Texas Prison Bid'ness is pleased to welcome Eshe Cole to our blogger line-up. Eshe is the new Mental Health and Criminal Justice Program Coordinator at Grassroots Leadership, one of the sponsors of Texas Prison Bid'ness.
Most recently, Eshe worked as a Program Coordinator for the City of Austin helping to develop a pilot program addressing maternal health disparities for African-American women in Austin/Travis County. She also spent the past few years working with Mamas of Color Rising, a local group of women who organize around various social justice issues pertaining to poor and working class mothers of color.
Originally from Temple, Texas, Eshe attended the University of Texas at Austin where she studied Sociology, African-American Studies and most recently received her PhD in Cultural Anthropology.
“I am very excited about the opportunity to work with such a great group of people fighting against the injustices of the Prison Industrial Complex. I am looking forward to contributing to the critical work at Grassroots and helping to create change that matters.”
On September 15, a Travis County District Court entered a final judgment that held Corrections Corporation of America (CCA), the nation’s largest for-profit prison company, is a “governmental body” for purposes of the Texas Public Information Act and is therefore subject to the “Act’s obligations to disclose public information.”
This was the first time a Texas court had found that a private prison company was required to comply with the state’s public records law, joining courts in Tennessee, Florida, and Vermont.
District Court Judge Gisela D. Triana entered the judgment in a lawsuit filed by Prison Legal News (PLN), a monthly publication that reports on criminal justice-related issues and a project of the non-profit Human Rights Defense Center.
PLN filed suit against CCA on May 1, 2013 after the company refused to produce records related to the now-closed Dawson State Jail, including reports and audits concerning CCA’s management of the facility. CCA operates nine facilities in Texas, including four state jails.
PLN had argued that CCA meets the definition of a “governmental body” under the Texas Public Information Act because – among other factors – the company “shares a common purpose and objective to that of the government” and performs services “traditionally performed by govern-mental bodies.”
In the latter regard, PLN noted that “Incarceration is inherently a power of government. By using public money to perform a public function, CCA is a governmental body for purposes” of the state’s public records law.
The court agreed, noting that “CCA failed and refused to disclose the documents” requested by PLN, which were “public information” as defined by the Public Information Act. Accordingly, CCA was ordered to produce the records; Judge Triana also ordered the company to pay $25,000 in PLN’s attorneys’ fees and costs, plus another $5,000 if it unsuccessfully appeals.
“That is the right result and clearly what the Public Information Act requires,” said PLN attorney Cindy Saiter.
CCA has vigorously opposed compliance with state public records laws and has lobbied against the Private Prison Information Act on the federal level.
“Although CCA acts as the functional equivalent of a government agency when it runs prisons and jails, it opposes efforts to hold the company accountable under public records laws to the same extent as government agencies,” said PLN editor Paul Wright. “It makes you wonder what the company is hiding, and why it doesn’t want to be held accountable to members of the public whose tax dollars pay for CCA’s private prison contracts.”
“The public saw truly awful things when we began pulling the veil from the CCA-operated Dawson State Jail last year,” said attorney Brian McGiverin with the Texas Civil Rights Project. “Today, allegations are coming to light of CCA’s complicity in a widespread sexual abuse hazing ritual at the Bartlett State Jail. Is it any wonder CCA opposes greater transparency?”
PLN was represented by attorneys Cindy Saiter with Scott, Douglass & McConnico, LLP and Brian McGiverin with the Texas Civil Rights Project. The case is Prison Legal News v. CCA, Travis County District Court, 353rd Judicial District, Cause No. D-1-GN-13-001445.
In April, Juan Aguilar, a former GEO employee was charged with sexual abuse of a detainee. The victim of the abuse was being detained at Pearsall during his deportation proceedings. The two men were working in the kitchen when Aguilar pulled down the detainee's pants off and performed fellatio on him in the freezer.
On Wednesday, a jury took just over an hour to find Aguilar guilty, and he is nowawaiting his sentence. Aguilar’s lawyer reportedly argued that he had no authority over the inmate and that the act was “wrong but not a crime,” and likened it to someone having an extra-marital affair — morally wrong but not illegal. However, the law in Texas is clear that sex between inmates and employees is absolutely illegal.
This is not the first time that the GEO Group, and specifically the detention center in Pearsall, has been involved in a sexual abuse scandal.
In July, we reported protests about sub-standard conditions in the Jack Harwell Detention Center in Waco, Texas. The facility is privately run by LaSalle Southwest Corrections and was not originally meant for immigrant detention.
Protestors argued that officials denied the detainees basic rights like use of the telephone, reasonable access to visitation, or an adequate legal library.
The protests by advocates and criticism from attorneys apparently worked.
Norma Lacey, from ICE’s San Antonio Field Office confirmed. "We are currently not utilizing the Jack Harwell facility," Lacy wrote in an email to advocates asking to visit immigrants at Jack Harwell earlier this week. "We can notify you should we need to utilize it again."
The Jack Harwell Detention Center had about 250 beds for ICE detainees. The average age of the detainees’ was about 19 years old.