Corrections Corporation of America

March 1 – The Tennessee Supreme Court declined to hear an appeal in a public records case involving CCA, the nation’s largest for-profit private prison firm. The case was originally filed in May 2008 by Alex Friedmann, associate editor of Prison Legal News, a non-profit monthly publication that reports on criminal justice issues. CCA had denied Freidmann’s request for documents related to lawsuits filed against the company and for reports or audits that found contract violations by CCA, among other records. The Chancery Court of Davidson County ruled in Friedmann’s favor on July 29, 2008 and CCA was ordered to produce the requested documents. On appeal, CCA strenuously claimed that it was not subject to the Public Records Act because it was not the “functional equivalent to a state agency.” However, the Court of Appeals rejected that argument. “With all due respect to CCA, this Court is at a loss as to how operating a prison could be considered anything less than a governmental function,” the appellate court observed in a September 16, 2009 ruling. CCA appealed the appellate decision to the state Supreme Court. In declining to hear the appeals on March 1, the Supreme Court left intact the appellate court’s previous ruling. “This decision by the Tennessee Supreme Court brings us one step closer to ensuring that CCA is held accountable to the public to the same extent as the government agencies it contracts with, which will bring much-needed transparency to CCA’s private prison operations in Tennessee,” Friedmann said. He noted that CCA’s contracts are funded with taxpayer dollars, and members of the public thus have a right to know how their money is being spent, particularly in regard to the operation of prisons, which is a fundamental government function. 

 

March 1 – A string of sexual misconduct allegations at a Kentucky prison operated by CCA could threaten the company’s contract with the state. A lawsuit filed by a former inmate at the Otter Creek Correctional Complex alleges that a male CCA guard at the female prison routinely forced her into non-consensual sexual acts. Kentucky Gov. Steve Beshear previously announced in January that all female inmates at the prison will be moved to a state facility due to previous allegations of a similar nature. The male inmates of that state prison will be transferred to other prisons, including Otter Creek. “As a result of the troubling allegations and incidents that Otter Creek experienced in managing a female population, we instituted more stringent operating and reporting requirements, and limited the extension of their contract to the end of the current fiscal year so we could review their progress and assess our options,” Beshear said in the announcement. CCA spokesman Steve Owen said the switch from female inmates to male ones at Otter Creek is not expected to have any material effect on CCA’s finances. Asked about the extension of the contract being limited to the end of the current fiscal year, Owen said the matter is still under discussion with the Kentucky Department of Corrections as part of the overall modification to the contract. 

 

March 2 – In Florida, Hernando Sheriff, Richard Nugent, believes he can take over operations of the county jail and save the county money. Due to the current economic condition of the county and the continually rising costs of the county’s contract with CCA to operate the jail, Nugent said he has conducted research into the possibility of his office assuming the task. The sheriff will make a presentation to county commissioners at their meeting on March 9th. Nugent met with several sheriff jail administrators throughout Florida, showing that his office can provide a better and more efficient service while reducing the County’s cost of operating the jail. 

 

March 4 – Diamondback Correctional Facility in Watonga, Oklahoma is closing within the next 60 days, due to Arizona ending its private prison contract. CCA, owner of Diamondback, issued 60-day termination notices to all employees at the facility. 

 

Cornell Corrections

 

March 6 – A former Cornell mental-health aide pleaded no contest in Erie County Court in Pennsylvania to charges that he had indecent contact with a 14-year-old resident at the center. Kito Dixon, 30, did not contest counts of indecent assault and corruption of minors. In exchange for his plea, the prosecution dropped a third-degree felony charge of institutional sexual assault. Police said a girl, now 15, told a counselor at the Children’s Advocacy Center that Dixon made inappropriate comments to her and touched her breast April 11 as she was getting ready for bed at the residential rehabilitation center for troubled juveniles.