Lawsuit targets Arpaio's jail system
August 11th, 2008 @ 6:01am
by Associated Press

A decades-old lawsuit that alleges inhumane treatment inside Maricopa County jails has been resurrected and will be heard by a new judge.

The class-action lawsuit was first filed in 1977 and is headed back to court Tuesday.

It alleges that inmates who have not yet been convicted of a crime are prevented from eating adequate food and are denied health care and housing in violation of constitutional provisions that protect them from punishment.

Inmate attorneys, in papers filed with the U.S. District Court in Phoenix, paint a horrifying portrait of life inside Maricopa County jails, including overcrowded intake units to cries for medical care that go unanswered.

The Maricopa County Sheriff's Office denies the claims, maintaining the jails are run constitutionally.

Both pretrial and sentenced inmates have access to outdoor exercise, recreation areas, educational programs, religious services and substance-abuse classes, said Jack MacIntyre, an attorney and chief deputy for the sheriff's office.

They're screened for health problems, fed a balanced diet and may receive medical, psychiatric or psychological services, he said.

``It's way beyond constitutional minimums,'' Macintyre said. ``The jail in this county is not punishment. But it sure is not a free ride.''

U.S. District Judge Neil Wake will hear testimony from expert witnesses, jail officials and inmates during hearings that begin this week and are expected to last nearly a month.

Phoenix attorney Debra Hill, who represents the inmates in the class-action lawsuit, says Sheriff Joe Arpaio and his staff provide unsafe jail environments for people who are arrested and not even convicted.

``People should not become ill because they are served bad food in jail,'' she said. ``They should not contract diseases because they are placed in a cell with an infected inmate. They should not be denied needed medications.''

The inmates are suing both the sheriff's office and Correctional Health Services, a separate agency responsible for the medical, mental and dental care of inmates, including monitoring chronic conditions like HIV and diabetes, as well as serious mental illness.


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