By PETER HUSSMANN
Forty-one inmates at the Newton Correctional Facility have filed federal prisoner civil rights violation complaints against the Newton prison allegedging a variety of infractions including improper medical care, unsafe living conditions and policy enactments that go beyond the scope in place at other penal institutions in the state.
The individual mirror-image petitions, all filed last Wednesday in federal district court in Des Moines, were spearheaded by inmate Jack L. Losee, who is serving a life sentence for the murder of two Des Moines residents in 1982.
The 51-page petitions outlines a number of causes of action against the Newton prison facility, including:
- that prisoners confined to handicapped cells suffer from respiratory damages due to the lack of pea traps in the cells' sinks that allows the escape of sewer gas,
- leaking roofs have allowed black mold to develop in building and shower areas,
- inmates are being held in disciplinary cells without disciplinary sanction, are not allowed access to legal materials, are forced to shower and exercise "in the middle of the night," have inadequate exercise areas and equipment and do not have access to adequate winter clothing,
- property allowed prisoners at other penal institutions are banned at the Newton site,
- Native Americans at the prison were required to purchase supplies for sweat lodge ceremonies and were not reimbursed when it was determined such supplies were to be provided without charge,
- electrical outlets do not meet code,
- prisoners housed in three-man bunk cells are forced to endure unsafe and unsanitary conditions and noise levels in the day wings can cause medical problems,
- mail restrictions have been established that violate prisoners' First and Fourteenth Amendments,
- and some prisoners are denied visitation and communication with "their loved ones."
Losee individually is seeking $30,000 in compensatory damages for the prison staff's refusal to adequately diagnose and treat on-going pain issues involving his knees and the impact of pain relief measures undertaken that could have a negative impact on his liver due to his hepatitis C medical condition.
"The issues listed are varied and many, involving all (Newton Correctional Facility) inmates because NCF is so dysfunctional in its running, policies and practices; and though some of the issues listed may not in and of themselves violate the constitution enough to satisfy the court, the totality of the conditions add up to create an overall effect that is unconstitutional," the suit concludes.
Also named as defendants are the Iowa Department of Corrections, its director John Baldwin and Newton warden Terry Mapes.
Recent Comments