ACLU reconsiders lawsuit for jail
Coeur d'Alene Press | UPDATED 13 years, 1 month AGO
NAMPA (AP) - The ACLU of Idaho may take Canyon County back to court over what inmates say are unsanitary and overcrowded conditions at the county jail.
The ACLU first sued the county over conditions at the jail in 2009 on behalf of prisoners, alleging problems with overcrowding, plumbing, mold and other basic maintenance needs. The two sides eventually signed a two-year consent decree, with Canyon County agreeing not to overcrowd the jail and to fix any problems within 48 hours.
But that decree expires in January, and ACLU of Idaho Executive Director Monica Hopkins said her organization is considering taking the county back to court after inmates complained overcrowding and other problems continue.
Jail security services administrator Capt. Dana Maxfield says allegations of overcrowding are false, and any maintenance problems are fixed promptly.
Hopkins said the organization's legal team visited the jail Wednesday after hearing from inmates who said they were forced to sleep on the floor because of overcrowding and to walk through water from leaking toilet pipes, among other concerns.
"We're investigating the possibility of taking them back to court for contempt, for willful violation of the consent decree," Hopkins said. "They have to run a constitutionally compliant facility. When they violate the Constitution we take them to court."
Maxfield said the jail keeps a daily report to make sure inmate numbers are in line with the consent decree. He said the jail has been within the cap, and no inmate has been forced to sleep on the floor.
A compliance officer walks through the facility every day looking for any possible violations of the decree, he said, and any problems are promptly reported and fixed.
"If we have a toilet that's leaking, we shut it down," Maxfield said.
The county bought 26 acres four years ago for $1.7 million in hopes of building a new jail, but voters have twice turned down bonds that would have funded the construction. Now the Idaho Statesman reports that county commissioners are talking about possibly using the site to bring in new industries instead and looking for a new location for a jail that would be closer to the county courthouse.
Canyon County Sheriff Chris Smith said the county has adequately resolved the issues listed in the consent decree. He worries that a new challenge will cost the county money, and says the ACLU may see a monetary incentive in taking the county to court. A court could order the county to pay the ACLU's legal fees.
Hopkins said the organization will only file a lawsuit to ensure that inmates' constitutional rights are respected, not to garner legal fees.
"It's not the ACLU that's costing the taxpayers money. It's the Canyon County Sheriff and officials that are running a constitutionally deficient facility," she said.
In November, the ACLU filed a separate lawsuit contending jail employees retaliated against inmates who complained about problems in the jail. That lawsuit is still pending.