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ACLU of Wisconsin Seeks Further Court Action to Remedy "Appalling" Jail Conditions (1/31/2006)
FOR IMMEDIATE RELEASE
CONTACT: media@aclu.orgNearly 17,000 Violations of Court-Ordered Remedies
Documented
MILWAUKEE, WI --
The American Civil Liberties Union of Wisconsin and the Legal Aid Society of
Milwaukee today asked a court to levy fines against Milwaukee County for failing
to correct what experts described as “unacceptable, if not appalling” conditions
at the Milwaukee County Jail.
“We are asking for appropriate
action from the public officials who have the authority to vindicate the rights
of thousands of individuals who were victimized by the county’s contempt of
court,” said Laurence Dupuis, Legal Director of the ACLU of
Wisconsin.
On January 4, Milwaukee County Circuit Judge Clare
Fiorenza found that Milwaukee County was in contempt of court for failing to
live up to the terms of an agreement between the county, the ACLU of Wisconsin,
and the Legal Aid Society of Milwaukee. The agreement prohibited the jail from
holding inmates longer than 30 hours in the booking/open waiting area of the
jail.
Judge Fiorenza found that the county violated the agreement
at least 16,662 times between November 2001 and April 2004, that these
violations were intentional, and that they constituted contempt of court. The
court also found that conditions in the booking area – as described in
affidavits which were not directly contradicted by the county – were
“unacceptable, if not appalling,” and included “overly crowded conditions,
inmates who were forced to sit or sleep on the floor next to urinals, inmates
who had to sit up for hours and hours, lack of hygiene, unsanitary conditions,
inmates who were not given pillows or blankets to sleep on, cells that were
infested with bugs, cold temperatures, bodily fluids on the floor and bad
odors.”
In addition to the fines, the class-action lawsuit asked
the court to compel a population limit of 960 persons in the jail, extend the
term of the agreement to January 2008, and impose a fine of $10 per person per
hour for any future violations of the 30-hour limit on holding inmates in the
booking area.
“We hope the necessary steps will be taken to insure
that overcrowding will not endanger the health and safety of Milwaukee County
Jail inmates and correctional officers in the future,” said Peter M. Koneazny,
Litigation Director of the Legal Aid Society of Milwaukee. “We have asked that
any fines levied against the county for past violations be directed to
preventing overcrowding and improving conditions, facilities and programs at the
jail.”
Under Wisconsin law, only the Milwaukee County District
Attorney E. Michael McCann, Wisconsin Attorney General Peggy Lautenschlager, or
a special prosecutor appointed by Milwaukee County Circuit Judge Clare Fiorenza
can file a complaint seeking punitive sanctions for contempt of court. The ACLU
of Wisconsin and the Legal Aid Society have requested that they do so. Should
the request be granted, fines of up to $5,000 for each of over 16,000 separate
instances of contempt would be levied against the Milwaukee County
Jail.
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