Tag: Shelby County Jail

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Judge Lipman Oversees New COVID Protections for Jailed Inmates

Shelby County Criminal Justice Center at 201 Poplar Avenue

It isn’t a Get Out of Jail card, but it’s one of the next best things. On Friday, US. District Judge Sheryl Halle Lipman of Tennessee’s Western District approved an agreement between civil rights advocates and the Shelby County Sheriff’s office that will improve health conditions in jail and protect people from the ravages of COVID-19.

Judge Lipman

The agreement guarantees that the jail will implement rigorous monitoring and reporting; additional jail inspections; improved airflow and ventilation measures to keep people safe from airborne transmission of COVID-19; better quality protective equipment for people being detained in the jail; continued efforts to expedite release for those who are disabled and medically vulnerable; improved social distancing; and other enhancements that will better protect people living and working in the facility.

Judge Lipman  stated from the bench that she believed it to be in the community’s interest to stop the spread of COVID and that the measures put in place in the facility are designed to do that. She said the point is to get as many safety features into the jail as possible and keep detainees as safe as possible. She went on to say that containing the spread of coronavirus helps within the community as well as in the facility, and that the effort put in to reach and protect the safety of the detainees is in the public interest and critically important.

The agreement was reached in a lawsuit filed by the American Civil Liberties Union of Tennessee; the American Civil Liberties Union Foundation; Just City; Paul, Weiss, Rifkind, Wharton & Garrison; and Memphis attorneys Brice Timmons and Steve Mulroy on behalf of people incarcerated at the Shelby County Jail.

The lawsuit followed a court order that urged the jail to address numerous public health lapses identified after two expert inspectors — one appointed by the court —  issued reports expressing alarm at the tactics employed at the jail to contain the virus. Among the  conditions the inspectors uncovered at the jail were a failure to test new arrestees, even those clearly displaying COVID-19 symptoms; open airflow between areas of the facility where COVID-positive and quarantined people were detained and areas where others not yet exposed to the virus were detained; a lack of fresh masks; staff members wearing masks below their chins when speaking; and inadequate availability of cleaning supplies, hand sanitizer, and soap.

Among the plaintiffs in the case at high risk of serious illness or death from contracting  contract COVID-19 were several  pretrial detainees — one with progressive multiple sclerosis and heart disease dependent on an immunosuppressant; another with diabetes and hypertension; and another with hypertension and an irregular heartbeat, who previously had a heart attack. 

These plaintiffs had alleged that the jail temporarily made improvements to certain conditions in anticipation of forthcoming  inspections by a court-appointed inspector and knowingly allowed those improvements to lapse shortly after the inspections occurred, putting the lives of those who live and work at the facility at risk.

“This case and agreement shine a light on conditions in the Shelby County Jail and how officials there are responding to the COVID-19 crisis,” said Andrea Woods, staff attorney with the ACLU’s Criminal Law Reform Project. “While the work will continue, we applaud the court’s approval and commitment to ensuring that inspections and other monitoring continue until the pandemic is over.” 

“This agreement could quite literally mean the difference between life and death for our clients and many others who live and work at the Shelby County Jail, and in the wider Memphis community,” said Stella Yarbrough, ACLU of Tennessee staff attorney. “Far too many people are held in conditions that daily threaten their health, safety, and human dignity, especially during this pandemic, and we are relieved that conditions at the jail will now be improved.”

Josh Spickler, executive director of Just City, stated, “In Shelby County, the number of presumed innocent people being held in cages is extraordinarily high. This settlement will bring some much-needed accountability to those responsible for their well-being, but the real work is only beginning — we must break our community’s addiction to pretrial detention.”

University of Memphis law professor and former Shelby County Commissioner Steve Mulroy, one of the plaintiffs’ lawyers, said, “This case sparked jail improvements and continued monitoring which would not have occurred without our filing. It’s helped protect the health of thousands of Shelby Countians, most of whom have not been convicted of any crime.”

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Politics Politics Beat Blog

Citing Improvements at Jail, Judge Declines Release of Inmates

U.S. District Judge Sheryl Lipman on Friday declined to rule in favor of a lawsuit seeking the emergency release from Shelby County Jail of detainees deemed vulnerable to COVID-19, but various supporters of the litigation are still managing to find a silver lining in the ruling. 

Judge Lipman found that, while there were indeed issues “with how the jail is detaining medically vulnerable detainees amid this pandemic,” authorities at the jail had taken steps to remedy some of the health risks and problems.

In a news release, the American Civil Liberties Union of Tennessee, which was one of several plaintiffs, acknowledged some of the improvements:

“ [T]he jail changed some of its practices, including limiting the number of detainees brought to court and how they were being held while awaiting hearings to prevent co-mingling between potentially quarantined and non-quarantined inmates; increasing the availability and use of videoconference access to hearings; providing cleaning supplies for sanitizing individual and common areas; and ensuring all detainees wear masks and imposing social distancing where possible throughout the jail.”

And Judge Lipman noted several matters still in need of correction:

“[G]rave areas of concern persist,” she said..”…[T]he facts found by the Court indicate that detainees do sleep within less than 6 feet of each other, contrary to the CDC guidelines. … detainees do not socially distance during mealtimes. … Also, while detainees are given their medications one-by-one during pill call, they are lined together without social distancing. … Requiring medically-vulnerable detainees to receive their medications by waiting in a crowded line is a cruel ask.”

She concluded, however, that “to the extent these public health failures persist, they … can be easily remedied. … It behooves the jail to work creatively toward improving these conditions.”

Besides the ACLU, other plaintiffs were Just City; Paul, Weiss, Rifkind, Wharton & Garrison LLP; and attorneys Brice Timmons and Steve Mulroy of Memphis.

Mulroy responded to the ruling by saying, in part, “We’re glad the court recognizes that conditions at the jail were severely lacking before we filed suit; that improvements have been made as a result of our suit; and, most importantly, that much more still can and should be done to eliminate unnecessary pandemic risks at the jail.”

Timmons said “Justice and humanity demand that we continue our work to hold the sheriff accountable. He has a duty to protect the community, including those in his custody.”

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Politics Politics Beat Blog

Complainants Threaten New Suit On Behalf of COVID Victims in County Jail

A group of Individuals — including several well-known activists and representatives of such organizations as the American Civil Liberties Union — have served notice on Sheriff Floyd Bonner and Shelby County government at large that they are on the brink of further legal action on behalf of local jail inmates suffering from, or at risk of, COVID-19.

The group has already filed one suit seeking release of such inmates, resulting in a hearing conducted last week by U.S. District Judge Sheryl Lipman, who has not yet ruled on the matter. The new action is in the form of a demand letter — a de facto ultimatum — promising to take further legal action “to assert the detainees’ rights to reasonable health and safety, including adequate medical care.”

The lengthy, detailed letter cites testimony of eyewitnesses, including protesters arrested during the recent demonstrations against police brutality against African Americans, attesting to ”inadequate preventive measures” against COVID-19 at the jail, as well as “unsanitary conditions and a disturbing lack of medical care or attention for those who have tested positive.”

Among the allegations in the letter: “We understand that individuals who tested positive for COVID-19 were kept in isolation pods that each housed up to 70 people, with rows of two-person bunks less than five feet apart. … People kept in these pods had unreliable and inadequate access to such simple necessities as drinking water, and some people have resorted to drinking water out of the toilet.”

COVID-19 positive “detainees had vomit and feces on their clothing, bedding, and towels. Their blankets, towels, and sheets were not replaced during their weeks-long confinement to isolation pods, and their clothing was replaced only once.The utensils and cups detainees used to eat and drink were not cleaned or replaced while they were in isolation pods.”

The letter insists a series of remedial actions the county should take by 2 p.m.,Thursday of this week, in order to avoid further legal action. Aside from seeking such precautions as providing hygienic toilet articles and pursuing systematic disinfectant actions, the complainants ask for such measures as provision of fresh masks, regular testing, guarantees of social distancing and “non-punitive” quarantine facilities to house infected inmates.

The writers note the obvious: that measures taken on behalf of those already infected would also serve the purpose of protecting those not yet diagnosed with COVID-19. They ask for “prompt access to the facility by a public health expert identified by the undersigned for the purpose of evaluating conditions and making recommendations.”
The signatories include: |

Thomas H. Castelliand, Stella Yarbrough, Andrea Woods, Maria V. Morris, Zoe Brennan-Krohn, all representing ACLU jurisdictions here and nationally; Joseph J. Bial, Darren W. Johnson, Meredith L. Borner, and Jonathan M. Silberstein; and Steve Mulroy, Josh Spickler, and Brice Timmons of Memphis.

To see the letter In its entirety, see below:
[pdf-1]

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Former Memphis Police Officer Indicted for Stalking; Shelby Jailers Let Go Over Contraband Charges

Joshua Barnes

Joshua Barnes, a former Memphis Police officer, has been indicted on charges of stalking a former girlfriend and illegally installing a tracking device on her car, according to the Shelby County District Attorney’s Office.

Barnes, who resigned from the Memphis Police Department (MPD) in January, is being held at the Shelby County Jail on a $100,000 bond for previous stalking charges and for violating an order of protection.

Barnes’ former girlfriend told police in January that Barnes had stalked her on several occasions, and she feared for her safety. An automotive shop discovered a tracking device had been installed under her car, so she took the device to the MPD’s Union Extended office. Barnes was then spotted in his truck in an adjacent parking lot.

In other law enforcement crime news, two female deputy jailers have been relieved of duty without pay pending an investigation into the women attempting to smuggle contraband into the Shelby County Jail on separate occasions.

Jailer Brianna Hawthorne reportedly attempted to bring a cell phone battery into the jail, but the battery was caught by a security scanner. When she was told to empty her pockets at the security checkpoint, Hawthorne allegedly tried to conceal the battery in her hand. She’s been indicted on charges of bringing contraband into the penal facility and tampering with evidence.

Jailer Domonique Williams was stopped by security on June 1st as she attempted to enter the jail wearing a Samsung Smart Watch. Williams had allegedly been allowing inmates to send and receive phone calls or text messages with her watch, according to the Shelby County District Attorney’s Office. She’s been indicted on charges of introducing contraband into the jail.

Williams has filed a lawsuit against jail and the Shelby County Sheriff’s Office regarding the indictment. Her attorney Sean Antone Hunt claims the jail had no policy against smart watches. The sheriff’s office has asserted that her watch was attached to a cell phone, but her attorney says a smart watch must be within 10 meters of an active and paired cell phone with Bluetooth to function as a cell phone. He released a statement saying Williams did not have her cell phone with her at the time she was caught wearing the watch.

According to Hunt’s statement, “AFSCME Local 1733, the labor union that represents the deputy jailers, denounces the treatment of these employees stating that they were denied due process in that they were never given a pre-disciplinary hearing. They were suspended without pay and ordered to remain in their homes for over two months. They have yet to be formally advised of the charges against them – and they have not yet been given an opportunity to defend themselves.”

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Four Shelby County Jailers Face 20 Years for Smuggling OxyContin

CREDIT: Louis Goggans

Four Shelby County Corrections Deputies are facing up to 20 years in federal prison for attempting to smuggle OxyContin into the Shelby County Jail at 201 Poplar.

Louis Goggans

U.S. Attorney Edward Stanton discusses federal indictment of four jailers.

The four defendants are Anthony Thomas, 27; Marcus Green, 33; Brian Grammer, 35; and Torriano Vaughn, 28.

All four men were indicted last week.

A press conference was held at the U.S. Attorney’s office Monday regarding the federal indictments. U.S. Attorney for the Western District of Tennessee Edward Stanton, Shelby County Sheriff Bill Oldham, Memphis Police Director Toney Armstrong, and FBI Special Agent in Charge Todd McCall were all in attendance to discuss the jailers’ illicit endeavors.

During the press conference, it was disclosed that an undercover operation was arranged by the FBI’s Tarnished Badge Task Force in July 2014. The effort involved “cooperating” inmates who requested for the defendants to smuggle OxyContin, a narcotic pain reliever, in exchange for cash payments from a third party outside of the jail.

Cooperators would give the defendants the name of an individual, who they would meet up with at various locations throughout Memphis. The individual would provide presumed OxyContin pills (actually placebos) and cash to the defendants. Subsequently, the prescription pills would be smuggled into the county jail and provided to the cooperating inmates.

After transactions were completed, the cooperators would turn the pills over to law enforcement.

When asked if there were potentially more jailers smuggling contraband for inmates, Shelby County Sheriff Oldham said, ‘You always have that possibility.’

“One of the things we’re going to continue to do is be as vigilant as we can, using all of the resources that we have to prevent that from occurring,” Oldham said. “And when it does occur, to make sure that those individuals are prosecuted to the fullest extent of the law.”

U.S. Attorney Stanton said the investigation is another example of the uptick law enforcement has seen with the demand for and addiction of prescription drugs.

“These four individuals, they were sworn to uphold the law and protect contraband from coming in,” Stanton said. “And, as the indictment alleges, they were simply drug dealers looking to make extra cash by bringing drugs into 201 Poplar — the same place they took an oath to protect contraband from coming in.”

If convicted, all four defendants face up to 20 years in federal prison without the possibility of parole. 

The case was investigated by the Tarnished Badge Task Force, which is comprised of investigators from the Shelby County Sheriff’s Office, Memphis Police Department and Federal Bureau of Investigation.

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News The Fly-By

Jail Fight

Union leaders fear what they call “staff shortages” at the Shelby County Jail are putting employees at physical risk, while administrators say the jail is safe but does face “major attendance problems.”

Violence in the jail grabbed headlines in December when two inmates attacked Deputy Jailer Stanley Jones, breaking his nose and cracking his ribs. It was the second attack on the jailer in 30 days. Another jailer was hit with a plastic chair recently, and yet another was struck by an inmate. One inmate collected his urine and feces and threw it on a jailer.

A Saturday prayer vigil close to the jail at 201 Poplar took the issue to the streets for the American Federation of State, County, and Municipal Employees (AFSCME) Local 1733. AFSCME leaders said they want something done about what they say is an erosion of control inside the jail that was brought about by fewer guards doing more work.

“We’re from the South, and we pray about everything. And this issue shouldn’t be any different,” said AFSCME President Janice Chalmers. “One reason we took the option of a prayer vigil is that we want something done and want to send a message, but we want it done harmoniously.”

Shelby County Jail Director Robert Moore said he has and will continue to work with AFSCME on this and many other labor issues. But he wants the union to work with him by encouraging its members to show up for work. Employee numbers slump at the jail because about 30 people take off work on an average day.

“But when [AFSCME says] the jail is unsafe, I differ there wholeheartedly,” Moore said. “We have a report card on violence in the jail every month, and we’ve had no more violence in the past few months than we’ve had in any other months.”

But AFSCME leaders said the staff shortage problem is bigger than attendance figures. They say the number of guards has been eroded by promotions and resignations. But they’ve also been cut by administrative policy to get paid for sick days, which now require a doctor’s note and make it tough to only miss one day of work. Also, strict disciplinary measures for staff can leave a jailer out of work for up to 30 days.

Neither side of the argument blames public financing for any employee shortages though. The jail budget wasn’t cut this year and neither were the numbers of employees, about 1,200 people.

The jail operated under strict consent orders from the U.S. Department of Justice (DOJ) until recently. The orders were issued in 1997 and 1999 and aimed to fix a long history of “mismanagement” at the jail, according to the documents. Problems ranged from security, food service, medical treatment, and more.

AFSCME leaders said jail security has started to erode since the order was lifted a few years ago and that the inmates are catching on to it. Moore, however, said “we live by the consent order and the DOJ” every day.

Chalmers said she hopes Saturday’s vigil prompts a new discussion with the jail administration.

“The bottom line is, we’re just concerned for the safety of the employees and the inmates [Moore] is commissioned to protect,” Chalmers said.

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News The Fly-By

Don’t Free Willy

Tennessee inmates have a new reason not to be caught with their pants down.

As of July 1st, the state’s indecent exposure law includes prisoners in correctional centers who are caught exposing themselves to staff or other inmates.

If a person is convicted of indecent exposure three times, he or she must register as a sex offender. The offender’s picture, address, and personal information are then posted to the state’s online registry.

“Before, when inmates would expose themselves to staff, we would report it to the district attorney’s office,” says Steve Shular, spokesperson for the Shelby County Sheriff’s Office. “But the majority of the time, they weren’t able to do anything about it. … People in jail were not considered to be in a public place.”

To be considered indecent, exposure must happen in a public place with others present to witness the act.

So far this year, 254 incidents of indecent exposure have been reported at the Shelby County Jail. Since the new rules have been posted, Shular says indecent exposure has declined.

Generally, inmates expose themselves to guards. “In the shower area, they’re in the general observation of the corrections deputies, and they’ll stand there and purposely expose themselves,” Shular says.

Other times, inmates will shout for a guard’s attention and then begin fondling themselves as the guard turns around.

“Sometimes corrections deputies will go check on the status of an inmate and when they arrive at the cell, the inmate will flash them,” Shular explains.

Shular says most inmates expose themselves as a way to gain power over the guards. “A sense of power is given to inmates if they feel like they can get away with something that might either offend the corrections deputies or hurt them in some way,” Shular says. “It’s a way of getting even with the staff.”

Before July 1st, offenders were punished with jail sanctions, such as administrative segregation, or would lose privileges. Those sanctions are still in place, along with the possibility of being identified as a sex offender.

Brent Horst, a Nashville attorney who represents sex offenders throughout the state, calls the new rules “overkill.”

“This is an easy issue for legislators to get up on their soapbox and beat their chests because the public doesn’t care,” Horst says. “While most folks who get hit with sex offender charges deserve it, there’s a lot of people who get painted with a broad brush.”