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ACLU Criminal Alien Requirement (CAR) Report: Giles W. Dalby Correctional Facility

The fifth and final criminal alien requirement (CAR) prison featured in the ACLU's recent report is Giles W. Dalby Correctional Facility. The facility is located in Post, Texas and is operated by the Management and Training Corporation (MTC). Originally built in 1999 and suggested by Judge Giles Dalby, the prison was intended to spur economic growth in the surrounding community. Currently, 1,900 men are incarcerated there. 

The first major finding is that prison staff harasses people incarcerated at Dalby. Emmanuel, a blind man, is regularly harassed by guards in the recreation yard and in the cafeteria line, where a guard shines a barcode scanner in his eyes and laughs. A man who could not walk notified a guard that he could not climb the stairs to his housing unit. As a result, the man was placed in solitary confinement.

The report alleges that racial slurs are also routinely uttered to prisoners. Guards have reportedly used slurs such as "wetback" and "Mexican nigger." Prisoners are also sent to the solitary housing unit (SHU) for not speaking English. Because guards give commands in English, many of the men are not able to follow orders and are punished. Other prisoners claim that they cannot communicate with guards. When the majority of guards need to speak to a Spanish-speaking prisoner, another prisoner is often asked to translate. 

Guards also allegedly use homophobic slurs against all the men, and target openly gay men specifically by giving them tickets for "engaging in sexual acts."  Prisoners also allege that guards threaten them with physical violence. Guards also reportedly threaten to send anyone who files complaints in light of such threats with the SHU. 

Guards also appear to be insufficiently trained. The only mandatory training is 24 hours of "disciplinary hearings." Other training is available, but only at the expense of the contractor. According to the report, guards at private prison facilities have less training, a higher turnover rate, and are paid less than their public sector counterparts. 

Like the other facilities featured in the report, medical care at Dalby is delayed and insufficient. Martin, an asthma sufferer, had an asthma attack, during which he had to wait 25 minutes for MTC staff to respond, and another 20 minutes to be escorted to the medical wing. Upon his arrival, there was no doctor and a nurse who did not how to properly intubate him. On a different occasion, a guard decided that an epileptic prisoner who was having a seizure was faking. On yet another occasion, a prisoner had a heart attack in the yard. Medical personnel did not reach him for 15 to 20 minutes, and it took MTC staff yet more time to clear away the witnessing prisoners. That man died as a result.