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Kelly v. Wengler

Status: Ongoing
Last Update: May 23, 2016

What's at Stake

This case, filed by the ³Ô¹ÏÖ±²¥ and ³Ô¹ÏÖ±²¥ of Idaho, seeks to put a stop to the culture of rampant violence that has led to carnage and suffering among prisoners at officials at the Idaho Correctional Center (ICC), the state-owned facility operated by the for-profit company Corrections Corporation of America (CCA).

The class action complaint identified epidemic violence at the facility as the direct result of, among other things, ICC officials turning a blind eye to brutality, a prison culture that relies on the degradation, humiliation and subjugation of prisoners, a failure to discipline guards whose misconduct precipitated assaults, and a reliance on violence as a management tool. After reaching a settlement agreement in September 2011 requiring policy changes and systemic improvements, the ³Ô¹ÏÖ±²¥ continues monitoring CCA’s compliance to ensure that violence is actually reduced, to protect both prisoners and guards.

UPDATED MAy 23, 2016: A federal appeals court has upheld a contempt order against CCA for violating terms of a settlement agreement over how it ran the Idaho Correctional Center.

The ruling stems from a federal class-action lawsuit brought by the ³Ô¹ÏÖ±²¥ against CCA on behalf of prisoners incarcerated at the facility. The complaint alleged deliberate indifference by CCA officials, inadequate staffing and supervision, and a failure to adequately investigate acts of violence at the prison.

The case settled, and as part of the agreement CCA was to make a numerous improvements designed to reduce violence in the prison. It failed to do so, prompting the contempt proceedings. The Ninth Circuit Court of Appeals today upheld a 2013 contempt order against CCA, which no longer operates the facility. The Ninth Circuit ruling is here.

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