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| Legal Complaint |
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NOVEMBER 23, 2011
The ACLU of Idaho filed a lawsuit against Canyon County Jail
in the United States District Court for the district of Idaho to remedy complaints from inmates after being retaliated against for filing complaints. The lawsuit charges that Gary Duelen, the sheriff’s department’s chief deputy and administrator of the county jail, ordered that a prisoner be transferred out of the jail and into a different facility in retaliation for the prisoner having filed a number of grievances and complaints. The two named plaintiffs in the lawsuit, Alfred Young and Lorraine Scott, were threatened with retaliation by jail guards if they filed grievances, according to the lawsuit, and Scott was placed in solitary confinement for doing so. Read the legal complaint.
“The U.S. Constitution guarantees all Americans the right to petition the government for redress of grievances and prisoners have the right to file complaints with jail staff and with the courts about their conditions of confinement,” said Stephen Pevar, staff attorney with the ACLU. “Retaliating against prisoners for exercising their constitutional rights is at odds with fundamental American values and cannot be tolerated.”
“Threats and retaliation put a chill upon the exercise of rights guaranteed by the Constitution,” said Monica Hopkins, executive director of the ACLU of Idaho. “In a facility known for having many significant problems, it is essential that prisoners are able to lodge grievances without fear of retaliation.”
This is not the first time the ACLU has taken Canyon County to court. During the spring of 2009 the ACLU of Idaho filed a lawsuit against Canyon County in the United States District Court to address numerous complaints regarding unhealthy conditions of confinement at the Dale Haile Detention Center in Caldwell, Idaho (otherwise known as the Canyon County Jail). Prisoners wrote to the ACLU of mold on the ceilings and walls of the housing areas, little or no outdoor recreation, severe overcrowding causing many to sleep on the floor, poor air circulation, respiratory and skin infections, scalding shower temperatures, inoperable showers and toilets, overflowing drains, discrimination against women, insufficient and unsanitary bedding, a faulty alarm system, arbitrary punishment, inadequate medical care and retaliation by guards. After multiple visits to the jails and interviews with the prisoners, it became clear that the jail’s housing conditions constituted cruel and unusual punishment in violation of the Eighth Amendment.
Shortly after the lawsuit was initiated Canyon County officials entered into negotiations with the ACLU and agreed to a consent decree. Read the consent decree. The consent decree was approved by the district court in November of 2009, at which point it became a Court Order to remain in effect for two years. The consent decree included jail population maximums, remediation to remove mold and improvements or changes in: ventilation, sanitation, plumbing, air temperature, bedding, outdoor recreation, staffing, posting inmate handbooks, special meals for allergies, reduction in medical co-pays from $10-$5, gender discrimination, and inspections. The inspections were conducted every six months. The consent decree expired in November 2011.
As a result of the class action lawsuit the County made significant changes and fewer complaints have been received from the jail. The ACLU will remain vigilant however and will continue to address any constitutional violations.
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