Tag Archives: fci sheridan

Faking Suicide To Get Healthcare And Other BOP Tales of Horror – Update for May 23, 2024

We post news and comment on federal criminal justice issues, focused primarily on trial and post-conviction matters, legislative initiatives, and sentencing issues.

FCI SHERIDAN IS POSTER CHILD FOR BOP DYSFUNCTION

IG230518The Department of Justice Inspector General released a report yesterday that found “serious operational deficiencies,” including “alarming staffing shortages” at the Bureau of Prisons facility in Sheridan, Oregon.

One might say that BOP dysfunction is trending.

FCI Sheridan, a medium-security men’s prison with an adjacent detention center and prison camp, was Inspector General Michael Horowitz’s third unannounced prison inspection since the IG began the program at FCI Waseca (a women’s facility) last May. That report was followed by last November’s findings on a surprise inspection at FCI Tallahassee, another women’s facility. Now, after inspecting two female facilities, the IG has focused on the other 92% of inmates, the men.

IG Horowitz is taking Jan and Dean to heart: Two girls for every boy.

The dominant theme of the Sheridan report is staffing shortages and the effect the problem has on healthcare. providing a glimpse into the depth of inmates’ frustrated enterprise:

For example, we found that, just prior to our inspection, an inmate feigned a suicide attempt in order to receive medical attention for an untreated ingrown hair that had become infected. When finally examined after the feigned suicide attempt, he required hospitalization for 5 days to treat the infection.

gottaso240523No doubt the prisoner was punished for his desperate caper, but only he got out of the hospital. The BOP is unlikely to have acknowledged that it shared any responsibility for turning the simple ingrown hair removal into a $50,000+ medical expense. The inmate was right: you gotta do what you gotta do, and that includes doing what it takes to get urgent healthcare from an overtaxed and uncaring bureaucracy.

The Sheridan findings are plenty harrowing, even without the illustration of the faked suicide attempt. The IG summarized them as:

Healthcare Worker Shortages: Because of short staffing in the Health Services Department, a backlog existed of 725 lab orders for blood draws or urine collection and 274 pending x-ray orders at the time of the inspection. “These backlogs cause medical conditions to go undiagnosed and leave providers unable to appropriately treat their patients,” the report said.

High Correctional Officer Vacancy Rate: A shortage of correctional officers meant that “inmates must routinely be confined to their cells during daytime hours and are therefore often unable to participate in programs and recreational activities.” What’s more, the shortage meant that “FCI Sheridan did not always have available Correctional Officers to escort inmates to external medical providers.”

Psychology Services and Education Department Staffing Shortages: “[S]erious shortages among drug treatment program employees prevented the institution from offering its Residential Drug Treatment Program (RDAP) to inmates… We also found long waitlists, some exceeding over 500 names, for other trauma-related mental health, anger management, and work skills classes.”

Sexual Misconduct Reporting: FCI Sheridan did not centrally track the number of all allegations of inmate-on-inmate sexual misconduct reported to employees. The failure “undermines the ability of… the BOP to collect data consistent with Prison Rape Elimination Act (PREA) standards that would allow them to assess and improve the effectiveness of sexual misconduct prevention efforts.”

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NPR reported that the staffing shortages “are among the biggest obstacles facing the federal prison system, according to this report, and contribute to other challenges at Sheridan and the more than 120 facilities like it.” Horowitz told NPR that “[i]t’s a problem that is at least 20 years in the making. It’s not going to get fixed overnight. But what these inspections show us how serious the problem has now become.” Horowitz said. “It is deeply concerning when you go to a facility like Sheridan and you hear from the staff, correctional officers, health care workers, educators, that they can’t do the jobs that they’re there to do and they want to do.”

After this third IG inspection, a trend is developing:

• Both the Tallahassee and the Sheridan inspections found “serious operational deficiencies” and “alarming” problems. At FCI Tallahassee, the alarming conditions were with the facility’s execrable food service. At Sheridan, staff shortages were “alarming.” The IG is able to be frugal, reusing the same descriptors for multiple prisons.

• All three inspections included the same disclaimer: “We did not make recommendations in this report because in our prior work we have recommended that the BOP address many of these issues at an enterprise level.” In other words, the IG was reporting on endemic BOP problems that exist throughout the system. The Sheridan report parrots the prior reports, conceding that “[m[ost of the significant issues we found at FCI Sheridan were consistent with findings the OIG has made in other recent BOP oversight work, which we have reported on publicly.”

Nothing new here, either folks.

• We’re starting to suss out the inspection tempo. The Waseca report was last May, the Tallahassee report was in November 2023, and Sheridan was this week. It looks like the IG is inspecting about two facilities a year. Certainly, there are resource considerations: it takes people to kick open the prison doors. Horowitz told a National Press Club audience last March that “[m]y 500 personnel [are] comprised mostly of auditors and law enforcement agents. We also have evaluators and inspectors. One of the things we’re doing now, by the way, is unannounced inspections of federal prisons, and those are much smaller groups compared to the auditors and the agents.”

• All three inspections found serious staffing problems, which is hardly news. The Waseca and Sheridan inspections found long delays in providing First Step Act and drug abuse programming to inmates, which the Sheridan report said resulted in inmates having “limited opportunities to prepare for successful reentry into our communities. “ All three reports found that shortages of Healthcare staff had “negatively affected healthcare treatment” (as the Tallahassee report put it). The Waseca findings were that “staff shortages in both FCI Waseca’s health services and psychology services departments… have caused delays in physical and mental health care treatment.”

• The IG reports all seem to come with some sexy news hook. Waseca’s was inmates living in basements and under leaky pipes. Tallahassee’s was moldy food and rat droppings in the chow hall. Sheridan’s was the feigned suicide attempt to get healthcare.

suicide240523“What we’ve seen over and over again, in our unannounced inspections of the Bureau of Prisons is the challenges they face in meeting their mission of making prisons safe and secure, and preparing inmates for reentry back into society,” Horowitz told NPR in an interview reported yesterday. “And this is another case where we’ve seen severe challenges that they face in fulfilling those missions.”

DOJ Inspector General, Inspection of the Federal Bureau of Prisons’ Federal Correctional Institution Sheridan (May 22, 2024)

NPR, Lack of staffing led to ‘deeply concerning’ conditions at federal prison in Oregon (May 22, 2024)

National Press Foundation, ‘The Truth Still Matters’: Justice Department Inspector General Highlights Non-Partisan Work (March 15, 2024)

– Thomas L. Root

Right Claim, Wrong Vehicle? – Update for November 23, 2022

We post news and comment on federal criminal justice issues, focused primarily on trial and post-conviction matters, legislative initiatives, and sentencing issues.

MAGISTRATE THROWS OUT FCI SHERIDAN LOUSY-CONDITIONS HABEAS PETITIONS

judge160620An Oregon federal magistrate judge last week recommended that some 200 habeas corpus actions alleging insufficient medical care at FCI Sheridan be dismissed.

The magistrate judge ruled that the petitioners have been pursuing the wrong legal strategy. Rather than habeas corpus, the inmates “should have worked to address their concerns through other means.

The Opinion and Order stated that while

the Court is sympathetic to Petitioners’ difficult experiences at Sheridan during the pandemic, the Court cannot conclude that merely alleging that no conditions of confinement could satisfy the Eighth Amendment is sufficient to confer habeas jurisdiction under circumstances such as those present here… Petitioners insist that they are challenging the fact of their confinement, but they do not allege that their convictions or sentences are invalid in the first instance or that they are being held in excess of a lawfully imposed term of imprisonment. Instead, Petitioners allege that the harsh conditions at Sheridan place them at risk of serious harm from COVID-19, allegations premised on the conditions, and not the validity, of their confinement… Indeed, Petitioners’ claims “would not exist but for [the] current conditions” at Sheridan.

The Court ruled that the prisoners’ “argument that habeas jurisdiction exists simply because they allege that nothing short of their release may remedy the unconstitutional conditions at Sheridan thus improperly ‘conflates the nature of relief with the substance of the claim.’

Stirling v. Salazar, Case No. 3:20-cv-00712-SB, 2022 U.S. Dist. LEXIS 206892 (D. Or. Nov. 15, 2022)

Oregon Public Broadcasting, Federal judge dismisses claims of mistreatment in Oregon prison as wrong legal strategy (November 17, 2022)

– Thomas L. Root

Playing with COVID Numbers – Update for February 24, 2022

We post news and comment on federal criminal justice issues, focused primarily on trial and post-conviction matters, legislative initiatives, and sentencing issues.

BOP DECLARES COVID RECOVERIES AS MEDIA BLAST MANAGEMENT

The BOP declared another 2,800 inmates cured last week, declaring at week’s end that 1,717 prisoners and 1,415 staff still have the virus. As of last night, the number was down to 1,257 inmates and 1,397 staff. The BOP is reporting COVID at 125 facilities. The agency reported no new deaths.

deadcovid210914There isn’t a lot of reason to trust the BOP’s stats. For instance, 2,500 inmates “recovered” over Valentine’s Day weekend, but from the following Wednesday to Friday, only two more were cured. Over last weekend, another 450 were healed. But yesterday, only one was cured. As of last Tuesday, the agency had performed 129,251 COVID tests on inmates since 2020, but as of last night, only 128,895 had been done. The number of tests waiting to be processed was 94 for 10 days in a row ending a week ago Tuesday and has been 136 every day since. For the same period a year ago, the number was never the same from February 5 through February 24, fluctuating between a high of 1,131 and a low of 695.honeymoon220224

A reasonable person could conclude that the stats are being made up.

But does it matter? After all, COVID is finally over. Or maybe not, as COVID variant BA.2 vies with Vladimir Putin for headlines.

In other news, if the BOP ever enjoyed a media honeymoon on its COVID management, that time has passed. CNN last week savaged the BOP’s COVID response in a story based on inmate deaths at FPC Alderson:

The deaths of… three women imprisoned in West Virginia reflect a federal prison system plagued by chronic problems exacerbated by the pandemic, including understaffing, inadequate medical care, and few compassionate releases. The most recent statistics from the Federal Bureau of Prisons report 284 inmates and seven staff members have died nationwide because of covid since March 28, 2020. Medical and legal experts say those numbers are likely an undercount, but the federal prison system lacks independent oversight… The Alderson inmates and their families reported denial of medical care, a lack of covid testing, retaliation for speaking out about conditions, understaffing, and a prison overrun by covid. Absences by prison staff members sickened by the virus led to cold meals, dirty clothes, and a denial of items like sanitary napkins and clean water from the commissary… In an email, BOP spokesperson Benjamin O’Cone said the agency does not comment on what he called “anecdotal allegations.”

So the BOP manipulates the stats, and it ignores the anecdotes. Controlling the information and disparaging the information you can’t control – it’s the BOP’s mission statement.

healthcare220224Meanwhile, Oregon Public Broadcasting continues its coverage of a suit against the BOP brought by FCI Sheridan inmates, reporting that “dire conditions inside the federal prison in Sheridan, Oregon, have not improved over the course of the pandemic and numerous medical requests from inmates inside the facility continue to go unaddressed, according to Lisa Hay, Oregon’s federal public defender, in a recent filing. “What’s most dismaying to me is that we’re hearing the same kinds of complaints for two years and I feel somewhat helpless,” Hay told OPB in an interview a week ago. “People are dying, people are being harmed, people are being harmed psychologically and physically.”

“The system of care at the FCI Sheridan does not allow for adequate access to care,” Michael Puerini, M.D., a corrections medical care expert, stated in an inspection report filed last month. “Access to care is a fundamental aspect of the care system. Without access to care, adults in custody are essentially left without healthcare, much to their peril.”

Puerini wrote that “The Sheridan facility, at the time of our visit in September, was not following CDC guidelines regarding care of Covid patients in that patient who had tested positive for Covid were not being checked on a daily basis, as specified in the guidelines.”

CNN, Covid-19 rips through West Virginia women’s prison as federal agency takes heat (February 18, 2022)

Wall Street Journal, Fast-Spreading Covid-19 Omicron Type Revives Questions About Opening Up (February 23, 2022)

Oregon Public Broadcasting, Inmates at Oregon’s only federal prison report dire medical care (February 11, 2022)

Status Report, Stirling v. Salazar, Case No. 3:20-cv-00712 (February 4, 2022, ECF 98)

– Thomas L. Root