story needs to be
told, not locked in a judicial file drawer. We've heard many times how drunken
driving wrecks innocent lives. Indeed, such stories are important. But we also
need to explore other, wide-ranging implications of drunken driving, especially
for those who sell booze in taverns or at public sporting events. Our government
issues liquor licenses to these vendors. Why shouldn't taxpayers know more about
them? Sealing records in such an important court case does not add to
constructive discourse. It puts a damper on it. In reaching an agreement with
Antonia's family, Aramark issued a statement claiming it "settled the litigation
without any admission of wrongdoing." It merely paid Antonia's family – as if
that means nothing. Antonia's parents seem satisfied that the settlement will
cover their daughter's medical bills. That's good news. But why not disclose the
amount? Knowing the size of the judgment might be a warning to vendors to be
careful. And why allow Aramark to avoid admitting any responsibility? Or was
that question dropped from discussions? More important, was Giants Stadium
required to take additional steps to make sure tipsy fans are not served at
future events? Open those records. It's the only way to be sure.
September 7, 2006 Star-Ledger
Lawyers for a Bergen County girl paralyzed in a drunken-driving accident have
asked the state Supreme Court to review her case against the beer vendor at
Giants Stadium, claiming the issues could affect drunken-driving policies in New
Jersey. The attorneys argue that a state appeals court erred in August when it
overturned a landmark $135 million jury verdict against the stadium vendor,
Aramark Corp., and a fan whose drunken-driving accident left 2-year-old Antonia
Verni of Cliffside Park paralyzed. The appeals court ordered a new trial, ruling
that testimony about the "culture of intoxication" at the stadium should not
have been presented to the jury. Antonia's attorneys disagree. "If this decision
is allowed to stand, it will emasculate the ability of victims of drunk driving
to go after liquor establishments that serve visibly intoxicated patrons, by
eliminating certain evidence that can go before a jury, and that's not what the
law ... intended," said Antonia's attorney, David Mazie, who filed a 25-page
petition to the state Supreme Court on Tuesday.
August 3, 2006 AP
A New Jersey appeals court on Thursday overturned a landmark $105 million
verdict against a Giants Stadium concessionaire that sold beer to a drunken
football fan who later caused an auto accident, leaving a girl paralyzed. The
three-judge appeals panel ruled that the trial court erred by improperly
allowing testimony about the “drinking environment at the stadium” and ordered a
new trial should be held. “The admission of this evidence cannot be considered
harmless. A central theme of plaintiffs’ case was the culture of intoxication at
the stadium,” the court wrote in its 65-page ruling. Last year, a state judge in
Hackensack rejected an effort by Philadelphia-based Aramark Corp. to throw out
or reduce the verdict. Its vendors sold beer to Daniel Lanzaro, of Cresskill,
during a 1999 New York Giants game just hours before he caused a car crash that
left then-2-year-old Antonia Verni paralyzed from the neck down. In January
2005, a Bergen County jury said Lanzaro and Aramark should pay a total of $135
million in damages. At the time, legal experts said it was the largest alcohol
liability award in the United States in at least the last 25 years. Aramark’s
portion of that award included $30 million in compensatory damages and $75
million in punitive damages.
May 31, 2006 NewJersey.com
Lawyers for a food-service giant that was ordered to pay $105 million to the
family of a Cliffside Park girl paralyzed in a drunken-driving crash argued
Tuesday that the victim's father shares responsibility for her condition.
Antonia Verni was 2 years old when a truck driven by a drunken Cresskill man
slammed head-on into her family's sedan on Terrace Avenue in Hasbrouck Heights
on Oct. 29, 1999. A Bergen County jury in January 2005 ruled that employees of
Aramark Corp. irresponsibly sold beer to the drunken driver, Daniel Lanzaro,
contributing to the crash. The jurors awarded more than $135 million in
compensatory and punitive damages – an amount many lawyers believe is the
largest ever in such a lawsuit. Aramark is liable for $105 million and Lanzaro
the rest. Arguing before a state appellate panel in Trenton on Tuesday, Aramark
attorneys lambasted Superior Court Judge Richard Donohue for dismissing evidence
that they said should have been admitted during the civil case in Hackensack.
For one thing, they contended, Ronald Verni had strapped Antonia in an adult
seat belt instead of a child restraint. The impact jolted her head forward,
breaking her neck and causing the paralysis, they said. Antonia's mother, Fazila
Baksh Verni, was the only other person seriously injured in the crash. The
woman, who the lawyers said wasn't wearing a seat belt, was hospitalized for two
months and left partially blinded. "Everyone walked away from the accident,
except Antonia and her mother," said Aramark lawyer Michael Rodburg. However, he
said, the jurors in Hackensack were never allowed to review that evidence during
the trial. "This was a smear case against Aramark," he said. "And the judge
allowed it."
January 26, 2006 Star-Ledger
A lawyer for an 8-year-old paralyzed car crash victim has filed a motion to
expedite the appeal of a $135 million jury verdict, most of it against the beer
service company at Giants Stadium. Attorney David Mazie of Roseland said the
state appellate court should speed up the case because his client, Antonia Verni,
is ventilator-dependent and has been unable to get the 24-hour nursing care that
experts on both sides of the case recommend. Neither Antonia nor her mother,
Fazila, has been able to collect the money while the case is pending, Mazie
said. "It's very unusual to file an appeal to expedite," Mazie said. "It's only
done in the gravest of cases. We think her situation is one such case. This is
to prevent something catastrophic from happening." Last January, Antonia and her
mother were awarded $135 million in compensatory and punitive damages, most of
it against Aramark Corp., the concessionaire at Giants Stadium. A jury
determined there was a "culture of intoxication" at the stadium and found
Aramark guilty of serving a visibly drunk fan who later caused the car crash
that left the Cliffside Park girl injured. Aramark appealed, but a state
appellate court could take until September to hear arguments. Antonia's
court-appointed legal guardian for the case, Albert Burstein, said the
second-grader can't wait that long to collect her award. He said the family only
has limited access to about $500,000 collected in settlements from third
parties. "There's not enough money to match the daily costs of taking care of
Antonia," Burstein said. "If we were to do the job we would like to do on her
behalf, which means round-the-clock care by professionals, it adds up very
rapidly." Antonia has a nurse during school hours, paid for by the school
district. Her mother, who has no formal medical training, cares for Antonia at
home.
September 25, 2005 San Francisco Chronicle
Fans who drive after drinking excessively at 49ers or Raiders games, or any
other sporting event, would be well advised to consider the plight of an
8-year-old New Jersey girl. And a vendor who sells an intoxicated fan another
beer should think not only about the little girl but about the
multimillion-dollar judgment a jury ruled she and her family were entitled to
receive earlier this year from the New York Giants' concessionaire.
"Concessionaires throughout the country are well aware of that case,"
NFL spokesman Greg Aiello said. In January, a jury awarded $135 million to the
family of Antonia Verni, who was paralyzed from the neck down in a car wreck
caused by a drunken football fan. The fan is serving a five-year prison
sentence, and the concessionaire whose employees sold him beers when he was
already clearly intoxicated will pay the family $110 million unless the verdict,
currently on appeal, is reduced or reversed. The NFL, the 49ers and the Raiders
say the Verni case was a wakeup call for the league and the people who serve
fans millions of dollars worth of beer and other alcoholic beverages each
season. Like other pro sports leagues, the NFL is heavily intertwined with beer
companies. Their signage is as much a part of stadiums as the goalposts, and
their commercials form the backbone of the league's TV sponsorship. Attorney
David Mazie said from his office in Roseland, N.J., "Quite frankly, I
haven't heard anything that demonstrates the NFL and teams have changed their
policies on serving alcohol -- other than paying lip service. I haven't seen
anything at all." Mazie called the verdict against Aramark "a
milestone" in holding a concessionaire accountable. "There may have
been settlements before, but I'm not aware of any verdicts. Clearly, it's a
landmark, not only because of its size but because of the punitive
damages."Lanzaro "was trashed" when the accident occurred, Mazie
said. "I'm sure there were 5,000 others in the same condition (driving away
from the game)." "As long as you're not falling down, they'll serve
you," Mazie said of Aramark employees. "The person who trained them
said that. But by the time you're slurring your speech or stumbling, your
blood-alcohol is between .10 and .15. Anything above .08 is drunk driving, so
what they're saying is they'll still serve people when they're at twice the
legal limit." "There are a series of signs -- slurring of speech,
talking a lot, not being able to hold themselves up straight," spokesman
David Freireich said from the firm's headquarters in Philadelphia. Aramark is a
founding member of the Techniques for Effective Alcohol Management (TEAM)
Coalition, a nonprofit group that advises pro sports leagues and sponsors
designated-driver programs at McAfee Coliseum and other parks, Freireich pointed
out.
March 4, 2005 USA Today
A state judge on Friday upheld a $105 million verdict
against a Giants Stadium concessionaire for selling beer to a drunken football
fan who later caused an auto accident, leaving a girl paralyzed. State Superior
Court Judge Richard J. Donohue in Hackensack rejected an effort by
Philadelphia-based Aramark Corp. to throw out or reduce the verdict. Its vendors
sold beer to Daniel Lanzaro of Cresskill during a 1999 New York Giants game
hours before he caused a car crash that left then 2-year-old Antonia Verni
paralyzed from the neck down. "It sends a message to Aramark and other beer
concessions around the state that they have to change their ways," said
David Mazie, a Roseland lawyer representing Verni's family. Aramark's portion of
that award included $30 million in compensatory damages and $75 million in
punitive damages. Interest accruing daily has brought the company's total to
nearly $110 million, according to Mazie. The family claimed Aramark vendors sold
beers to Lanzaro at the stadium in East Rutherford even though he was clearly
drunk. The company, they said, fostered an atmosphere in which intoxicated
patrons were able to buy more.
January 21, 2005 Reuters
The family of a girl paralyzed in a car crash caused by a
drunken football fan won $105 million in damages from the concessionaire that
sold him beer, and the girl's father said on Thursday the case should have
far-reaching effects. The
Superior Court jury in Hackensack, New Jersey, assessed punitive damages on
Wednesday against Giants Stadium concessionaire Aramark Corp., for its role in
the October 1999 accident that left Antonia Verni, then 2 years old, paralyzed
from the neck down.
January 18, 2005 AP
A jury awarded $60 million Tuesday to the family of a girl
paralyzed in a car wreck caused by a drunken football fan. Ronald
and Fazila Verni were headed home from a pumpkin-picking trip in 1999 with their
2-year-old daughter, Antonia, when their car was hit by a truck driven by Daniel
Lanzaro, 34. Antonia was paralyzed from the neck down. The family sued Aramark,
the Giants Stadium concessionaire, claiming vendors sold beers to Lanzaro even
though he was clearly drunk and that Aramark fostered an atmosphere in which
intoxicated patrons were served. The stadium also mandates that fans can only
buy two beers at a time -- a rule Lanzaro sidestepped by tipping the vendor $10,
allowing him to buy six beers.
January 14, 2005 WNBC News
Jury deliberations have begun in a civil lawsuit filed by the family of a
7-year-old girl who was paralyzed when a drunken football fan on his way home
from a New York Giants game crashed into the family's car. The
family claims Aramark, the Giants Stadium concessionaire that sold beers to the
fan, was partly responsible for the crash in Hasbrouck Heights. The family
claims Aramark vendors sold beers to Daniel Lanzaro at the stadium even though
the Cresskill man was clearly drunk and that Aramark "fostered" an
atmosphere where intoxicated patrons were served, which is against the law.
January 12, 2005 NewJersey.com
An admitted alcoholic who slammed his truck into a
Cliffside Park family's car, paralyzing their 2-year-old daughter, wasn't
visibly drunk when he bought beer at Giants Stadium earlier that day, an alcohol
expert told jurors Tuesday. Robert
J. Pandina, a psychology professor and director of the Center of Alcohol Studies
at Rutgers University, said Daniel Lanzaro of Cresskill couldn't have had more
than five or six beers inside the stadium. The parents of the injured
girl are suing Aramark, the food-service company that holds the liquor license
at the stadium, saying it sold alcohol irresponsibly to Lanzaro. Lanzaro, a
35-year-old carpenter and father of two, left a Giants game on Oct. 24, 1999,
and crashed his truck head-on into the car of Ronald and Fazila Baksh Verni in
Hasbrouck Heights. The crash seriously injured Baksh Verni and left the Vernis'
daughter, Antonia, a paraplegic. The family is suing Aramark under a state law
that holds vendors liable for damages caused by patrons who were served alcohol
while visibly intoxicated.
December 9, 2004 Star-Ledger
Sitting in her wheelchair with a stuffed doll propping her
head, unable to move her arms or legs, 7-year-old Antonia Verni told a jury
yesterday what she wants to be when she grows up. "I want to be a singer, a
rock star, a kindergarten teacher and a ballerina," Verni said, her melodic
voice filling the tiny courtroom. Two jurors cried. Others shifted in their
seats. Doctors say the Cliffside Park girl will never be able to walk as a
result of a car accident when she was 2 years old, when a drunken football fan
rammed his truck into her family's car as they were driving home from pumpkin
picking. Verni testified on the second day of a civil trial in Superior Court in
Bergen County in a case against Aramark, the Giants Stadium concessionaire that
sold beers to the fan who crashed into the Vernis, Daniel Lanzaro.
December 9, 2004 NorthJersey.com
A drunken driver who rammed his truck into a young
family's car in Hasbrouck Heights - paralyzing a 2-year-old girl for life and
landing himself in prison for five years - openly admits that he was
"beyond drunk" in the 1999 accident. But the buck doesn't stop there,
lawyers for the Cliffside Park family contend. Aramark's beer servers, who sold
more than a dozen beers to the driver at Giants Stadium during a game, are
equally responsible, say the lawyers, who have taken the battle to the
multinational food-service conglomerate. As a civil trial opened Wednesday in
Superior Court in Hackensack, the first witness for the Verni family was Daniel
Lanzaro, the drunken driver, who is still in prison. Lanzaro is a defendant, but
is penniless and is testifying willingly. He testified that Aramark concession
stands - contrary to state law and the company's internal rules - sold alcohol
at the stadium to visibly intoxicated patrons. Aramark's lawyer, Brian Harris,
told the jury during his opening statement that Lanzaro was a seasoned drinker
who didn't display signs of intoxication when he was drunk. Even though
Aramark's beer sellers are trained in identifying intoxicated people, Lanzaro
fooled them, he said.
Gloucester
County Jail
Woodbury, New Jersey
Prison Health Services
August 29, 2006 Gloucester County Times
A former Gloucester County Jail inmate and his significant other are suing the
county, alleging that he contracted an often drug-resistant staph infection
while locked up and then brought it home. Michael DiFelice of Deptford Township
was an inmate at the jail for seven months, starting on April 11, 2005. Not long
after his release on Nov. 1, DiFelice's "domestic partner" began exhibiting
signs of the same infection, according to the lawsuit filed in Superior Court.
DiFelice and Kelly Filipponi have both been diagnosed with the boil-like skin
infection, according to the lawsuit. The lawsuit alleges that the county failed
to properly inform its staff and inmates of other cases of methicillin-resistant
Staphylococcus aureus. Also named in the lawsuit were the county department of
corrections, the sheriff's department and Prison Health Services Inc. More than
a dozen other lawsuits have been filed against the county from both former
inmates and corrections officers at the jail.
July 13, 2006 Gloucester County Times
A fifth lawsuit filed against the county claims that a former inmate of the
Gloucester County Jail became infected with staph while incarcerated there.
Brantley Owens of Glassboro allegedly began "exhibiting signs and symptoms of an
infection" caused by staphylococcus aureus bacteria shortly after his
incarceration in August 2004, according to the complaint filed in Superior
Court. Owens claims that jail officials knew of other cases of the often
contagious and drug-resistant skin infection and failed to notify inmates and
put policies in place to minimize or prevent exposure, according to the suit.
Owens' suit is the fifth lodged against the county concerning staph infection --
one officer and two former inmates previously filed individual suits, and last
month five people, corrections officers and their spouses, filed a joint suit.
The most recent claim names the county, county freeholders, the county
department of corrections, the county Sheriff's Department, Prison Health
Services, Inc., former jail warden John Tevoli and former corrections director
W. Stanley Nunn. County spokeswoman Debra Sellitto declined comment because the
matter is in litigation. Owens' Attorney Scott McKinley, of the firm Hoffman and
DiMuzio, has filed three other lawsuits on behalf of two former inmates as well
as a corrections officer who claim they contracted staph while at the jail.
March 23, 2006 The Daily Journal
Gloucester County faces a third lawsuit over an outbreak of drug-resistant
staph infections at the county jail in 2003 and 2004. The latest lawsuit --
filed by Jeffrey Maxie of Johnson City, Tenn., and his domestic companion,
Marlene Byrnes of Westville -- accuses the county of failing to address the
staph outbreak properly. The contagious skin infection can be fatal if
untreated. Byrnes contracted staph from close contact with Maxie after he left
the jail in April 2004, but before he was aware he had contracted it, said the
couple's attorney, Scott C. McKinley. In a lawsuit filed last week in Gloucester
County Superior Court, Maxie contends he contracted staph while in the jail on
an unspecified charge in April 2004. The county "failed to inform the plaintiffs
of the risk of exposure, failed to prevent said exposure, (and) failed to put
procedures or policies (in) place to eliminate or minimize the risk of
exposure," according to the lawsuit. County Counsel Samuel J. Leone could not be
immediately reached for comment. The lawsuit also names as defendants the county
freeholder board; the county's Department of Correctional Services; the
Sheriff's Department; Prison Health Services Inc., which provides medical care
at the jail; former warden John Tevoli; and W. Stanley Nunn, the former
corrections director.
November 1, 2005 Courier-Post
A former inmate at Gloucester County Jail alleges in a lawsuit that negligent
oversight of the jail caused him to contract a staph infection while he was
incarcerated in 2003. The lawsuit, filed by Joseph Favacchia of Swedesboro, is
the second to accuse the county of failing to properly address an outbreak of
drug-resistant staph infections at the jail in 2003. The contagious skin
infection can be fatal if untreated. Favacchia contends he contracted staph
while in the jail on a violation of probation charge in November 2003. A year
later, Favacchia learned that county officials had been aware of other cases of
staph infections at the jail but "withheld and fraudulently concealed"
that information, Favacchia contends in his complaint. The county "failed
to inform the plaintiff of the risk of exposure, failed to prevent said
exposure, (and) failed to put procedures or policies (in) place to eliminate or
minimize the risk of exposure," according to the lawsuit. The lawsuit also
names as defendants the county freeholder board, the county's Department of
Correctional Services, the county Sheriff's Department, Prison Health Services
Inc., which provides medical care at the jail, former warden John Tevoli and W.
Stanley Nunn, the former corrections director. In September 2004, county
freeholders suspended Tevoli for two weeks without pay after determining he
misled a Citizens Advisory Board about the extent of the staph outbreak. Tevoli
resigned in January after two years as warden.
Morris
County Jail
Morris County, New Jersey
Aramark
June 23, 2005
In the usual scenario, people caught using heroin go to jail, but last week
authorities discovered the obverse is also true: People who go to jail get
caught using heroin.
Two women, Mount Olive Township resident and former state prisoner Karen
Ryerson, 42, and Newark resident Leslie Harwell, 36, a worker in the Morris
County Jail cafeteria, were charged with heroin distribution.
Harwell is employed by Aramark, a Pennsylvania-based food service
company. She was arrested Sunday after allegedly selling drugs inside the jail,
according to the Morris County Prosecutor’s Office.
She was charged with possession of heroin and possession with intent to
distribute. She is being held in a cell in the jail where she worked on $50,000
bail. Ryerson
was arrested Monday after authorities determined she had been the supplier of
the heroin to Harwell. She was charged with possession of heroin and heroin
distribution. She is being held in the Morris County jail on $100,000 bail.
According to the Prosecutor’s Office, a corrections internal affairs
officer had learned last Thursday that Harwell was allegedly selling the drugs.
Harwell was allegedly able to bring in the drugs because employees are not
searched upon entry, Rubbinaccio said. Harwell
has been employed at the jail since mid-May. Aramark employees prepare food in
the jail’s kitchen and help train inmates in food preparation. She has no
criminal record, Rubbinaccio said.
New
Jersey Department of Corrections
Correctional Medical Services, Life Skills Academy
April 27, 2008 Asbury Park Press
The administration of Gov. Corzine is awarding a no-bid pact to the
University of Medicine and Dentistry of New Jersey to provide medical care for
New Jersey's prison inmates. The move, which the administration views as a
money-saver, is being scrutinized by some who fear the shift might actually cost
the cash-strapped state, and by extension its taxpayers, more than its deal with
a private contractor. These critics worry UMDNJ is ill-equipped to handle the
job. Federal investigators found that the state-financed health-care university
fumbled away more than $400 million through fraudulent and wasteful spending,
though it has recently instituted reforms. Also, UMDNJ has a foggy track record
in care-giving to prisoners. UMDNJ in 2005 got the state's OK to provide
mental-health care for the inmates, and costs thereafter shot up — 50 percent
over what what the private company that was doing the work charged, said John
Paul Doyle, a former Democratic assemblyman who now represents the company.
State Treasurer David Rousseau, disputing that amount, has said he foresees
nothing to indicate costs would now go up. "It is expected the UMDNJ arrangement
will reduce the state's overall costs," Rousseau told the Senate Budget
Committee." Since the mid-1990s, the physical and dental care for the 27,600
state inmates — plus another 14,000 held in county facilities — has been
provided by Correctional Medical Services, of St. Louis, whose latest New Jersey
contract is worth $85 million. Last October, the state's inspector general
issued a harsh report about CMS, saying it overcharged and had been out of
compliance with its New Jersey contract. "It should be competitively bid," said
Sen. Leonard Lance, R-Hunterdon, the budget czar of the Republican caucus. "The
lowest bidder should be awarded the contract. That could be in the private
sector or the public sector."
April 15, 2008 Star-Ledger
Correctional Medical Services is fighting the state's decision to cancel its $85
million annual contract to provide medical, dental and pharmaceutical services
to state prisoners. The company filed a protest letter Friday, alleging that the
state's decision to replace it with the University of Medicine and Dentistry of
New Jersey violates state bidding laws and could cost the state $50 million more
a year if history is a guide. John Paul Doyle, a former Democratic assemblyman
who now represents the company, wrote that the state's cost for providing mental
health services for inmates jumped nearly 50 percent in 2005 when it switched
from the St. Louis-based company CMS to UMDNJ. "Based on past history and the
current budgetary crisis in New Jersey, this unadvertised award, remarkably made
in the midst of the existing four-year contract with CMS, makes no sense for the
state of New Jersey," Doyle wrote in his letter to the state Treasury
Department. He also said the company would forgo a 4.73 percent increase to
cover costs associated with caring for the 27,600 inmates in state prisons and
an additional 1,400 in mates being held daily in county facilities until a state
cell is available. During a Senate Budget Committee hearing yesterday, state
Treasurer David Rousseau disputed that it would cost $50 million more to use
UMDNJ to provide medical, dental and pharmaceutical services to state prisoners.
"We see no basis for this contention," Rousseau said. "In fact, based on the
assessment of costs and charges, it is expected the UMDNJ arrangement will
reduce the state's overall costs." He said the state hopes to save $3.4 million
in built-in profits for CMS and another $5.5 million by enrolling in a
pharmaceutical plan --for which CMS cannot qualify -- that caps how much UMDNJ
will pay for medication. The treasurer did acknowledge that the state's payroll
costs would be greater because it will have to hire more staff, including some
of the 800 medical workers who now work for CMS, and pay them fringe benefits.
Rousseau also took issue with CMS' numbers on the mental health services
contract, saying the state's cost jumped from $33 million to $43.4 million when
it switched, not $49 million as the company claimed. He added that the price
jumped because the state hired more workers to satisfy a federal settlement that
governs how the Department of Corrections cares for mentally ill prisoners. CMS
spokesman Ken Fields said the figures came from public budget documents, but "in
any event, it's a significant increase over one year compared with CMS."
April 1, 2008 Star-Ledger
The state has canceled its $85 million annual contract with a St. Louis-based
company that has provided medical, dental and pharmaceutical services to state
prisoners since New Jersey privatized its inmate health care system in 1996,
officials said yesterday. The state Treasury Department notified Correctional
Medical Services on Friday that it planned to replace it with the University of
Medicine and Dentistry of New Jersey, the state's medical school, according to a
copy of a letter obtained by The Star-Ledger. UMDNJ already provides mental
health services for state inmates. CMS, whose contract expired last night, had
sought a 4.73 percent increase to cover costs associated with caring for the
27,600 inmates in state prisons and an additional 14,000 inmates being held in
county facilities until a state cell is available. "The state has decided that
it is in its best interest to contract with the University of Medicine and
Dentistry to provide all of the inmate health care services," wrote Alice Small,
acting director of Treasury's Division of Purchase and Property. The move ends a
contentious 11-year relationship with CMS that was launched during then-Gov.
Christie Whitman's push to privatize government services. It comes months after
the state auditor and the state inspector general issued separate reports
critical of the company. It also gives the state-funded university a shot in the
arm as it tries to emerge from federal oversight that documented more than $400
million in fraudulent and wasteful spending. The state told CMS it would need to
continue staffing inmate health services for 180 days so UMDNJ personnel can get
up to speed. Treasury spokesman Tom Vinz said the state believes the new
arrangement, which will be enacted through an interagency compact rather than
through public bidding, will "improve both the bottom line as well as services."
He said officials don't know exactly how much the state would save. "We believe
that overall costs will be extremely competitive with the current contract and
that the expanded partnership will result in new economies, efficiencies and
conveniences that benefit the state," Vinz said. The cancellation came as a
shock to CMS, which employs more than 800 health care professionals in New
Jersey to handle the state inmate contract, said spokesman Ken Fields. He said
the rate increase was pegged to the Consumer Price Index but "was well below the
rate of inflation facing all other areas of health care in New Jersey." "The
state has been extremely satisfied with our work and has never given us an
indication that they would prefer to make a change in contractors," said Fields.
"We are disappointed that the state appears to have started a process that would
not include getting any competitive bids. It has been our experience that state
and local governments feel that a competitive bidding process results in the
best value for them." UMDNJ spokeswoman Anna Farneski said the new agreement is
"an enormous vote of confidence in UMDNJ's abilities to effectively deliver care
to a population in need of comprehensive services." The state paid the medical
school $49 million last year to provide mental health services for inmates.
Attorney Patricia Perlmutter, who reached a class-action lawsuit in 1999 against
the Department of Correction on behalf of mentally ill inmates, said canceling
the CMS contract is the end of "a failed experiment." "For years, they delivered
very poor service to the prisoners in the state," she said. "There certainly was
improvement over time. The number of complaints we would receive did diminish
the last year of contract term. But overall they didn't deliver what they
promised."
October 16, 2007 AP
For the second time in two years, an audit has found that the Corrections
Department failed to adequately monitor its multimillion dollar contract for
inmate dental services. Monday's report by Inspector General Mary Jane Cooper
mirrors a 2005 audit by Treasury's contract compliance unit. Both concluded that
Corrections could not guarantee that inmates were getting services that were
paid for or that the state wasn't overpaying the provider, Correctional Medical
Services. The inspector general also found that Corrections did not fine the
provider for missing deadlines spelled out in the contract, even though it could
have collected $1 million or more for screenings that were not conducted within
a specified time of a new inmate's arrival. The quality of medical and dental
care was not considered. Both reports blamed Corrections' automated systems for
being incapable of collecting and retaining the data necessary to monitor
compliance with the contract. Correctional Medical Services was awarded a
two-year, $168 million contract in April 2005 to provide health services to
about 40,000 inmates a year, including a dental portion worth $7.5 million. The
contract was renewed for one year in April, Corrections spokesman Matt Schuman
said. The report says the contract dictates that certain services be performed
within specific time frames — and gives Corrections the authority to assess
damages for missed deadlines — because of concerns over provider performance
that developed during a prior health services contract. An initial Treasury
audit in 2005 showed that Corrections did not have an automated information
system capable of providing data to monitor the contract. When a system was
finally put in place, it relied on the vendor to enter data, the inspector
general's report shows, and had flaws. Schuman said Monday that Corrections had
not yet seen the report and would have no comment. Ken Fields, a spokesman for
Correctional Medical Services in St. Louis, Mo., also said he was unfamiliar
with the report and could not comment.
February 28, 2007 The Star-Ledger
Criticizing the state for trying to shirk its responsibility to provide
inmates adequate health care, the New Jersey Supreme Court today ordered the
prison system to develop regulations on how to notify inmates when they have a
serious medical condition. In its unanimous ruling the high court also ordered
the Department of Corrections to give inmates access to their complete medical
records and to correct those records if they are inaccurate, since both are
essential to adequate medical care. "This is a major victory for the medical
rights of prisoners," said Princeton attorney Bruce Afran, who argued the case
on behalf of a New Jersey State Prison inmate. "Every other patient in the state
has a right to their own medical records and the state was refusing that right
to prisoners. The court has now reversed that." The case stems from "one
inmate's odyssey to correct an erroneous entry in his medical records," Justice
Virginia Long wrote in the court's opinion. The inmate, identified only as J.D.A.
because he fears retribution in prison, suffers from hepatitis C, a potentially
fatal liver disease. He tested positive for the disease in 2001, but a
prison-contracted doctor misread the test results and noted in his file the
virus was "not detected." When he learned of the mistake two years later, J.D.A.
filed paperwork to have it changed. Correctional Medical Services, the private
company responsible for treating New Jersey's 27,000 state inmates, refused to
change his medical chart because it was "a legal document" that cannot be
altered, court records show. Corrections, meanwhile, claimed only CMS had the
"ability to make changes to an inmate's medical record."
February 5, 2007 The Star Ledger
Walking across the courtroom, Jerald Albrecht fell and hit the floor. It was
emblematic, perhaps, of his status among the righteous that no one rose to help
him. The convict, a sick man, tripped over his leg shackles. Albrecht, 50, is
suing a company paid nearly $100 million a year in public funds to provide
health care to 27,000 state prison inmates. He contends Correctional Medical
Services Inc. of St. Louis failed to provide timely diagnosis and treatment of
an often fatal disease that infects him and a large number of fellow inmates --
hepatitis C. He is not the first inmate to sue -- handling the infection among
convicts is a controversy that has raged for five years in New Jersey -- but he
is conducting a complex legal trial completely on his own. Albrecht, imprisoned
for robbery 22 years ago, has no lawyer, no legal training, not even a
bachelor's degree. And he is clearly not well. He is up against (literally)
Philadelphia lawyers and a judge who has thrown out much of his case by refusing
to allow witnesses on which he relied heavily. Federal District Judge Anne
Thompson in Trenton cannot help his case, but some of her rulings seem unduly
harsh. For example, she enthusiastically allowed a volunteer attorney -- Bruce
Afrin of Princeton -- to help Albrecht conduct a direct examination of himself,
but then stopped it, in front of the jury, for no apparent reason. She dismissed
Afrin, saying the process wasn't "working," but did not explain why. Albrecht
recovered. He elicited dramatic testimony from his own expert witness -- Esteban
Mezey, a liver specialist from Johns Hopkins University, who was critical of his
treatment. He held up well under cross-examination from the Philadelphia
lawyers. And, the other day, the day he fell, Albrecht conducted his own
cross-examination of the company's expert witness, a professor named Carroll
Leevy, and the contrast with what the legal pros did was remarkable. Thompson
harried Albrecht as he tried to ask questions, but let Leevy deliver long,
unsolicited lectures as responses. His speeches ate up the inmate's time and
often sounded, not like testimony, but arguments for the company paying him
$2,500 that day to testify. In the end, however, the performance helped
Albrecht. One issue is the amount of medication he received once treatment,
delayed for months, finally began. Leevy insisted a lesser amount -- given by
the company -- was appropriate, but Albrecht got the doctor to admit that he
prescribed more of the drug for his own patients and wrote at least one
scholarly article recommending a higher dosage. More important, Leevy, a
professor at the University of Medicine and Dentistry of New Jersey, showed
little patience and no compassion for the likes of Albrecht, a man who must
navigate a courtroom in a beige prison uniform, shackles and a fever. And who
falls without help. Leevy said the nearly two-year delay in treating Albrecht
"would not make a significant difference," in his condition but, under
Albrecht's questioning, Leevy conceded he would never treat his own patients
that way. "It's always pleasant to have things done in a timely manner," said
Leevy, who then added, in a bizarre moment, that Albrecht may even have
benefited from the delay because, while he wasn't being treated, new, more
effective medications were developed. Pleasant? Meanwhile, damage to Albrecht's
liver worsened. Then, while discussing drugs to be used, Leevy said even his
private patients might not have access to the best medications. "Unfortunately
not being in prison and not being able to get free drugs," he said, they
couldn't afford them. The comment drew gasps from the audience and dark stares
from jurors. Who could imagine that, no matter what Albrecht did to deserve
time, he was "fortunate" to be in jail, suffering from a fatal disease? After
his testimony, he was asked whether the comment was "a little harsh." No, said
Leevy, because "that was the reality." The testimony reflected an attitude that
Albrecht and other inmates want courts, want everyone, to see: State prisons and
their private contractors were in no rush to diagnose and treat thousands of
inmates suffering from hepatitis C. Because prisoners are bad guys. Who wants to
spend money to help them? Never mind that returning sick prisoners to freedom
creates health risks for the general population. And never mind, no matter what
he did, Albrecht is a citizen with constitutional rights. As well as a mean
guitarist who persuaded a thoroughly nonjudgmental Wynton Marsalis to come to
the prison to give a master class to a jazz combo Albrecht started. And, most of
all, even in shackles, Jerald Albrecht is a man.
July 25, 2006 The Record
New Jersey prison officials failed to make sure that a contractor who was
guaranteed $1.5 million a year actually taught inmates or even checked to see if
his "life skills" classes worked, the state auditor has found. Trenton-based
Life Skills Academy Inc. was allowed to essentially monitor its own progress and
bill the state without any supervision, the audit found. Attendance was not
properly tracked and, in at least one case, inmates did not take the required
amount of training, according to the report, a copy of which was obtained by The
Record. Life Skills Academy appears to be the only contractor whose payment is
required in the state budget -- an arrangement so unusual the auditor decided to
issue a separate report on the program's deficiencies. Records at one prison
showed that inmates attended 60 hours of classes, rather than the required 80
hours. A list of inmates who graduated from the same prison, which was not
named, included the name of "facilitators" who had already taken the class, the
report found Life Skills Academy is run by Emmanuel ben Avraham, a controversial
community activist who worked first in Newark and later in Trenton. The company
Web site proudly boasts of its ability to teach troubled inmates the skills to
make decisions and "empower them to take control of their lives and actions." It
features a slide show of photographs that include inmates as well as celebrities
such as Whitney Houston. One video shows Avraham's wife, Elianah Avraham, listed
as the company's chief of staff, excoriating inmates in a fiery presentation
that sounds more like a sermon or a stump speech than a classroom lecture.
December 21, 2004 The Record
Others spoke about how it was a "day of
promise." Bringing in the University of Medicine and Dentistry of New
Jersey to manage mental health care in the state prison system creates a unique
partnership between academia and the judicial system, they said. But as state
officials were all smiles during this October announcement, Chris Kosseff, who
heads UMDNJ's University Behavioral HealthCare division, painted a darker, more
realistic picture of the mental health care crisis in state prisons. Facing a
group of health professionals, state officials and reporters at the Department
of Corrections' Trenton headquarters, Kosseff read from a study published by the
Human Rights Watch that talks about how many prison mental health services are
"woefully deficient, crippled by understaffing, insufficient facilities and
limited programs. Beginning Jan. 1, UMDNJ will provide behavioral health
services to the state's 27,000 prisoners - 13 percent of whom have some form of
mental illness. UMDNJ
will replace Correctional Medical Services Inc. of
St. Louis
as the state's prison mental health care provider.
November 18, 2004 Daily Record
Former Chester resident Craig Szemple, who is serving three life terms for
murdering three people, will be allowed to continue his lawsuit against a state
prison medical group he claims neglected to give him physical therapy he needed
immediately after elbow and wrist surgery, a state appeals court has ruled. As
a New Jersey State Prison inmate, Szemple underwent two surgeries related to
carpal tunnel syndrome on Nov. 7, 1996, on his right wrist and elbow. The
surgeon ordered physical therapy to begin "ASAP" but Correctional
Medical Services, the conglomerate with the contract to administer health
services to some 26,000 state prisoners, did not arrange for Szemple to have a
physical therapy evaluation until March 17, 1997. Acting
as his own lawyer, Szemple in November 1998 sued Correctional Medical Services
and the state Department of Corrections, alleging that he was given substandard
care and his wrist and elbow worsened as a result of not receiving immediate
physical therapy. The medical group tried unsuccessfully several times to get
Szemple's lawsuit dismissed. Its lawyers finally succeeded in 2003, when a judge
in Mercer County dismissed the lawsuit, mainly on grounds that a chiropractor
whom Szemple wanted to use to prove his case was not qualified to do so. The
appeals court, in its opinion released Wednesday, reinstated Correctional
Medical Services as a defendant in the lawsuit, saying that the chiropractor is
qualified to give his opinion about the treatment Szemple received.
October 30, 2004 Daily Journal
A state Department of Corrections employee has filed a
lawsuit alleging sexual harassment by a clinical social worker and five other
unnamed defendants, according to court papers filed with Gloucester County
Superior Court. The
suit, filed Tuesday, claims that licensed social worker Robert Stanley subjected
Southwoods State Prison employee Tony Valentine to "a pattern of sexual
harassment" and "engaged in a pattern of retaliatory and defamatory
activity" designed to embarrass him, according to court documents.
Valentine filed a complaint with the Equal Employment Division in Nov. 2003,
leading to an investigation. The EED concluded Stanley's actions were
inflammatory, and recommended his employer, Correctional Medical Services, take
remedial action, which the lawsuit alleges was never taken.
October 7, 2002
New Jersey prisons
failed to tell hundreds of inmates that they
were infected with the potentially
fatal hepatitis C virus, in many cases withholding the information for
more than a year In a mass notification prompted by a Philadelphia
Inquirer investigation,
New Jersey prison officials told
421 inmates in the last two weeks of July of their infection, a medical
audit shows.
Uninformed
patients can spread the blood-borne disease through shared drug
paraphernalia, sex and
possibly even blood droplets on shared toothbrushes.
In
fact, 21 prisoners were recently released into the community without
being told they were infected,
according to the audit.
Art
Caplan, a medical ethicist at the University of Pennsylvania, said
that failing to tell patients about a
potentially life-threatening condition was a fundamental breach of
standard medical practice.
"The
key moral issue is that every person, including a prisoner, has a
right to know his health status,"
Caplan said.
The
prisons' private medical vendor, Correctional Medical Services (CMS),
said some of the 421 inmates
had been told prior to July but it had not been noted in their electronic
files.
CMS
spokesman Ken Fields said that because of problems transferring paper
records to a computer
system, it was impossible to determine how many had prior notification.
When
pressed for a number, Fields said that "in some cases," inmates
already knew.
The
delay in notification raises legal issues as well. The nation's courts
have a long tradition of ruling in
favor of a patient's right to know. In addition, New Jersey has a "Patient
Bill of Rights" that reinforces this
right for hospital patients. How that will happen is not clear.
CMS
last summer left hepatitis C out of its bid to renew its medical
contract with the state prisons.
CMS,
which has held the contract for six years, wanted to increase its fee
by 30 percent, or about $30
million a year, not including hepatitis C care. Its bid said it would
treat and test for hepatitis C only if the
state itself picked up the bill.
Brown
said the state rejected the CMS bid because it failed to cover
hepatitis C treatment.
With
the current CMS contract expiring at the end of this month, and no
other bidders, Brown said the
state will have to come up with alternatives - such as dividing the
state's prisons into different regions to
encourage more competitive bidding or putting out another request for
bids. (Bradenton Herald)
Oyster
Creek Nuclear Power Plant
Oyster Creek, New Jersey
Wackenhut
April 17, 2003
Two security guards at the Oyster Creek nuclear power plant were removed
from their posts a day after an employee found them sleeping on the job, company
officials said.
The guards, who were placed on administrative leave by their
private employer, were stationed at a second checkpoint outside the plant at
4:50 a.m. Monday when they were found sleeping by an employee coming to
work. This follows on the heels of two other problems reported recently: A
local news station aired footage of someone driving around the plant's parking
lot unchallenged by security, and warning sirens were found to be
inoperative. "First it was the van, then it was the sirens, now this.
What's next?" Lacey resident Janet Wickham said. "It's like Homer
Simpson is running the plant or something." The guards -- whose names
were not made public -- were employees of Wackenhut, a Florida-based security
firm. Each had been with the company for about a year: one was a former member
of the military, the other a former police officer, said John Jasinski, director
of nuclear operations for Wackenhut. (Asbury Park Press)
Passaic
County Jail
Passaic County, New Jersey
Aramark
February 19, 2006 Herald News
Passaic County Jail inmate prayers -- and stomach
rumblings -- have been heard. Sheriff Jerry Speziale is firing the jail's meal
provider, Aramark, and inmates will take charge of the kitchen come May,
Speziale spokesman Bill Maer said Friday. "We can do it as well as them at this
point," he said. The company's $1.7 million annual contract is being terminated
because of poor "quality, service, attentiveness," said Maer. Jail officials
haven't estimated how much they will save by cooking in-house, and the financial
aspect is secondary, said Maer. Inmates said the food is cold, measly in portion
size, not varied enough and served on dirty trays, forcing some to pay as much
as $200 a month on pre-packaged food from the jail's commissary. The
Philadelphia-based vendor was the only bidder for the contract and company
executives have since 2002 contributed at least $3,700 to Speziale's campaign,
according to election reports. Speziale had advised the company twice over the
past year to step up food quality and professionalism or lose the contract.
Earlier this month, an Aramark employee at the jail was charged with selling
marijuana to inmates. The federal government began an audit -- its second within
four years -- into possible mistreatment of detainees and substandard jail
conditions at Passaic. The audit is due for release by April. Maer said the
firing of Aramark is unrelated to the audit. Three jail inmates said Friday they
believed Speziale's decision is designed to appease a growing chorus of inmate
complaints about unacceptable jail conditions, in his quest to secure more
federal and state inmates in 2006. Housing those inmates provided $20.9 million
to the department last year.
February 5, 2006 NorthJersey.com
A food service employee at the Passaic County Jail was arrested Saturday and
charged with smuggling marijuana to inmates. Three weeks ago, an anonymous
source tipped jail investigators that Roody Preval, 18, of Spring Valley, N.Y.,
could be selling marijuana to jail inmates, according to Bill Maer, a spokesman
for the Passaic County Sheriff's Department. Employed by Aramark Food Services,
Preval had been working as a warehouse supervisor at the Passaic County Jail on
weekends since July 15. Investigators searched Preval when he reported to work
at 12:10 p.m. Saturday, and they found three grams of marijuana hidden in a
Newport 100 cigarette box. Preval was charged with conspiracy to distribute
marijuana, possession of marijuana, possession of marijuana 1,000 feet from a
school, and conspiracy to provide an inmate with contraband knowing that the
contraband was illegal.
January 20, 2006 Herald News
Under pressure from inmates complaining about the quality of jail cuisine,
Passaic County Sheriff Jerry Speziale may terminate a $1.7 million food service
contract with facility's current provider, Philadelphia-based Aramark. "The
sheriff is holding Aramark's feet to the fire regarding the food quality issue,"
Bill Maer, spokesman for the Passaic County Sheriff's Department, said Thursday.
Speziale's threat this week issued to Aramark is his second - last June he
changed the company's contract from annual to month-to-month and told Aramark
officials the firm needed to improve food quality and increase the menu variety,
Maer said. Speziale's promise to re-evaluate Aramark's competency came after a 2
p.m. meeting on Wednesday with a group of about seven U.S. Marshals Service
inmates over grievances, which included the poor quality of the food served at
the county, Maer said. Much of the changes demanded from the food service
company could be traced to a long-simmering controversy over the poor quality of
the meals being served at the county jail. A letter dated Jan. 7 from an
anonymous group of U.S. Marshals Service inmates said the meals are cold and too
cheap to be nutritious.
April 2, 2005 Herald News
The Passaic County Jail may drop its $1.4 million-a-year
contract with the food vendor Aramark. "At
this point, the department is considering making alterations or terminating the
contract," said Sheriff's Department spokesman Bill Maer. "Although
the department feels that the vendor has been deficient in many areas, at this
point a final decision has not been made." "Preliminarily,
yes, (jail officials) have said that we could do it cheaper and better,"
said County Administrator Anthony DeNova.
South Woods State Prison
Bridgeton, New Jersey
Correctional Medical Services
November 23, 2005 Today's Sunbeam
Less than a month after a Southern State Corrections Facility employee was
sentenced here in Superior Court for having sex with inmates, a staff member at
South Woods State Prison has been accused of similar behavior. Dawn Brown, a
nurse aide at the 1,500-inmate South Woods prison in Bridgeton, was picked up by
state Department of Corrections Special Investigations officers Friday and taken
to Cumberland County Jail on charges she had consensual sex with at least one
male inmate at South Woods. "This is something that's completely
unacceptable," said state DOC spokeswoman Deirdre Fedkenheuer. "It was
consensual in the fact that no one was raped. When you have somebody in a
supervisory position this sometimes happens." Brown, who has been charged
with sexual assault and official misconduct, was hired by Correctional Medical
Services in May 2004. CMS provides medical services at South Woods State Prison
and other state facilities throughout New Jersey.
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