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BY JOE CARLSON
jcarlson@nwitimes.com
219.933.3364 | Monday, May 19, 2008 | (63 comment(s))
Though nearly all of them fail, new civil rights lawsuits against the Lake and Porter county jails continue to flow into the courts.
Federal judges are being asked to investigate the gritty minutia of jail life, everything from whether poor prisoners should be given tooth brushes to whether it's unconstitutional to make inmates sleep in their own bodily filth.
Just this week, a group of four inmates with Chicago lawyers filed a class-action lawsuit against the Lake County Jail, claiming they're exposed to each other's vomit, blood and excrement because of drug withdrawals, fights and inadequate toilet facilities in overcrowded holding cells.
It remains to be seen whether this latest lawsuit will fare differently than the dozens that came before it.
Since August, inmates at the Lake and Porter county jails have filed a total of 39 lawsuits against jailors in U.S. District Court in Hammond.
A Times review of all of the lawsuits found that most have failed. Twenty-six have been tossed out of court for various reasons, from failing to pay the filing fees to inability to show inmates suffered any actual harm.
Of the 13 suits still pending, 11 are waiting for the counties to file answers to the claims or for judges to rule on the counties' answers.
Just two of the 39 have received a judge's approval to move into actual litigation.
Unlike most typical civil lawsuits, cases from inmates are reviewed by judges before advancing to even initial stages, weeding out those deemed to be frivolous or not in compliance with basic standards.
Both of the cases that survived the judges' initial reviews are against the Lake County Jail.
James Wesley Hunt is suing because he says Sheriff Rogelio "Roy" Dominguez and Warden Bernard Freeman failed to provide him with tooth brushes and food for an "adequate, nutritious and balanced diet."
Charles Olson Sr. is suing on claims that he contracted a staph infection because of what he calls unsanitary conditions at the jail. He is one of scores of inmates who have complained about exposure to such infections.
Lake County sheriff's attorney John Kopack said three of the cases still awaiting judges' rulings are those in which inmates claim to have contracted infections, and the department will "vigorously defend" the cases because the jail has taken appropriate steps to safeguard staff and inmates.
In addition, a lawsuit from the family of James Hutchinson is still pending. The family members claim that the jail failed to take basic steps to prevent his death. Six men have killed themselves in the 900-person jail in the past two years, including a death May 4.
Despite the relentless criticism of his jail, Dominguez remained upbeat about his management and had Kopack e-mail copies of the dismissal notices for 11 the lawsuits against the jail.
"Not only lawsuits, but when we have complaints, we review and double-check our procedures and protocol," Dominguez said. "We are dedicated to providing the best service possible and a constitutional jail."
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Cheryl wrote on Apr 14, 2009 9:30 PM:
sovereign120 wrote on Jan 16, 2009 4:36 PM:
Abe Normal wrote on Oct 17, 2008 1:35 PM:
WHAT COULD BE EASIER, or more lame, than playing back-seat driver to civil rights law suits emanating from jailed inmates, without really getting your hands dirty, nor getting involved, nor standing up for anything but being against those who actually do?
Why not:
a. eat your little TV-dinner, from your little TV tray, tuned into your little itsy bitsy, Happy Days episode
-OR-
c. Dry-up and blow away, like the dust off the desert on a hot windy day ? "
RE Previous Criminal wrote on May 30, 2008 12:12 PM:
pervious criminal wrote on May 25, 2008 4:43 PM:
all high and mighty arent we wrote on May 25, 2008 9:29 AM:
SS wrote on May 24, 2008 8:07 AM:
"
AHA wrote on May 23, 2008 1:04 PM:
College for Criminals wrote on May 23, 2008 12:01 AM:
Rights wrote on May 22, 2008 11:52 PM:
Mr Ed wrote on May 22, 2008 6:21 PM:
Someone on the ball.... wrote on May 22, 2008 1:36 PM:
To Someone on the Ball again wrote on May 22, 2008 10:31 AM:
Re Michellemlm Response wrote on May 22, 2008 10:18 AM:
Someone on the Ball again.. wrote on May 22, 2008 1:13 AM:
SS wrote on May 21, 2008 6:58 PM:
Re To Someones on the Ball wrote on May 21, 2008 6:35 PM:
Mother of wrote on May 21, 2008 3:38 PM:
Someone on the ball... wrote on May 21, 2008 12:08 AM:
To Someones on the Ball wrote on May 20, 2008 5:21 PM:
Wow... So you think that everyone who is arrested has committed a violent crime and everyone arrested is guilty and deserves to catch sometimes harsh illnesses? "
Someone is on the ball.... wrote on May 20, 2008 2:37 PM:
just a thought wrote on May 20, 2008 1:38 PM:
WOW wrote on May 20, 2008 8:33 AM:
SS wrote on May 20, 2008 7:22 AM:
At the time of OWI all I was taking was Ibuprofin for arthritis of spine an cervic. A fracture to vertebra 1 had to be fused to #2, this occured 3 months after OWI. Hit a deer went home called police and returned to claim deer. Now on vicodin 3 times a day, and maybe 2 or 3 drinks in the evening. No way I could go back to jail. I didn't mind the company but acomiditions suck. "
RE Pretty ignorant people... wrote on May 19, 2008 11:15 PM:
Former DOC wrote on May 19, 2008 9:33 PM:
Most people have committed a crime of some sort in their but have yet to be caught. It really is funny to see these nay sayers when the finally get caught and end up crying while they sit in jail. They change their tune then!
Do not be ignorant and think this can not happen to you. I would like to see humane jails not warehouses.
"
RR wrote on May 19, 2008 5:52 PM:
In total agreement wrote on May 19, 2008 5:47 PM:
Typical wrote on May 19, 2008 4:31 PM:
Michellemlm Response wrote on May 19, 2008 4:15 PM:
As I said before, those working in the system automatically assume that if someone is arrested they are "guilty" before ever going to trial. For some reason you feel that arrestees should suffer immensely as well, according your post, whether they are guilty or not. We are talking about the County Jails... not prison. These people are to be presumed innocent until "proven" guilty. Further, as another poster said, innocent or guilty, they do not deserve to be in conditions that can be life threatening.
As for your question about my family... I'm not saying jails should be gourmet... I said they should be "humane"!
"
Innocent Prisoners Exist wrote on May 19, 2008 4:12 PM:
You stay there until your hearing, where you're declared guilty or innocent.
Just to teach you all about how it works, you're in a holding cell with 20-30+ people. If one idiot clogs up the toilet, guess what! YOU didn't do it, but you get to live in their waste.
Have some compassion, and just the slightest bit of intelligence before saying all these people deserve what they got. "
FYI wrote on May 19, 2008 3:17 PM:
To Some Pretty Ignorant People wrote on May 19, 2008 3:09 PM:
· The holding cell housed up to 42 inmates and was designed for 16 max; there was not even enough room to lay down, and that includes utilizing the area under the toilet.
· Nothing was furnished to cleans the cell and showers were not necessarily provided on a daily basis.
· The single toilet was defective and often was not reset to flush for 6 hours at a stretch.
"
To Some Pretty Ignorant People wrote on May 19, 2008 3:08 PM:
· One inmate was a TB reactor; I alerted guards to this and that inmate was not isolated until the following day.
· I contracted a suspected case of MRSA, likely during the jail time because I was not in contact with anyone else other than officers during this time. Health officials would not answer questions, nor the phone for that matter, regarding this outbreak. They were criminally negligent. I for one could have unknowingly spread this to elderly nursing home patients. I found out about the outbreak reading The Times.
So Rocket Scientist et al, please think before you write and reveal your ignorance to the World. The conditions can also harm the Innocent through collateral damage... Need I feel guilt when I learn your relative at the nursing home or if you at the restaurant contract MRSA after I visited those locations, because Lake County health officials neglected their responsibilities?
"
To your son or daughter wrote on May 19, 2008 2:52 PM:
The punks that commit the crimes deserve everything they get. Let them rot. "
Intellegence wrote on May 19, 2008 2:44 PM:
"Re this could be your sondaughter." "
Citizen wrote on May 19, 2008 2:43 PM:
Seriously, I wonder if the same group of lawyers are filing these stupid lawsuits ? That may be part of the problem.
I also wonder if the criminal mind understands cause and effect ? If jail is an unpleasant place maybe you should avoid activity that will lead to it. "
Difference.... wrote on May 19, 2008 2:41 PM:
john boy wrote on May 19, 2008 2:24 PM:
plant a garden and make them grow there food. "
jail psychologist wrote on May 19, 2008 2:22 PM:
this is a common prison occurrence! "
Re this could be your sondaughter.... wrote on May 19, 2008 2:18 PM:
To This Could be your Sondaughter wrote on May 19, 2008 2:15 PM:
To Jammer wrote on May 19, 2008 1:06 PM:
I THINK????????????????????????
HAHHHAHAHAH!! "
This could be your sondaughter wrote on May 19, 2008 1:06 PM:
excons ex-relative wrote on May 19, 2008 12:51 PM:
he had been in every jail in the area, and some far away too.
he had no problem telling us what it was like in jail every time he messed up and didnt want to go back. sympathy card.
anyhow. he told us he had an infection from the jail. he would get these tiny sores on his arms. he would CHEW on them to make them bigger! we were never sure if he was lying or not, but it was scary!
also, he told us that inmates INTENTIONALLY plug up their own toilets with whatever they can stuff down it. whole rolls of toilet paper if they can. this was just to be defiant and get the jail guards to have a lousy shift listening to them whine.
this is the truth about jail. most of the stuff that goes on there, is simply created by the people who are stuck there. "
Jammer wrote on May 19, 2008 12:47 PM:
Who Cares wrote on May 19, 2008 12:41 PM:
Oh My wrote on May 19, 2008 12:18 PM:
helluvamess wrote on May 19, 2008 12:12 PM:
When people stop coddling these criminals MAYBE then they will learn. They DO NOT deserve priviledges they have to earn them. IF YOU PLAY YOU PAY!!!! plain and simple. Staighten yourself up and obey the laws (rules)!! "
Seriously wrote on May 19, 2008 12:05 PM:
G Davis wrote on May 19, 2008 11:53 AM:
Who cares wrote on May 19, 2008 11:21 AM:
To Michelle wrote on May 19, 2008 11:14 AM:
Intellegence wrote on May 19, 2008 10:31 AM:
Poor Criminals wrote on May 19, 2008 9:28 AM:
boo hoo wrote on May 19, 2008 9:26 AM:
give me a break wrote on May 19, 2008 8:43 AM:
JC from EC wrote on May 19, 2008 8:01 AM:
When, when will Lake County join the rest of the civilized world, and free the citizens of Lake County from the Hypocrocy and the plantation mantality. "
SS wrote on May 19, 2008 7:15 AM:
Michellemlm wrote on May 19, 2008 5:02 AM:
In America, citizens are suppose to be presumed innocent until proven guilty. We often find that is not the case. These inmates are not being allowed to exercise their civil rights to due legal procedures.
They should be able to exercise the exact same civil rights in the exact same methods as everyone else. Further, regardless of their innocence, it is their civil right to not be deprived of "humane" conditions. I hope there is a thorough investigation and will be looking forward to the follow-up articles. "
reality wrote on May 19, 2008 3:48 AM:
Oh really......... wrote on May 19, 2008 1:02 AM:
Rocket Scientist wrote on May 19, 2008 12:44 AM: