US prisons

Subterms

    More stories

    • 163 Shares179 Views

      in US Politics

      Who are the death row executioners? Disgraced doctors, suspended nurses and drunk drivers

      by

      Being an executioner is not the sort of job that gets posted in a local wanted ad. Kids don’t dream about being an executioner when they grow up, and people don’t go to school for it. So how does one become a death row executioner in the US, and who are the people doing it?This was the question I couldn’t help but ask when I began a book project on lethal injection back in 2018. I’m a death penalty researcher, and I was trying to figure out why states are so breathtakingly bad at a procedure that we use on cats and dogs every day. Part of the riddle was who is performing these executions.Seven years later – and with the Trump administration promising more executions to come – I have an answer, sort of.We do not, and for the most part cannot, know precisely who is under the executioner’s hood. State secrecy statutes put the equivalent of a Harry Potter cloak of invisibility over these state-sanctioned killers. But litigation files and investigative journalism have revealed a number of executioners’ identities, allowing us to peek behind the veil of secrecy for a glimpse of who these people are.Consider Missouri’s chief executioner from 1995-2006, Dr Alan Doerhoff, who was responsible for 54 of Missouri’s 65 executions between 1976 and 2006. He didn’t push the syringes – shockingly, non-medical prison guards did that – but he did most everything else. “Nobody will ever do as many [executions] as I have,” he would later boast.Doerhoff’s identity was revealed when a lawyer for a condemned prisoner checked the prison’s chemical dispensary logs and discovered that 2.5 grams of sodium thiopental (the drug used to anesthetize the prisoner) had been used in previous executions. The state’s protocol called for 5 grams, double that amount. The prisoner sued.State officials first told the court that the chemical dispensary logs were wrong. But the next day, they wrote again to “apologize to the court and the parties for providing incorrect information”. The logs were correct. The amount of sodium thiopental being injected was wrong.Troubled by the finding, the court allowed the prisoner’s lawyers to conduct a limited deposition of the state’s chief executioner. The executioner stated under oath that he had problems mixing the drugs, “so right now we’re still improvising”. He also said that he “sometimes transpose[d] numbers”.View image in fullscreen“I am dyslexic,” he explained. “So, it’s not unusual for me to make mistakes.” (Doerhoff later stated that he was not dyslexic, he just sometimes mixed up numbers.)Missouri doubled down on its executioner, telling the court that it was confident in his competence and planned to continue to use him in future executions. But the court rejected the state’s assurances, writing that it was “gravely concerned that a physician who is solely responsible for correctly mixing the drugs which will be responsible for humanely ending the life of condemned inmates has a condition which causes him confusion with regard to numbers”.The state appealed, but soon thereafter, investigative journalism discovered Doerhoff’s identity. Jeremy Kohler with the St Louis Post-Dispatch broke the story in January 2008, and with it came another shocking revelation: Doerhoff had been sued for medical malpractice more than 20 times, and his hospital privileges had been revoked at two hospitals. Doerhoff had also been publicly reprimanded by the state medical board for hiding his malpractice suits from the hospitals where he practiced.All of this was known to the Missouri attorney general’s office when it assured the court of Doerhoff’s professional competence. After oral arguments, the state dropped its appeal of the ruling.The following year, Missouri’s legislature passed a law stating: “A person may not knowingly disclose the identity of a current or former member of an execution team,” authorizing punitive damages for violations.“Their answer to the public finding out they had an incompetent doctor was making it impossible to find out who the doctor is,” an ACLU spokesperson stated.No longer able to serve as Missouri’s executioner, Doerhoff joined the staff of a local hair-removal business and served as an executioner for the federal government and at least one other state – Arizona.Arizona knew about the trial court’s ruling in Missouri, and the facts behind it. But it hired Doerhoff anyway, and he conducted an execution for the state in 2007, just months after being barred from conducting executions in Missouri.When attorneys found out about Doerhoff’s involvement, the prisoners next in line for execution in Arizona sued.Arizona settled that suit in 2009, agreeing to a number of changes in its lethal injection protocol, including formal background and license checks of its executioners. But during the litigation, attorneys for the prisoners discovered that Doerhoff wasn’t the only executioner who had no business conducting executions.One of Arizona’s three IV team executioners was medical team member #3, who was once a nurse but had his nursing license suspended. At the time of the litigation, his occupation was running an appliance business in another state. The identity of medical team member #3 is unknown, but the court noted that he had been arrested multiple times, “including three times in 10 days in Arizona for a DUI in 2007”.Arizona pledged that with its new screening system in place, the court could be confident that the state would use only licensed medical personnel going forward.But in 2011, Arizona was hauled back into federal court because it had not made good on its promise. The prison director admitted to conducting five executions with full knowledge that medical team member #4 did not hold a medical license of any kind. Nor did officials conduct the required criminal history check on him. If they had, they would have learned that medical team member #4 had been charged with DUI in 2008, public intoxication in 2000, and writing a bad check before that.Medical team member #4 was a prison guard who had previously served as a medical corpsman in the military. He later stated that his only screening was a phone call from the warden “asking whether he knew how to start an IV and whether he would have a problem doing it for an execution”. He was not asked any other questions, and at the time, he had not placed an IV for 15 years. On paper, Arizona was dutifully screening its execution team members. But in reality, the state was doing nothing of the sort.View image in fullscreenMissouri and Arizona are not the only states where discoveries about executioners have raised serious questions about the care and competence with which executioners are chosen. In 2006, a federal court struck down California’s lethal injection protocol based in part on the “inconsistent and unreliable screening of execution team members”.The execution team member responsible for the custody of lethal injection drugs had been disciplined for smuggling drugs into San Quentin before joining the execution team; two team members had been arrested for drunk driving; one suffered from depression and PTSD; and one had been out on a two-month medical leave from getting into a fight with a prisoner.The court in California also noted the “extremely troubling” disappearance of sodium thiopental that was ostensibly taken from the prison pharmacy for training purposes but never used and never returned. “These circumstances may warrant investigation by an appropriate law-enforcement agency,” the court wrote. In California, the state’s executioners were also the chief suspects in a potential criminal investigation.The federal government has proven no better than states on this score. Not only did the federal government hire Doerhoff after he was banned from serving as Missouri’s executioner, but it also hired a nurse for the Timothy McVeigh execution who had been charged with felony aggravated stalking and first-degree tampering with property, ultimately pleading no contest to the misdemeanor version of both charges. The nurse had allegedly smashed the windshield and headlights of a man who was seeing his estranged wife, ran over his mailbox, smashed windows of his home, and left voice messages threatening to burn his house down and blow his “[expletive] head off”!Federal officials knew of the convictions when it hired him – the nurse was on active probation and had to get permission from his probation officer to leave the state.“It seems bizarre to me that we would knowingly allow an offender, on active supervision, to participate in the execution process at any level,” a probation supervisor had written while the department was considering the request. But the permission was granted.In an internal memo, the administrator who confirmed the request for travel wrote: “It would be extremely problematic for [the nurse] and this department if the media got wind of this.”And how did this nurse-executioner get on the federal government’s radar? He was recommended by the Missouri department of corrections. A nurse with his own serious criminal convictions was secretly conducting executions on behalf of the show-me state.Lethal injection litigation has likewise revealed patently unfit executioners in other states as well. In Maryland, litigation revealed that one member of the state’s execution team had been fired by a local police department and charged with poisoning several neighborhood dogs, while another execution team member had been suspended for spitting in prisoners’ food.In Tennessee, litigation revealed that a member of the execution team had pleaded guilty, twice, to possession of a controlled substance, and missed an execution because he was at an in-patient treatment program. That was in 2007. In 2021, Tennessee’s physician-executioner stated that he surrendered his surgery accreditation because of “too many malpractice suits” – at least 10 by his estimation.These are just the executioners we know. But they are a chilling indication of the executioners we don’t know. As the former head of Oklahoma’s corrections department told a legislative committee in 2023, the prison staff charged with carrying out executions are “some of the lowest-paid state employees in government”.In executions, as elsewhere, you get what you pay for. Even when a doctor is nominally involved in the execution process, the people injecting the drugs are typically low-level prison employees.Most executioners say they just fell into the job. The opportunity came to them, and they had their reasons for saying yes. For prison guards, it may be a necessary step to moving up the prison ranks. Doctors likewise tend to say they simply slipped into the role. They had agreed to be an observer, but then the medical team needed help. Who were they to watch executioners prick a prisoner a dozen times in a desperate attempt to pierce the vein when they could do it more quickly?One reason doctors aren’t giving, but merits mention anyway, is money. A doctor willing to participate in an execution is a precious commodity, and states will pay dearly for it – up to $20,000 in cash per execution in some places. No doctor yet has said they’re participating in executions for the money. But the fact that they can make a killing from state killing has to be worth something.

      Corinna Lain is the author of Secrets of the Killing State: The Untold Story of Lethal Injection, out on 22 April More

    • 138 Shares189 Views

      in US Politics

      The Trump administration trapped a wrongly deported man in a catch-22

      by

      It is difficult to find a term more fitting for the fate of the Maryland father Kilmar Abrego García than Kafkaesque.Abrego García is one of hundreds of foreign-born men deported under the Trump administration to the Cecot mega-prison in El Salvador as part of a macabre partnership with the self-declared “world’s coolest dictator”, Nayib Bukele.The US government has admitted it deported Abrego García by mistake. But instead of “facilitating” his return as ordered by the supreme court, the administration has trapped Abrego García in a catch-22 by offshoring his fate to a jurisdiction beyond the reach of legality – or, it would seem, basic logic or common decency.The paradox is this: the Trump administration says it cannot facilitate the return of Abrego García because he is in a prison in El Salvador. El Salvador says it cannot return him because that would be tantamount to “smuggling” him into the US.The absurdity of the position played out on Monday during an Oval Office meeting between Donald Trump and Bukele where the two men appeared to enjoy mocking the powerlessness of the US courts to intervene in the fate of anyone caught in the maws of the Trump administration’s deportation machine.“How can I smuggle a terrorist into the United States? I’m not going to do it,” Bukele said when asked about whether he would help to return Abrego García.There is no evidence that Abrego García is a terrorist or a member of the gang MS-13 as the Trump administration has claimed. But that is not really important here.“I don’t have the power to return him to the United States,” Bukele said during a meeting with the US president on Monday. “They’d love to have a criminal released into our country,” Trump added.Trump’s lieutenants also jumped in on Monday, arguing that they could not intervene in the case because Bukele is a foreign citizen and outside of their control.skip past newsletter promotionafter newsletter promotion“He is a citizen of El Salvador,” said Stephen Miller, a top Trump aide who regularly advises the president on immigration issues. “It’s very arrogant even for American media to suggest that we would even tell El Salvador how to handle their own citizens.”A district court injunction to halt the deportation was in effect, he added, an order to “kidnap a citizen of El Salvador and fly him back here”.Marco Rubio, the secretary of state, repeated one of the Trump administration’s mantras: that US courts cannot determine Trump’s foreign policy. Increasingly, the administration is including questions of immigration in that foreign policy in order to defy the courts.Monday’s presentation was in effect a pantomime. Both sides could quickly intervene if they wanted to. But this was a means to an end. Miller said this case would not end with Abrego García living in the US.More broadly, it indicates the Trump administration’s modus operandi: to move quickly before the courts can react to its transgressions and, when they do, to deflect and defy until the damage done cannot be reversed. More

    • 238 Shares149 Views

      in US Politics

      ‘I escaped one gulag only to end up in another’: Russian asylum seekers face Ice detention in the US

      by

      For most of the four years of Joe Biden was in office, citizens of Russia and other post-Soviet states seeking asylum in the US were generally released into the country while they awaited hearings on their claim in immigration court.But since last summer, many have been detained upon entering the US, and some of them have been held for more than a year, lawyers, activists and detainees say. Some children have been separated from their parents.“My Russian clients tell me, ‘Now our prison is 80% Russian, the remaining 20% are from rotating nationalities who stay for a while,’” said immigration attorney Julia Nikolaev, who has been advocating for detainees’ rights alongside representatives of the Russian opposition. “Only Russians and a few other post-Soviet nationals remain in detention until their final hearings.”Alexei Demin, a 62-year-old former naval officer from Moscow, was detained in July of last year.In the last 20 years, Demin rarely missed an anti-Vladimir Putin protest in the Russian capital. He had become concerned almost immediately after Putin, a former KGB agent, rose to power, he said. For years, he criticized Putin’s regime on Facebook, and he was detained twice at protests. Still, he never imagined that he would end up fleeing his homeland for fear that Putin’s regime would imprison him. Or that he would end up imprisoned in the US.When Russia launched its invasion of Ukraine in 2022, a colleague asked Demin why he wasn’t enlisting to fight. He replied: “If I go, it will be on Ukraine’s side.” Soon, as the crackdown on dissent in Russia intensified amid the war, Demin and his wife, like many others who had long openly opposed Putin, fled to the US to seek political asylum. For years, Russians have been among the top five nationalities granted asylum.The couple arrived in the US in the summer of 2024, after securing an appointment through CBP One, the app launched by the Biden administration (and since then shut down by Donald Trump) allowing asylum applicants to schedule to meet with immigration officials. At their appointment, Demin and his wife were detained, separated and sent to detention centers in different states. They haven’t seen each other since.His predicament, Demin said, was “a trap and a blatant injustice”.“This is how the US treats people who protest against Russia’s policies,” he said in a call from a detention center in Virginia in January.US Immigration and Customs Enforcement (Ice) does not release public data on the number of people from post-Soviet countries it holds in detention. But Nikolaev said that law enforcement officials have privately acknowledged to her that asylum seekers from those countries are being held longer.Other activists say they have seen similar patterns. The non-profit Russian America for Democracy in Russia (RADR) has played an active role in assisting detainees in immigration detention centers, finding lawyers and working with the government officials.Dmitry Valuev, president of RADR, said it was an issue that affected not only Russians, but also citizens of several other post-Soviet countries.There have been reports that some immigrants arriving from post-Soviet states are facing increased scrutiny over fears they are connected to Islamist terrorist organizations. It’s unclear what prompted US authorities to keep the Russian asylum seekers in detention. One theory is that immigration officials are targeting Russians and other post-Soviet nationals as spies.Eric Rubin, former US ambassador to Bulgaria who also served as a deputy chief of mission at the US embassy in Moscow, said that the complicated history of US-Russia diplomacy can hurt Russian asylum applicants.“When you meet Russians in the United States, obviously you need to wonder whether some of them are actually working for Russian intelligence. Some of them are, most of them are not,” said Rubin.Nikolaev isn’t so sure. “Russian spies can enter the country with European passports, visas and all the right documents,” she said.Nikolaev in January took her concerns to US government officials, alongside Ilya Yashin, a leading Russian opposition figure. They met with officials at the national security council, who requested a list of separated families, Nikolaev said.The Department of Homeland Security, Ice and the national security council did not respond to repeated questions about detention policies or the specific cases outlined in this article.In a statement, the White House said that the duration of cases varies based on legal proceedings and any protections sought. The White House also said there had been “zero instances of children from any of the countries you mentioned being separated from their families by US immigration authorities in this entire fiscal year”.View image in fullscreenBut Galina Kaplunova, 26, an illustrator and anti-Putin activist, was detained and separated from her child and mother at the US border last August.In the summer of 2024, Kaplunova’s husband, a Kremlin supporter, had threatened to take her child away and report her to the police for her political activism, Kaplunova said. A native of St Petersburg, she had been detained multiple times at protests and had volunteered in opposition leaders’ campaign offices. Two days after her husband made the threat, Kaplunova, her four-year-old son and her mother fled to the US.At the US border with Mexico, Ice agents separated Kaplunova from her son, she said. He was placed in foster care, while she and her mother were sent to different detention centers in separate states.After being separated, her son was placed with a Mexican American family, she said. He didn’t speak English, so communicated with them through Google Translate.“I fled Russia so they wouldn’t take my child or jail me. But the US did,” she said.About two months after being detained and separated, Kaplunova was released and reunited with her son, she said. It was a miracle, she said.Now Kaplunova and her son now live in California. Her mother is still detained. Her son is afraid of being abandoned. Whenever she tries to discuss his time in foster care, he simply says he doesn’t remember it.“It’s as if he erased that part of his life so he wouldn’t have to remember it,” she said.He learned some English in foster care, but refuses to speak it with his mother.“Maybe he associates English with something bad, something negative,” she said.Valuev, the president of RADR, said that long periods of detention can hurt applicants’ asylum cases. Hiring a lawyer from within a detention center is nearly impossible due to the lack of internet access, he said. “Detainees are given a list of contacts, but most of these numbers don’t answer the phone,” he said.Additionally, many detainees have no access to materials for their asylum cases because their documents were stored on computers and phones that were confiscated.Vladislav Krasnov, a protest organizer and activist from Moscow, said he spent 444 days in a Louisiana detention center. Krasnov fled Russia in 2022 after Putin announced a draft. He crossed the border with the CBP One appointment and was swiftly detained. Now free, he is still waiting for a court hearing to review his asylum case.Reflecting on his experience, he said he was shocked by the welcome he got in the United States. “I escaped one gulag only to end up in another,” Krasnov said.He was also angry at Russian opposition leaders for not paying attention to his plight until recently.“Last summer, I watched Yulia Navalnaya hugging Biden in the Oval Office. Then she talked on the phone with [Kamala] Harris, and Harris declared that America supports people fighting for Russia’s freedom. To put it mildly, I had a complete breakdown at that moment, sitting in detention,” Krasnov said.About 300 detainees from Russia and other post-Soviet countries filed a lawsuit last November, calling their detention discriminatory, and demanding freedom for people they argue were held without a justification. A federal judge ruled in February that the court lacked the jurisdiction to review the detention policy and dismissed the case.View image in fullscreenAmong those mentioned in the lawsuit was Polina Guseva, a political activist and volunteer on the team of the late Russian dissident Alexei Navalny. Guseva arrived in the US in July 2024, applied for asylum and was sent to a detention center. She said Ice officers at the Louisiana detention facility where she’s being held “openly say that Russians are not being released”.Still, she does not regret coming to the US, she said, adding safety concerns in Russia left her with no other choice.“Two thoughts help me a lot. First, better to be here than to be raped with a dumbbell in a Russian prison,” Guseva said. “And second, my friend Daniil Kholodny is still in prison in Russia. He was the technical director of the Navalny Live YouTube channel. He was tried alongside Alexei Navalny in his last trial and sentenced to eight years. He has been imprisoned for more than two years now. If he can hold on, why shouldn’t I?”Alexei Demin, the former naval officer and longtime protester, was supposed to have his first asylum court hearing reviewing his asylum case in early February, but the hearing was rescheduled to mid-April because of the judge’s sickness. By that time, he will have been in detention for more than 300 days. More

    • 125 Shares189 Views

      in US Politics

      Trump fires two DoJ senior career officials including pardon attorney

      by

      Donald Trump’s administration on Friday fired at least two senior career officials at the US justice department, including the head of the office that handles presidential pardon requests, according to a social media post and sources familiar with the matter.Liz Oyer served as pardon attorney since 2022, a career justice department position. Oyer was fired “effective immediately,” according to a memo she shared on LinkedIn, which cited Trump’s executive authority under the US constitution.Oyer, who was appointed by Biden in 2022, posted on LinkedIn: “I’m sad to share that I was fired today from the job I have poured my heart and soul into for the last three years. I am so proud of the team we built in the Office of the Pardon Attorney, who will carry on our important work. I’m very grateful for the many extraordinary people I’ve had the opportunity to connect with on this journey. Thank you for your partnership, your support, and your belief in second chances.”Oyer’s former office reviews requests for clemency from people convicted of federal offenses and makes recommendations to the White House on whom the president should pardon.Oyer’s termination comes two weeks after Trump appointed Alice Marie Johnson as “pardon czar”, a role in which she will recommend people for presidential commutations.Bobak Talebian, the head of the justice department’s Office of Information Policy, which handles public records requests under the US Freedom of Information Act, was also fired, according to a source familiar with the matter.The moves mark the latest instance of the Trump administration removing or sidelining career justice department officials, who typically keep their positions across presidential administrations.A justice department spokesperson did not immediately respond to a request for comment on the moves.Trump-appointed officials previously reassigned several veteran national security and criminal prosecutors to a newly created immigration office. The top career ethics official left the justice department after facing a similar reassignment.About eight senior career FBI officials also were forced out before the confirmation of Trump-nominated FBI director Kash Patel by the Senate.Justice department leaders have generally not given reasons for the dismissals, but have broadly emphasized that career officials must be trusted to enforce Trump’s agenda.skip past newsletter promotionafter newsletter promotionA union said on Friday the US Department of Labor reinstated about 120 employees who had been facing termination as part of the Trump administration’s mass firings of recently hired workers.The American Federation of Government Employees, the largest federal employee union, told Reuters that the probationary employees had been reinstated immediately and that the department was issuing letters telling them to report back to duty on Monday.Coral Murphy Marcos contributed to this report More

    • 138 Shares159 Views

      in US Politics

      Trans women transferred to men’s prisons despite rulings against Trump’s order

      by

      Transgender women incarcerated in the US prison system have been transferred to men’s facilities under Donald Trump’s executive order, despite multiple court rulings blocking the president’s policy, according to civil rights lawyers and accounts from behind bars.Trump’s day-one “gender ideology” order, one of several sweeping attacks on trans rights, said the attorney general “shall ensure that males are not detained in women’s prisons or housed in women’s detention centers” and that no federal funds go to gender-affirming treatment or procedures for people in custody.The executive order was quickly challenged in court. In three lawsuits filed on behalf of trans women housed in women’s prisons, federal judges have ruled that the US Bureau of Prisons (BOP) cannot withhold their medical treatment and was barred from moving them to men’s facilities. One judge said the plaintiffs had “straightforwardly demonstrated that irreparable harm will follow”.Lawyers fighting Trump’s directive say the court rulings prevented the transfers of 17 trans women who are plaintiffs in the cases, but others not included in the litigation are now facing placements in men’s facilities.“I’m just continuing to be punished for existing,” said Whitney, a 31-year-old trans woman who was transferred from a women’s facility to a men’s prison this week. The BOP changed her records from “female” to “male”, records show. In messages before her transfer, she said she felt like a “pawn in others’ political games”. The Guardian is not using her full name due to concerns about retaliation.Kara Janssen, an attorney representing trans women in litigation, said she learned of another trans woman not included in the lawsuits who was recently transferred to a facility that houses men, and also had the gender marker in her records changed. Janssen also learned of a trans woman newly entering the BOP system who had gender-affirming surgeries before her incarceration, but was placed in a men’s facility.Prisons are required under the Prison Rape Elimination Act (Prea), a longstanding federal law, to screen incarcerated people for sexual assault risk and consider LGBTQ+ status when making housing decisions. Legal experts say Trump’s blanket policy of housing trans women in men’s facilities clearly violates Prea.“This is incredibly unnecessary and cruel,” said Janssen. “Our clients are desperate and scared.”The BOP did not respond to requests for comment.Trans people have long faced high levels of sexual violence and discrimination behind bars, and the implementation of Trump’s order has unleashed chaos, panic and significant violations of their rights beyond the threats of housing transfers, attorneys said.Internal BOP memos seen by the Guardian show that officials are now requiring staff to refer to trans residents by their legal names and incorrect pronouns, as well as deny requests for gender-appropriate clothing accommodations. The BOP has also rescinded policies that allowed trans women to have their pat-down searches conducted by female guards.Susan Beaty, a senior attorney for the California Collaborative for Immigrant Justice, who represents roughly 20 trans people in federal prisons, said they have received reports that some trans people were forced under threat of discipline to hand over their underwear, including bras and boxers, as if they were contraband. They said they’ve also heard accounts of male guards searching trans women in encounters several of the women described as “groping”. Some staff have been emboldened to harass and taunt trans people, Beaty said.“It is already so difficult to be a trans person in prison in this country, and now this administration’s measures are intentionally terrorizing and traumatizing incarcerated trans people even further,” Beaty said.“It is essentially sanctioning sexual assault in some instances,” added Janssen, of the male pat-downs of trans women. Some trans people had told her they were suffering suicidal thoughts and daily nightmares.Whitney, who was recently transferred, said in interviews prior to her move that staff for weeks gave her conflicting information. In mid-February, she and another trans woman were placed into a form of isolation called a “special housing unit” and told they could be there for months, she said. The other woman attempted suicide out of fear of being transferred, she said.Days later, the women were moved back to the general population. Whitney’s doctor, however, then told her that her hormone therapy medications would start to be tapered down. Whitney said going off those medications would wreak havoc on her body and mind, describing it “like a slow death”. The doctor also said staff would start using male pronouns for her, though she said that had not happened yet. She said she was also told she would be allowed to keep women’s underwear she already owns, but would not be issued new garments.Last week, medical staff told Whitney her medications would not be changed after all, she said, but then days later, she was told to pack because she was being transferred to a men’s facility.skip past newsletter promotionafter newsletter promotion“I’m nervous. Worried. Apprehensive. Anxious. Scared. You name it,” Whitney said before her transfer. “One moment I am feeling relief, and the next I am growing gray hairs. That’s probably one of the most stressful things about all this. Are you safe or are you not?”The litigation is ongoing and is most immediately focused on maintaining trans people’s housing and medical care, attorneys said. But Janssen said lawyers would also be fighting for trans women who have long been housed in male facilities and were in the pipeline to be transferred, and advocating against the rollback of basic accommodations across the system. “It’s cruel and unusual punishment because you’re punishing this group for no reason other than you don’t think they should exist.”One judge criticized the US government for failing to address plaintiffs’ concerns that their gender dysphoria would be exacerbated in men’s prisons “whether because they will be subject to searches by male correctional officers, made to shower in the company of men, referred to as men, forced to dress as men, or simply because the mere homogenous presence of men will cause uncomfortable dissonance”.Alix McLearen, who was the acting director of the National Institute of Corrections (NIC) in 2022 before she retired in 2024, said Trump’s order endangers trans people and staff. The NIC is part of the BOP and does training and policy development for corrections officials. McLearen led the drafting and implementation of the “transgender offender manual” when she oversaw women and special populations at BOP. That manual has recently been rescinded.“If you yank this away, no one knows what to do,” McLearen said. “If you are going to change a policy, you [should] do it slowly and thoughtfully.”Confusion in a prison setting increases stress levels and the potential for conflict among staff and incarcerated people, McLearen said.Trump’s order also increases the already high risk of sexual and physical assault of trans people in prison, said Julie Abbate, the national advocacy director of Just Detention International, a human rights group focused on sexual abuse in prisons and jails.Putting a target on trans people in prison only increases their risk of assault, which in turn also puts staff in the dangerous position of intervening in violent situations, said Abbate, who spent 15 years at the civil rights division of the US justice department and helped draft national Prea standards.Trump’s policy has no benefit, McLearen said. The order purports to “defend women” in prisons, but McLearen said it addresses a problem that does not exist.“This is fake – this whole executive order is false on its face,” McLearen said. “It’s scapegoating. Trans people are easy to scapegoat.” More

    • 150 Shares109 Views

      in US Politics

      How Texas’s bankruptcy courts are used to shield a prison healthcare provider

      by

      When late last year the largest provider of healthcare to inmates in jails and prisons in the US found itself facing an avalanche of medical malpractice lawsuits, its path forward was seemingly obvious.By filing for Chapter 11 bankruptcy in Texas’s increasingly popular bankruptcy courts, Wellpath Holdings could restructure itself, in the process staying the 1,500 lawsuits it had been facing and limiting its exposure to more than $100m in potential liabilities.Last month, a bankruptcy judge for the southern district of Texas in Houston extended those stays to give Wellpath additional time to propose how it might exit bankruptcy and continue operating.But critics say that the move is a cynical attempt to avoid paying out to the families of people devastated by the company’s actions in a state increasingly seen as a safe haven for big corporations looking to avoid paying out to people and families their actions have harmed.Among the cases stayed for Wellpath was one brought by Teesha Graham of Albuquerque. Her father Frankie died in 2022 after spending almost a week slumped in his San Juan county jail cell, covered in vomit and excrement as medical staff and prison guards refused his requests for help, an inmate in the jail told the Guardian.Also stayed was a claim brought by Nicole Poppell of Colorado Springs. Her daughter Savannah died aged 24 just three days after she was booked into El Paso county jail in Colorado. Incessant vomiting caused by opiate withdrawal tore her esophagus and she bled to death in her cell.“Now they’re filing bankruptcy the chances are I could get next to nothing but really I don’t even give a shit about the money,” said Nicole. “I just want to be heard.”Poppell and Graham are just two grieving family members wanting the bankruptcy court to consider their claims against Wellpath but as “unsecured creditors”, they are at the bottom of the hierarchy when it comes to who gets paid from the limited funds that remain.Last week they enjoyed a small victory as Wellpath dropped its request that the court approve some $5m in bonuses for 12 of its executives. “I’ll never understand it,” said Graham.Attorneys representing claimants against Wellpath say its bankruptcy was a long time coming, and part of a cynical strategy that would see it minimize costs with reduced staff and improper insurance coverage. Malpractice lawsuits would inevitably accumulate but using the Texas courts it could largely shed itself of those liabilities and exit from it all relatively unscathed.“These companies keep their costs as low as possible and then rely on the bankruptcy courts in Houston to bail them out once they hit a critical mass of lawsuits,” said Adam Flores, a New Mexico attorney representing Graham.Wellpath is a for-profit business headquartered in Nashville, Tennessee, and owned by the private equity firm HIG Capital. It operates in jails and prisons across almost 40 states and is responsible for the care of hundreds of thousands of inmates.Although bankruptcy is governed by federal code, jurisdictions will enforce it with varying lenience, and typically if a company has enough assets in a given state they can make use of its courts.In recent years, the southern district of Texas has become a go-to bankruptcy venue, displacing the southern district of New York as the second most popular in the country behind Delaware.“The southern district of Texas really blew up four or five years ago,” said RJ Shannon, a bankruptcy attorney in Houston who is representing almost 100 claimants in the Wellpath case. “It’s a debtor-friendly court, so it’s where all the big cases will be filed.”Last year, the southern district of Texas saw 31 filings for bankruptcy by companies with assets greater than $100m, whereas the southern district of New York saw just 11, according to figures from Bankruptcy Data.Wellpath’s filing in November made it the second prison contractor to have used the court’s Houston division in just two years after the prison healthcare firm Corizon filed for Chapter 11 in early 2023. The maneuver it attempted has been referred to as “the Texas Two-Step” and sees a company split itself into two, placing valuable assets in one and its liabilities in the other.Although Wellpath is pursuing a simpler and more traditional Chapter 11 restructuring, its critics say the move is intended to have precisely the same effect.“I think the reason Wellpath filed here [in Texas] is that they saw Corizon do it and they saw good things came of it,” said Shannon. He said that not only was the Houston court friendly to debtors, it was also “user-friendly”, meaning proceedings can take place fast.Anna Holland Edwards, a civil rights attorney in Denver who has brought a handful of cases against Wellpath over her career, said she saw its bankruptcy coming from a mile away. In early November her office asked a state court to issue sanctions on the company ahead of its expected bankruptcy.Holland Edwards and other critics of Wellpath paint its use of Chapter 11 as a “business model” – both inevitable and symptomatic of the increasing extent to which America’s corporate assets have come under the ownership of private equity funds.They argue that Wellpath, under private equity ownership, borrowed money to buy up regional facilities across the country and then underbid rivals and county services in order to win taxpayer-funded government contracts. Underbidding meant cost-cutting.“If they don’t have enough money, maybe instead of having 10 nurses working in jail they’d only get five,” said Shannon.According to Graham, it was a lack of staff in San Juan county jail that led to her father’s death: “They feel like they can send two people in there to care for over 500 humans?”Another cost-cutting measure that may have brought Wellpath to its knees was its purchase of liability insurance policies that appeared to meet state and local government requirements but failed to establish any “true risk transfer”. As revealed in the ongoing bankruptcy proceedings, these policies only pay out if Wellpath covers a share of the damages, otherwise, no insurance kicks in.And so tight were Wellpath’s purse strings that at the time of its bankruptcy it had left about 15 EMS providers in Michigan with more than $6m worth of unpaid bills, according to the Michigan Association of Ambulance Services.Where the chips will now land remains uncertain, according to Shannon. As it stands, the ball is in Wellpath’s court, as it prepares to issue a revised plan for how it will restructure and emerge out of Chapter 11 operational.A recent ruling by the bankruptcy judge Alfredo R Perez of the southern district of Texas extended the stay on the pending lawsuits until at least 30 April.In the meantime, unsecured creditors will fight to have as much money as possible set aside for their settlements. In many cases, especially those involving personal injury, once the stays are lifted plaintiffs’ right to seek damages will be restored, but the pool of funds from which to collect will be limited.For Wellpath, the plan after Chapter 11 is to continue business as usual, and with Trump in office, there has never been a better climate for it to emerge from bankruptcy, according to Andy McNulty, another civil rights attorney based in Colorado.“We saw when Donald Trump was elected that private prison company stocks soared to all-time highs so there’s no reason to believe that if Wellpath is allowed to continue operating it will not continue to profit off the suffering of inmates across the country,” he said.A spokesperson for Wellpath said in a statement to the Guardian that it had filed for Chapter 11 in order to “strengthen our financial foundation without compromising our ability to deliver high-quality patient care”.“We remain committed to providing vital healthcare services to underserved populations and are confident this process will allow us to continue to do so for years to come,” they added.The company declined to say why it chose to file in the southern district of Texas or to answer questions about its liability insurance.Savannah’s mother Nicole said she wanted to see Wellpath dissolved for good. “For three days she was in there and she was begging for help, she was crying for help, and she was alone,” she said. “I want these people shut down.” More

    • 163 Shares169 Views

      in US Politics

      Victims of ‘kids-for-cash’ judge outraged by Biden pardon: ‘What about all of us?’

      by

      Victims of a former Pennsylvania judge convicted in the so-called kids-for-cash scandal are outraged by Joe Biden’s decision to grant him clemency.In 2011, Michael Conahan was sentenced to more than 17 years in prison after he and another judge, Mark Ciavarella, were found guilty of accepting $2.8m in illegal payments in exchange for sending more than 2,300 children – including some as young as eight years old – to private juvenile detention centers.Conahan was released from prison in 2020 due to Covid-19 and placed on house arrest, which had been scheduled to end in 2026.Conahan’s sentence was one of about 1,500 the US president commuted – or shortened – on Thursday while also pardoning 39 Americans who had been convicted of non-violent crimes.In response to Conahan’s pardon, the mother of a boy sent to jail at age 17 before later dying by suicide told the Citizens’ Voice: “I am shocked and I am hurt.”“Conahan’s actions destroyed families, including mine, and my son’s death is a tragic reminder of the consequences of his abuse of power,” Sandy Fonzo said to the outlet. “This pardon feels like an injustice for all of us who still suffer. Right now I am processing and doing the best I can to cope with the pain that this has brought back.”Similarly, Amanda Lorah, who at age 14 was wrongfully imprisoned as part of the scheme, told WBRE: “It’s a big slap in the face for us once again.“We had … time taken away from us. We had no one to talk to, but now we’re talking about the president of the United States to do this. What about all of us?”The Pennsylvania governor, Josh Shapiro, also condemned Biden’s decision, telling reporters that his fellow Democrat “got it absolutely wrong”, the Pennsylvania Capital-Star reported.“I’ll offer these thoughts as an outsider, not privy to all the information he looked at, but I do feel strongly that President Biden got it absolutely wrong and created a lot of pain here in north-eastern Pennsylvania,” Shapiro said.Biden’s actions Thursday marked the largest instance of presidential clemency carried out in a single day.Describing the move, the White House said: “The president is commuting the sentences of close to 1,500 individuals who were placed on home confinement during the Covid-19 pandemic and who have successfully reintegrated into their families and communities.”Attempts to contact Conahan were not immediately successful. More

    • 163 Shares169 Views

      in US Politics

      Biden must Trump-proof US democracy, activists say: ‘There is a sense of urgency’

      by

      The skies above the White House were cold and grey. Joe Biden greeted the championship winning Boston Celtics basketball team, quipping about his Irish ancestry and tossing a basketball into the crowd. But the US president could not resist drawing a wider lesson.“When we get knocked down, we get back up,” he said. “As my dad would say, ‘Just get up, Joe. Get up.’ Character to keep going and keep the faith, that’s the Celtic way of life. That’s sports. And that’s America.”Such events continue to be among the ceremonial duties of a “lame duck” president with waning influence. Biden has cut a diminished figure in recent months, first surrendering his chance to seek re-election, then finding himself sidelined by the doomed presidential campaign of his vice-president, Kamala Harris.But with his legacy imperiled by Donald Trump, the president is facing calls to mitigate the oncoming storm. Advocacy groups say Biden, who turned 82 this week, can still take actions during his final two months in office to accelerate spending on climate and healthcare, secure civil liberties, and Trump-proof at least some fundamentals of US democracy.Trump’s signature campaign promise was a draconian crackdown on illegal immigration. He has nominated officials including Tom Homan and Stephen Miller, architects of family separations at the southern border during his first term, and vowed to use the US military to carry out mass deportations of undocumented immigrants.The plans include mandatory detention, potentially trapping immigrants in inhumane conditions for years as they fight deportation. The American Civil Liberties Union (ACLU) is leading an opposition effort, urging Biden to halt the current expansion of Immigration and Customs Enforcement (Ice) detention facilities, especially those with records of human rights abuses.Eunice Cho, a senior staff attorney with the ACLU national prison project, said Ice detention facilities “characterised by abusive conditions, pervasive neglect and utter disregard for the dignity of people in their custody” are key to Trump’s logistical plan.Dozens of people have died in Ice detention facilities – mostly owned or operated by private prison corporations – over the past four years, according to the ACLU, and 95% were likely preventable if appropriate medical care had been provided. Yet the Biden administration has backed new Ice detention facilities in states where they did not existed before, such as Kansas, Wyoming and Missouri.“We are calling on the Biden administration to take action now, in the final days of the administration, to halt any efforts to expand immigration detention and to shut down specifically abusive facilities once and for all,” Cho told reporters on a Zoom call this week. “We don’t need to put down runway for the Trump administration to put in place these mass detention and deportation machines.”She warned: “We know that the anti-immigrant policies of a second administration are going to be far more aggressive than what we saw in the first term, and mass arrest and detention is going to become perhaps the norm to create and carry out these deportation operations unless we can do all we can to put a halt to them.”View image in fullscreenAnother crucial area for Biden to make a last stand is criminal justice. In his first term, Trump oversaw the execution of more people than the previous 10 presidents combined. Biden’s attorney general, Merrick Garland, then imposed a moratorium on federal executions in 2021.Trump has indicated his intention to resume such executions and even expand the death penalty. His nominee for attorney general, Pam Bondi, issued a public apology in 2013 while serving as Florida’s top law enforcement officer after she sought to delay the execution of a convicted killer because it conflicted with a fundraiser for her re-election campaign.Cassandra Stubbs, director of the ACLU’s capital punishment project, told reporters via Zoom that Trump said “he will work to expand the death penalty. He’s going to try to expand it to people who do not even commit killings. He’s called for expanding the death penalty to his political opponents.“But perhaps most dangerously in Project 2025 [a policy blueprint from the Heritage Foundation thinktank] – and we believe every word of it is this – he promised to try to kill everyone on death row, and the reason why we have to believe this and take it so seriously is the record that Donald Trump left where he, in a span of six months, carried out 13 executions.”The ACLU and other groups are therefore pressing Biden to commute the sentences of all individuals on federal death row to life in prison, fulfilling a campaign promise and preventing potential executions under Trump. Commuting “is really the thing that Biden can do to make it harder for Trump to restart executions”, Stubbs added.Pastor Brandi Slaughter, a board member of the pressure group Death Penalty Action, told reporters this week: “We know what the next president plans to do if any prisoners are left under a sentence of death under the Biden administration. We’ve been there, we’ve done that.”Biden has also received 8,000 petitions for clemency from federal prisoners serving non-death penalty sentences that he could either reduce or pardon. The former senator has long been criticised for his role in drawing up a 1994 crime law that led to the incarceration of thousands of Black men and women for drug offences.This week, members of Congress including Ayanna Pressley and James Clyburn led 64 colleagues in sending a letter to Biden urging him to use his clemency power “to reunite families, address longstanding injustices in our legal system and set our nation on the path toward ending mass incarceration”.They were joined at a press conference on Capitol Hill by Maria Garza, 50, from Illinois, a prison reform advocate who spent 12 years in a state prison. She said in an interview: “There is a sense of urgency because a lot of the people that are sitting waiting for clemency are people that have de facto life sentences that will die in prison if they don’t [receive clemency]. A lot of their unjust sentencing was because of the 1994 crime bill that he was the founding father of.”skip past newsletter promotionafter newsletter promotionMitzi Wall, whose 29-year-old son Jonathan is incarcerated on a seven-and-a-half-year federal cannabis charge, called on Biden to keep a campaign promise to grant clemency to more than 4,000 people in federal prison for nonviolent cannabis crimes.“We voted for President Biden,” she said. “He gave us hope and we’re asking him to do nothing more than keep his promise.”Wall, 63, from Maryland, added: “President Biden was partly responsible for writing the 1994 crime bill that thrust families into abject poverty and pain. I know he feels bad about that and he can right that wrong with the power of the pen. I’m appealing to him as a father whose son [Hunter] could very possibly be going to prison.”In other efforts to protect civil liberties, the ACLU is recommending a moratorium on all federal government purchases of Americans’ personal data without a warrant. It is also asking Congress to pass the Fourth Amendment Is Not for Sale Act to prevent potential abuse of surveillance technologies under the Trump administration.Meanwhile, Trump has pledged to rescind unspent funds in Biden’s landmark climate and healthcare law and stop clean-energy development projects. White House officials are working against the clock to dole out billions of dollars in grants for existing programmes to minimise Trump’s ability to rescind or redirect these funds. Earlier this month, the transportation secretary, Pete Buttigieg, announced more than $3.4bn in grants for infrastructure projects across the country.Wendy Schiller, a political science professor at Brown University in Providence, Rhode Island, notes that Trump will have the power of impoundment to stall the money flowing out of the government and can order rescissions to programmes funded by Congress.“The singular thing that Joe Biden can do is expedite the flow of federal dollars in all the programmes,” Schiller said.“Any money that is supposed to leave the treasury to go to schools, food safety, environmental protection – anything that is not yet distributed needs to get distributed. It’s like emptying literally the piggy bank before you go on a trip. President Biden needs to be literally getting as much money out the door in the hands of state, local and community organisations as he can.”Another priority for the White House is getting Senate confirmation of as many federal judges as possible, given the potential impact of the judiciary in challenging Trump administration policies. The Marshall Project, a non-profit news organisation, noted: “Federal judges restricted hundreds of Trump administration policies during his first term, and will likely play a significant role in determining the trajectory of his second.”Senate Republicans forced numerous procedural votes and late-night sessions this week in attempt to stall confirmations. Eventually a deal was struck that will bring Biden within striking distance of the 234 judicial confirmations that occurred in Trump’s first term – but four of Biden’s appellate court nominees will not be considered.The outgoing president could also engage with Democratic-led states and localities to bolster protections and establish “firewalls” against Trump’s agenda, particularly in areas such as immigration. These collaborations could involve reinforcing sanctuary city policies and providing resources to states that are likely to face pressure from the Trump administration.Chris Scott, former coalitions director for Harris, said: “What will be interesting is how or what can President Biden to work with states, especially where we have Democratic leadership in place, to be able to brace themselves and arm themselves with more protection. We already have places like a Michigan or Illinois where you have governors vowing to make sure that they have protections – even in the Trump presidency.”As Barack Obama discovered before handing Trump the keys to the Oval Office in 2017, however, lame duck presidents can only do so much. Trump will come into office with a flurry of executive orders, a supportive Congress and fewer guardrails than the first time around.Bill Galston, a former adviser in the Bill Clinton administration, said: “On January 20 Donald Trump will control all the instruments of government and, at that point, it’ll be up to the courts – and public opinion – to restrain him.” More