JACKSON, Miss. (AP) - Three days of testimony on conditions at Walnut Grove Correctional Facility concluded Friday, leaving a federal judge with a deadline to order more reforms or see a previous settlement lapse.
U.S. District Judge Carlton Reeves set more testimony for April 23 and 24, and is likely to rule sometime after May 4.
Mississippi officials argue that conditions have improved at the privately-run prison and that inmates’ constitutional rights are no longer being violated. Plaintiffs, though, say that just because Walnut Grove has seen one or two good months doesn’t mean inmates are free from threats of violence.
Reeves signed a consent decree in 2012 pulling juveniles out of the Leake County prison and ordering changes for adult prisoners.
The consent decree was supposed to last five years or more, unless Mississippi showed it had continuously maintained compliance for two years. But the federal Prison Litigation Reform Act allows governments to seek an end to such court orders after two years. The state made such a filing March 13, arguing that though the prison has never fully complied with the consent decree, it’s in compliance with the Constitution.
The court order will expire April 12, unless Reeves acts. He can extend the decree 60 more days for “good cause,” but for it to last beyond that, he must rule that evidence shows the decree is still needed.
The filing also shifts the burden back to the plaintiffs - represented by the American Civil Liberties Union and the Southern Poverty Law Center - to prove that constitutional rights are being violated.
Inmate Jeremy Evans testified Friday that gang members continue to beat each other up on a daily basis, and that a health care worker sexually assaulted him in February while he was working in the infirmary at Walnut Grove, pulling down his pants and touching his genitals. He said he didn’t fight back because the worker could have gotten him into trouble.
The state has touted improvements, citing its own expert and a March 6 report by court-appointed monitors. That report said the prison, run by Utah-based Management & Training Corp., “has made significant gains” in core areas.
Gary Friedman, a lawyer representing MTC and the state, argued Reeves should only consider evidence relating to current conditions, not what happened in the past. He said that with removal of high-risk prisoners and the downsizing of the prison to fewer than 1,000 inmates, conditions that existed during riots in July 2014 and December 2013 are no longer relevant.
Steve Martin, a court appointed monitor, testified that at the time of the March 6 report, Walnut Grove appeared to comply with constitutional protections. Under questioning from plaintiffs, though, he said the prison has backslid from improvements before and shouldn’t be considered to have solved its problems for “appreciable time.” Martin said he was troubled by assaults at the prison last month that required trips to hospitals for some inmates.
___
Follow Jeff Amy at: https://twitter.com/jeffamy
Please read our comment policy before commenting.