Foco Temático:
Caso:
Louis HAMILTON vs. Moon LANDRIEU
Tribunal:
Corte Distrital de Florida (United States District Court, N. D. Florida) - Cortes Inferiores
Sentencia:
De Fondo
País: Estados Unidos
Hechos:
La cárcel del condado de Escambia en el Estado de Florida tenía deficiencias en la prestación del servicio de salud y los reclusos no tenían actividades para hacer durante el día, no tenían oportunidad para hacer recreación al aire libre ni luz natural. Tampoco tenían lugares ni horarios establecidos ni adecuados donde pudieran sentarse a comer.
La población penal excedía la capacidad de la cárcel, los internos vivían hacinados en celdas con insuficiencia de camas, viéndose obligados a dormir en el suelo, desnudos, sin ropa de cama ni colchones. Tampoco contaban con buenas condiciones de higiene personal, ni de limpieza de las celdas y duchas. En todo el edificio de la cárcel tenían presencia de cucarachas, ratones, y piojos en algunos reclusos.
Además, los internos eran asignados a las celdas sin ninguna clasificación. Así por ejemplo, las personas en prisión preventiva no estaban separadas de las condenadas. Tampoco estaban separados las personas menores de las adultas.
Objeto:
Los demandantes (reclusos de la Cárcel del Condado de Escambia, Pensacola, Florida) solicitaron protección por las condiciones ilegales a las que se encontraban sometidos.
«This is an action brought by and on behalf of inmates of the Escambia County Jail, Pensacola, Florida seeking declaratory and injunctive relief from the unlawful conditions under which the inmates of the Escambia County Jail are confined.»
Antecedentes:
El caso llega a la Corte del Distrito de Florida por un recurso interpuesto por los reclusos de la Cárcel del Condado de Escambia, Pensacola, Florida.
El Sheriff del condado de Escambia, Florida, el jefe de la cárcel de la prisión del condado de Escambia, y los miembros de la Junta de Comisionados del Condado de Escambia fueron los demás acusados en la demanda en ese momento.
El recurso fue interpuesto en virtud de la Constitución de los Estados Unidos, las leyes del Estado de Florida.
Análisis Presupuestario:
La Corte explicó que la falta de fondos no es una excusa justificable para mantener las condiciones inconstitucionales en que se ha mantenido a los presos.
En el caso concreto, la Corte determinó que la falta de fondos no es excusa para privar a los reclusos de los derechos fundamentales establecidos en la constitución federal. («The lack of financial resources seems to be the defendants’ only explanation for permitting the Jail to continue to operate in an unjustifiable fashion. It can be succinctly stated that ‘[l]ack of funds is not an acceptable excuse for unconstitutional conditions of incarceration…»
La Corte se refirió al caso de Gates v. Collier donde el Tribunal dijo que las defensas fundadas en la escasez de recursos y la incapacidad de las cortes del distrito para pedir créditos, han sido rechazadas por las cortes federales. («Where state institutions have been operating under unconstitutional conditions and practices, the defenses of fund shortage and the inability of the district court to order appropriations by the state legislature, have been rejected by the federal courts»)
Quién introdujo el argumento presupuestario:
La falta de presupuesto es el argumento con que se defendió la parte acusada, para justificar que la cárcel continúe operando de la manera injustificable que plantea la parte demandante.
Decisión del Tribunal:
La Corte reconoció que la situación en que se encontraban las personas recluidas en esa prisión era inconstitucional y ordenó medidas para mejorar los cuidados de higiene, salud y alimentación de los presos, el debido mantenimiento de las celdas, evitar el hacinamiento, separar los presos por prevención de los condenados por delitos, separar los presos por edades y sexo, crear espacios de recreación, educación y formación.
«Recognizing the substandard living conditions in the Escambia County Jail is much more easy a task than is fashioning a remedy which both meets the minimal constitutional standards and respects the authority of state and local administrators to operate their own facilities. This Court is reluctant to interfere with such administration, and it intercedes now only because the paramount constitutional and statutory rights of plaintiffs and the classes and subclasses they represent supervene. The defendants have had ample opportunity to modify their operations of the Jail, but they have declined the initiative. This Court will not so decline. It is therefore
ORDER AND ADJUDGED:
That the aforesaid defendants and the successors, agents, servants, and employees of each of said defendants, in order to accomplish the foregoing, shall immediately and permanently operate and maintain the Escambia County Jail in compliance with the following:
INMATE CARE AND CELL MAINTENANCE
1. Clean blankets, sheets, pillows, pillowcases, towels and washcloths shall be issued to inmates within 8 hours of being booked and shall be frequently laundered.
2. Each inmate who does not have sufficient money when he enters the Jail or has not obtained sufficient money from family and friends shall be furnished, without charge, within 24 hours of being booked: Soap, toothbrush, toothpaste, and suitable comb so as to be able to maintain good personal hygiene. Shaving gear shall be available for inmates, without charge, within 24 hours of being booked.
3. Each inmate who does not bring adequate clothing when entering the Jail, or has not had the same furnished by family or friends, shall be furnished the same free of charge within eight hours of being booked. Within 120 days from the date hereof, a report shall be submitted to this Court setting forth details with respect to the feasibility and desirability of providing all inmates housed for a period longer than eight hours with uniforms made of wash and wear materials, underwear, socks and sandal-type footgear.
4. Inmates shall have available a daily change of clean clothes.
5. An organized and supervised program of daily cleaning shall be instituted, including mopping, scrubbing, wall washing, etc., which will insure that all housing cells are cleaned on a daily basis. Proper sanitizers in adequate quantities shall be furnished and each cellblock shall be furnished with clean mop water with proper sanitizers added on a daily basis. Within 60 days from the date hereof a report shall be submitted to this Court which includes the details of the program of daily cleaning.
6. All necessary steps to rid the Escambia County Jail of insects and vermin shall be continued.
7. Steps shall be taken to acquire the services of a qualified person in the field of institutional lighting. Within 90 days from the date hereof a report of said person shall be submitted to this Court setting forth details for eliminating the problems described in said person’s initial report. All opaque paint shall be removed from the Jail windows except from the bottom panes on the front of the building within 30 days.
8. Steps shall be taken to acquire the services of a qualified person in the field of ventilation and temperature control. Commencing January 1, 1977, and on a quarterly basis thereafter, a report of a qualified person in the field of ventilation and temperature control shall be filed with Court reflecting said person’s opinion as to the continued adequacy of the ventilation and temperature control system throughout the Escambia County Jail. Immediate steps shall be taken to comply with all reasonable recommendations of said person in said report.
9. All plumbing fixtures which are presently inoperable or malfunctioning shall be forthwith repaired. An organized and supervised program for the maintenance of the equipment and facilities existing in the Escambia County Jail, including plumbing fixtures, shall be instituted. Within 90 days from the date hereof, a report shall be submitted to this Court indicating compliance with this paragraph.
10. All inmates shall be furnished with adequate table space for taking meals at mealtime.
11. Each cell shall be furnished with a mirror for the purpose of shaving and personal hygiene.
12. No inmate shall be housed in cells which do not have showers except isolation cells. Those inmates housed in isolation cells or cells without working showers shall be given an opportunity to shower at least five times a week.
13. Each inmate shall be furnished with a space or locker for properly storing personal items including clothing. Within 90 days from the date hereof, a report will be submitted to this Court indicating what steps have been taken to comply with the requirements of this paragraph.
OVERCROWDING
1. All inmates shall be furnished a bed for sleeping purposes if held overnight. Bedding shall comply with Rule 10D-7.07(3), Rules of the Department of Health and Rehabilitative Services, State of Florida.
2. The number of inmates in the Jail shall not exceed 239 inmates on a normal daily basis. No more than 213 inmates may be males. Female inmates shall not exceed 26 in number. No cell or cellblock shall contain more inmates than the number for which the various cells or cellblocks were constructed.
4. Commencing January 1, 1977, a quarterly report shall be submitted to this Court which includes a recital of any and all existing plans or proposals not heretofore reported to this Court with respect to the construction of additional correctional institutions in Escambia County, Florida.
4A. Nothing in this section of this order, or any other portion of the order, shall require compliance with any provisions of this order by any defendant that cannot be accomplished by such defendant without violation of any law of Florida.
5. Commencing January 1, 1977, and continuing quarterly thereafter, a report shall be submitted to this Court stating by offense the number of individuals booked into the Escambia County Jail during the preceding quarter.
CLASSIFICATION SYSTEM
1. No juvenile shall be housed in the Escambia County Jail at any time unless the housing of juveniles in the Jail complies with the applicable provisions of Chapter 39 of the Florida Statutes. As used in this paragraph, juvenile means a child as defined in Chapter 39, Florida Statutes.
2. No pre-trial detainees shall be housed in the same cell with any person convicted of a crime.
3. A plan shall be immediately instituted requiring a procedure for the confinement of inmates by classification providing, whenever possible, for classifications which separate males from females, felons from misdemeanants, and, in addition, providing for the separation of unusual prisoners, such as the mentally ill, alcoholic or narcotic addicts, sex deviates, suicide risks, and any other classification which defendants may deem necessary for the safety of the inmates and the operation of the Jail. Within 60 days from the date hereof, a report shall be submitted to this Court setting forth what steps have been taken to provide for the separation of unusual prisoners as heretofore described. Said report shall also state what problems, if any, are being encountered with respect to complying with the provisions of this paragraph.
DUE PROCESS IN JAIL DISCIPLINE
Procedures for insuring due process in jail disciplinary proceedings shall be immediately instituted. Said procedures shall, at a minimum, comply with Rule 10B-17(13), Rules of the Department of Health and Rehabilitative Services Division of Corrections. Within 60 days from the date hereof, a report shall be submitted to this Court showing compliance with this paragraph and showing notice to the inmate population of the adoption of said procedures.
MEDICAL FACILITIES AND TREATMENT
1. Immediate steps shall be taken as are necessary to obtain a satisfactory arrangement including a written contract of health services providing for the admission, treatment, and diagnosis of inmates on both a consultative and an emergency basis.
2. Immediate steps shall be taken as are necessary to obtain the services of a physician on call at the Jail or at an appropriate medical facility 24 hours a day, seven days a week, 52 weeks a year.
3. Immediate steps shall be taken to institute an efficient communication system for the purpose of insuring that inmates are able to notify a member of the medical staff of the need for medical assistance. Said information shall be posted in the catwalk area outside each cellblock. This communication system shall require that a member of the medical staff immediately be notified of any inmate’s health complaint and the nature of said complaint, that the member of the medical staff either immediately consult with a physician to determine the treatment for the inmate if the inmate’s complaint is of an emergency nature or submit a report to a physician and insure that the inmate is examined by a physician within 24 hours of the inmate’s complaint. The physician shall make a report of the inmate’s examination and any treatment ordered.
4. Until the provisions of paragraphs 1-3 are complied with, a report shall be submitted to this Court every 30 days indicating the status of the efforts to comply with the provisions of paragraphs 1-3.
5. Jail inmates shall be furnished such special diets as prescribed by a physician or any other member of the Jail medical staff.
6. Any inmate requiring hospitalization due to a potentially infectious or contagious disease, mental illness, or any other ailment requiring hospitalization, shall not be housed in the Jail except upon emergency application to the Court.
7. No Jail personnel shall administer or handle medication prescribed by medical authority unless duly authorized by all applicable authorities to perform such tasks.
FOOD AND ITS DISTRIBUTION
1. Immediate steps shall be taken as are necessary to obtain the services of a trained dietician, nutritionist, or food director to regularly review the food menus, preparation and service.
2. Food shall be served at the proper temperatures, fresh and in a reasonable variety and quantity.
3. Immediate steps shall be taken to insure that food shall continue to be served with the use of heated, covered food service carts and in the events said food service carts become inoperable, a report shall be submitted to this Court indicating the reasons for such inoperability.
4. Within 120 days after acquiring the services of the trained dietician, nutritionist, or food director, as required herein, a report shall be submitted by said dietician, nutritionist, or food director, containing an opinion as to the adequacy or inadequacy of the patterns with respect to staffing and supervision of personnel required in the operation of the Jail kitchen.
5. No individuals shall work in the food handling functions of the Jail without having first been medically screened (i. e., by issuance of a health record card) and without the direct supervision of similarly screened Jail personnel.
6. The Jail kitchen and food service shall be inspected monthly by the Escambia County Health Department or other agency approved by the Court, utilizing the same minimum requirements as required for restaurants serving the public, and the reasonable recommendations and requirements made by the Escambia County Health Department or such other agency shall be immediately implemented. Copies of all such reports shall be submitted to this Court within five days after the inspections as required herein.
7. Immediate steps shall be taken to institute a routine cleaning schedule for the food service areas on a daily basis and providing for adequate supervision and responsibility to designated persons. Within 30 days from the date the assistance of the Escambia County Health Department or such other agency is obtained as required herein, a report shall be submitted to this Court indicating the opinion of such department or agency as to the adequacy or inadequacy of the routine cleaning schedule for the food service areas as required herein.
8. Immediate steps shall be taken to acquire the services of a qualified person in the field of institutional restaurant equipment and a report of said person shall within 90 days from the date hereof be submitted to this Court reflecting said person’s opinion as to the adequacy or inadequacy of the food service area and equipment present in the Escambia County Jail. Said report shall include an opinion of the aforesaidperson as to the requirements to adequately equip and lay out said food service area. Such report and opinion shall be complied with by the defendants unless and except to the extent that such compliance is excused by the Court.
9. Within 90 days from the date hereof, a plan shall be submitted to this Court outlining the feasibility of providing inmate meals in areas of the Jail other than the cellblocks where meals are presently served.
RECREATIONAL, EDUCATIONAL AND TRAINING FACILITIES
1. Immediate steps shall be taken as are necessary to establish the following:
(a) Group and individual counseling programs.
(b) Basic and remedial education programs including remedial reading programs.
(c) Expansion of existing religious programs.
(d) A recreation program including daily exercise programs. Inmates shall be afforded the opportunity for one hour of daily outdoor exercise within 30 days from the date hereof. Exceptions for weather or security shall be reported to the Court within 15 days specifying the reason for the exception.
2. Quarterly reports, beginning January 1, 1977, shall be submitted to this Court describing all volunteer programs and other programmatic activities available to the inmates in the Escambia County Jail, which report shall set forth an estimate of the effectiveness of each particular program.
3. Prompt arrangements shall be made for library services to inmates. There shall be no censorship of books or periodicals supplied to, purchased by, or given to inmates, except that Jail personnel may forbid the introduction into the Escambia County Jail of books or periodicals which would come clearly within the definition of obscenity established by the recent decisions of the Supreme Court of the United States. Censorship resulting in deprivations from inmates of any publication shall be rationalized in writing.
4. Inmates can subscribe to and otherwise receive books, newspapers and periodicals from any source.
GUARD CONTROL AND SUPERVISION
1. Immediate steps shall be taken as are necessary to hire and train sufficient correctional officers as may be necessary to supervise properly the inmates of the Jail. There shall be at least three officers on the upstairs floor per shift.
2. Administrative officials of the Jail shall assign the remaining additional personnel so as to insure the safety of the inmates and otherwise facilitate compliance with the various programs of this permanent injunction.
3. All such additional personnel shall be adequately and properly trained. Within 60 days from the date hereof, a report shall be submitted to the Court setting forth what steps have been taken with respect to implementing this requirement, which report shall include a description of the contents of said training program.
4. Commencing 30 days from the date hereof and continuing monthly thereafter, a report shall be submitted to this Court setting forth what steps have been taken and are at the time of said reports being taken to comply with the requirements of this section. Said reports shall include a listing of all employee positions authorized and whether said positions are filled.
VISITATION AND COMMUNICATION
1. Immediate steps shall be taken as are necessary to establish visiting programs, which shall include daily visiting hours and shall include evening visitation some evenings of each week, and to remove the limitations on visits with pre-trial detainees by children and by persons not being members of the inmate’s family. Within 180 days from the date hereof, steps shall be taken as are necessary to provide a system of daily contact visiting for pre-trial detainees. Beginning 90 days from the date hereof,
a quarterly report shall be submitted to this Court setting forth what steps have been taken to comply with these requirements or showing cause why a system of contact visiting cannot be implemented within the time frame required.
2. Immediate provision shall be made for pre-trial detainees’ local telephone calls daily during stated hours, both in the daytime and the evening. Inmate telephone calls shall not be monitored by Jail personnel, except as provided for by the laws and administrative regulations of the State of Florida and the United States.
3. The facility presently available at the Escambia County Jail for the delivery of clothing, health and comfort items and money for inmates shall be open daily, both in the daytime and in the evening (before 8 o’clock). Said facility shall always be open during established visiting hours.
4. There shall be no opening or other interference with any incoming or outgoing mail of inmates, except to open and inspect in the presence of the inmate any letter where Jail officials have reasonable grounds to suspect such communication is an attempt to formulate, devise or otherwise effectuate a plan to escape from the Jail, or to violate the laws or administrative regulations of the State of Florida or of the United States. Jail officials may also inspect an inmate’s mail for contraband only in the inmate’s presence but in such case shall not read the mail. Inmate mail shall be delivered to inmates on each day that the postal service normally delivers mail.
IMPAIRMENT OF DEFENSE AT TRIAL
1. Attorneys representing inmates in the Escambia County Jail shall have access to said inmates at anytime within 12 hours of arrest. Normal visiting hours for attorneys shall otherwise be between 6 A. M. and 10 P. M. daily.
2. Immediate steps shall be taken to furnish adequate facilities for attorney-client conferences, which facilities shall insure the confidentiality of attorney-client communications. Attorneys shall be given priority for use of these facilities.
3. A law library shall be available for daily inmate use and shall include within 60 days from the date hereof:
United States Supreme Court Reports, Lawyers’ Edition, Second Series;Southern Reporter, Second Series (Florida Cases) commencing volume 121;Florida Statutes Annotated, Volumes 22-24, 33 and 34;United States Code Annotated, Titles 18, 28, and 42, §§ 1891-1988;Florida Rules of Criminal Procedure (25 copies);Federal Rules of Criminal Procedure;Federal Rules of Civil Procedure;Black’s Law Dictionary.
SUMS TO DISCHARGED INMATES
There shall be immediate compliance with Section 951.04, Florida Statutes, which provides sums to discharged inmates. It is further
ORDERED AND ADJUDGED
The foregoing constitutes this Court’s findings of fact and conclusions of law pursuant to Rule 52(a) of the Federal Rules of Civil Procedure; and, it is further
ORDERED AND ADJUDGED
This Court retains jurisdiction for the purpose of further implementation of this permanent injunction and such other orders as are appropriate. Costs are taxed against the defendants.»