Texas Prison Bid'ness

In an 8-1 opinion last week issued in Minneci v. Pollard, the Supreme Court held that an inmate in a privately contracted federal prison cannot maintain a Bivens action against facility employees to redress injuries he sustained as a result of their neglect. 

The plaintiff, Pollard, a prisoner in the Taft Correctional Institute operated by The GEO Group (formerly Wackenhut Corrections Corporation), fractured his elbows in a fall outside of the prison’s butcher shop in 2002.  He alleges that through the neglect of Wackenhut staff, he suffered immeasurable pain and “two permanently damaged arms”.

Although the Ninth Circuit found existing California tort law to be an insufficient remedy for Pollard, the Supreme Court found that "the state tort law authorizes adequate alternaive damages actions -- actions that provide both significant deterrence and compensation."

The ruling is significant for states (including Texas) “where federal prison facilities are being run by private companies”, but it is also important to note that the decision is narrowly focused on cases in which an appropriate state remedy exists that provides protection to the plaintiff.  The greater question of whether or not an employee of a private corporation under contract with the federal government “acts under color of federal law” for the purpose of Bivens remains unanswered.  

The Sentencing Project* recently published a new report on private prisons titled, Too Good to be True: Private Prisons in America authored by Cody Mason.  The publication details the history of private prisons in America and documents the increase in their use.  The major findings include:

• Texas prisoners in private facilities grew by 55% from 1999 thru 2010.
• From 1999 to 2010 the use of private prisons increased by 40% at the state level and by 784% in the federal system.
• In 2010 seven states housed more than 25% of their prison population in private facilities. 
• Savings associated with investing in private prisons appear dubious.

To round out 2011, Texas Prison Bid'ness is highlighting the top five private prison stories of the year. Looking forward to the new year, our #1 story of 2011 is the current proposal to privatize the entire Harris County Jail system.

Over the summer, Nicole reported that Harris County issued a request for proposals in June seeking proposals for the management of the entire jail system of approximately 10,000 beds. At the time, the Houston Chronicle ("Harris County leaders consider privatizing the jail," April 18) speculated that the proposal was merely political sparring between County Commissioner Steve Radack, a privatization proponent, and Sheriff Adrian Garcia, who opposes privatization.  

However, recent reports indicate that the proposal may be much more serious.  As our friend Scott Henson over at Grits for Breakfast reported last week, Corrections Corporation of America has already submitted a bid to manage the entire Harris County Jail system.  (Scott also kindly posted the RFP that he obtained from and Open Records Request). Scott asks some tough questions about the process thus far:

"Why is the process "confidential" (read: secret) in the first place? Why are privatization schemes being hatched in private instead of in public discussions? Why do CCA investors know more about privatization plans for the Harris County Jail than local media and the taxpayers? The Harris County Jail is bigger than the prison systems in half the states; should something this big really be done in a back-room deal before the public even knows it's happening?"

If privatized, the Harris County Jail - a massive system of more than 10,000 beds - could be the largest for-profit private prison in the country, and obviously a huge boon for Corrections Corporation of America.  The proposal will undoubtedly draw opposition from community groups and the Sheriff's officers union.  The fight over privatizing the Harris County Jail could very likely be our big story of 2012 as well.

Over the next several days, Texas Prison Bid'ness will be highlighting the top five private prison stories of 2011, and looking forward to the new year.   Our #2 story is the growing resistance amongst immigrant rights organizations and media to the for-profit private detention system.

In October of 2010, NPR reported that through its membership in ALEC, private prison corporation Corrections Corporation of America was able to help draft model anti-immigrant legislation like Arizona's noxious SB 1070.  The story would be a precursor to a host of organizing efforts, research initiatives, and media campaigns by immigrant rights groups around the country to expose the private prison industry's role in immigration detention policy.  Here are some of the highlights:

1) In May, the Detention Watch Network (with the support of Grassroots Leadership, my organization) published data outlining that 47% of all immigration detention beds are operated by private prison corporations and that CCA and GEO Group have poured millions of dollars into federal lobbying expenditures over the last several years.

2) Enlace, an international coalition of worker and migrant organizations, launched a national prison divestment campaign with allies across the country.  The campaign got an immediate boost when Pershing Square head Bill Ackman dumped his company's stocks in the Corrections Corporation of America.  Since then, the movement has taken off with protests in front of GEO-investor Wells Fargo in around the country including here in Austin with actions taken by the Texans United for Families coalition.

3) Perhaps the most visually inspiring campaign has been the series of "Immigrants for Sale" videos produced by Cuentame and the Brave New Foundation.  This series highlights the role of the private prison industry in benefiting from and propelling the growth of immigration detention.  Check out the first video for an overview of what was to come:

Here's hoping for a 2012 filled with similar kinds of creative protests of the private prison industry.