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CCA Declared a "Governmental body", must Disclose Records

On March 19, a Travis County, Texas court has declared the the Corrections Corporation of America (CCA) a governmental body, according to Prison Legal News ("Texas Court holds CCA is a governmental body in PLN public records suit 2014"). According to the Texas Public Information Act, CCA, as a governmental body, is required to disclose information to the public. 

This ruling is the result of a lawsuit filed by Prison Legal News (PLN), a monthly publication housed within the Human Rights Defense Center that focuses on criminal justice issues. PLN filed a lawsuit against CCA in May 2013 after the for-profit prison corporation refused to disclose information, such as audits and other investigations regarding the troubled Dawson State Jail, which Grassroots Leadership helped close that same year. The records in question would have been public had Dawson not been operated by a private company. CCA operated nine facilities in Texas, four of which are used to incarcerate state prisoners. 

PLN managing director Alex Friedmann commented on CCA's secrecy: 

This is one of the many failings of private prisons... By contracting with private companies, corrections officials interfere with the public’s right to know what is happening in prisons and jails, even though the contracts are funded with taxpayer money. This lack of transparency contributes to abuses and misconduct by for-profit companies like CCA, which prefer secrecy over public accountability.

PLN argued that CCA can be defined as a "governmental body" because the company performs duties that are also performed by the government. CCA rebutted, claiming that not all funds from Texas are allocated for Texas facilities, but are instead used to "to support CCA’s corporate allocations throughout the United States." PLN's has won a lawsuit against CCA in Tennessee and another is pending in Vermont. 

Brian McGiverin of the Texas Civil Rights Project, who represented PLN along with Cindy Saiter Connolly, calls the ruling against CCA a "victory":

The conditions of Texas prisons have been the focus of intense public scrutiny for nearly 40 years... Today’s ruling is a victory for transparency and responsible government. Texans have a right to know what their government is doing, even when a private company is hired to do it.