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Book Review: Against Their Will

Against Their Will: The Secret History of Medical Experimentation on Children in Cold War America

By Allen M. Hornblum, Judith L. Newman, and Gregory J. Dober

Palgrave-MacMillan

266 pages.  $27.00

Reviewed by Christopher Zoukis

According to Oswald Spengler, “Moral is a conscious and planned causality of conduct, apart from all particulars of actual life and character, something eternal and universally valid, not only without time but hostile to time and for that very reason ‘true.’”  Spengler goes on, adding that “Every moral action is a piece of this sacrifice, and an ethical life-course is an unbroken chain of such sacrifices.  Above all, the offering of sympathy, com-passion, in which the inwardly strong gives up his superiority to the powerless.”[1]

What happens when educated, powerful people withhold sympathy and compassion toward the powerless?  What happens when individuals set aside Spengler’s definition of morality and adopt the Jesuit philosophy that the end justifies the means?  Answer:  despicable events occur, events like those described in the difficult and frightening book by Allen M. Hornblum,Judith L.  Newman, and Gregory J. Dober – Against Their Will.  The book is difficult to read not because it’s dry and overly literary, but rather because it’s emotionally grueling.  And it’s frightening because it demonstrates the ethical sinkhole into which humans can descend.

Against Their Will relates a true story, the story of children exploited as subjects in medical experiments.  The medical experiments were not performed by psychotic Nazi physicians, like Dr. Mengele; they were performed by ruthless, single-minded American doctors of medicine who deluded themselves, believing they were pursuing reality, truth, undeviatingly to the end.  And in their pursuit, they became monsters of the worst sort.

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Five Prisoner Deaths In Eighteen Months

By Matt Clarke

The deaths of five prisoners in 18 months might pass without notice in a large jail system, but that many deaths at the 270-bed Portage County jail, located about 30 miles southeast of Cleveland, Ohio, raised red flags.

An investigation by the Cleveland Plain Dealer revealed that Matthew P. DiBease, 29; Amanda Michael, 32; Kenneth R. Mantell, 26; Mark D. Shaver, 32; and Joshua D. McDaniel, 25, all Portage County jail prisoners, died during an 18-month period ending in mid-October 2011. DiBease, Michael and Mantell had all committed suicide by hanging.

Three suicides within 18 months at a 270-bed jail “far exceeds” the average for suicides in a facility that size, according to Lindsay Hayes, executive director of the National Center on Institutions and Alternatives, which conducts research on suicides in custody. Hayes noted that such a high rate should have “set off alarms with the sheriff and jail administration.”

David W. Doak, Sheriff of Portage County since he was first elected in 2008, said that although his department had increased suicide prevention training for jailers, it is difficult to assess who is a suicide risk because prisoners aren’t always honest with medical staff who perform risk evaluations.

“When someone makes up their mind to hurt themselves, that’s a real difficult thing to deal with,” he stated.

Doak defended his reduction in jail staff against accusations that the staffing cuts created an unsafe environment at the facility, noting that budgetary considerations had forced the reductions. The Ohio Patrolman’s Benevolent Association argued against the cuts in 2010, but an arbitrator upheld the sheriff’s right to determine staffing levels at the jail.

Whatever the case, the fact remains that DiBease, who informed jail medical staff that he took medication for a bipolar disorder, hung himself with a sheet on October 29, 2011, less than a day after being booked into the facility for failing to appear at a court hearing.

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Los Angeles Jail Reforms

By Mike Brodheim and Alex Friedmann

WITH SEVEN FACILITIES THAT HOUSE from 15,000 to 18,000 prisoners, Los Angeles County’s jail system is the nation’s largest – and, arguably, among the most dangerous in terms of staff-on-prisoner violence.

The jail system, operated by the Los Angeles County Sheriff’s Department (LASD), is facing an investigation by the FBI into allegations of corruption and abuse, as well as multiple lawsuits. Sheriff Leroy David “Lee” Baca, 70, has committed to numerous reforms following a report and recommendations by the Citizens’ Commission on Jail Violence, but people familiar with long-standing problems in the county’s jails remain skeptical.

A Continuing Culture of Violence

THE LASD JAIL SYSTEM HAS BEEN UNDER federal court oversight since the 1970s when, following a 17-day trial, an injunction was issued that ordered the county to improve jail conditions – including overcrowding, inadequate exercise, and lack of clean clothing and telephone access. The American Civil Liberties Union (ACLU) had initially sued Los Angeles County in 1975, alleging that overcrowded conditions, systematic abuse of prisoners by sheriff’s deputies and inadequate medical care violated the Eighth Amendment’s ban on cruel and unusual punishment. See: Rutherford v. Baca, U.S.D.C. (C.D. Cal.), Case No. CV 75-04111 DDP. [PLN, March 2007, p.35].

A renewed deterioration of jail conditions led to the reopening of the case in 1984. Since then, a number of court-appointed parties and experts, including the ACLU, have been monitoring conditions within the county’s jail system. Other oversight agencies include the Office of Independent Review (OIR) and Special Counsel to the Los Angeles County Board of Supervisors.

In December 2010, the ACLU asked the federal court to order a new trial in the case based on what it described as “an escalating crisis of deputy violence, abuse, and inmate suicides.” Between 2006 and 2011 there were 5,630 use of force incidents reported in county jail facilities, and according to the LASD’s own data, deputies are more likely to use force against mentally ill prisoners. Of the 582 use of force incidents reported in 2011, about one-third involved prisoners with mental health problems.

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Prison Watchdog Demands Info On CCA

By CAMERON LANGFORD of Courthouse News

AUSTIN (CN) – Prison Legal News sued the Corrections Corporation of America, the nation’s largest private prison contractor, for records about its contracts in Texas and lawsuits filed against CCA there.

Prison Legal News, a subsidiary of the nonprofit Human Rights Defense Center, sued CCA in Travis County Court.

“Privately operated prisons and jails are notorious for their abhorrent conditions,” Prison Legal News says in its complaint. “Although they perform a government function, they are driven by a profit model that cuts costs for the benefit of shareholders and to the detriment of basic services, security, and oversight. Prison Legal News seeks to enforce its rights under the Public Information Act to investigate details about these facilities in Texas.”

Prison Legal News “publishes a 64-page monthly magazine with cutting-edge review and analysis of prisoner rights, court rulings and prison issues,” the complaint states. “Its circulation is approximately 7,000 hardcopies per month, and includes subscribers in all 50 states and abroad.

“The information offered by Prison Legal News enables prisoners, civil rights advocates, and organizations to protect prisoners’ rights at the grass roots level. It is in a unique position to investigate, document, and publicize the nationwide abuses of a corporation like CCA.

“Prison Legal News has sought and received public records from CCA in others states using those states’ open records laws, including in CCA’s home, Tennessee.”

The nonprofit claims that CCA blew off its March 1 public records request for records about “Contracts between CCA, the state, and local counties and municipalities … Petitions from lawsuits filed against CCA in Texas … Settlements, verdicts, and injunctive orders entered against CCA in Texas.”

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Prisoners Raped and Sexually Abused While PREA Standards Pending

By Prison Legal News

As described in this issue’s cover story, in May 2012 the U.S. Department of Justice issued a final rule adopting national standards pursuant to the Prison Rape Elimination Act (PREA). The rule was published in the Federal Register and became effective on August 20, 2012; however, state and local corrections agencies were given one year to provide PREA-related training to current employees. Likewise, the first PREA audit cycle, to ensure compliance with the standards, didn’t begin until a year after the rule’s effective date.

Therefore, during the one-year period ending August 20, 2013, state and local corrections officials finalized policies to comply with the PREA standards and trained staff members on PREA-related issues, including “zero-tolerance [policies] for sexual abuse and sexual harassment” and “[h]ow to fulfill their responsibilities under agency sexual abuse and sexual harassment prevention, detection, reporting, and response policies and procedures.”

Concurrently, prison and jail employees nationwide continued a long-standing pattern of raping and sexually assaulting prisoners – a pattern that Prison Legal News has documented extensively. [See, e.g.: PLN, April 2012, p.1; May 2009, p.1; Aug. 2006, p.1].

The following are examples of rape and sexual abuse involving corrections staff reported from August 20, 2012 – when the PREA standards became effective – to August 20, 2013, the start of the first PREA audit cycle. Apparently, these prison and jail employees didn’t pay attention during their PREA training.

Alabama

On June 19, 2013, two Russell County jail guards were arrested for engaging in sexual misconduct with female prisoners. Jacob Brent Phelps and James Blain were charged with felony sexual misconduct with an inmate; another guard, Charles Tarver, was fired for having “inappropriate conversations” of a sexual nature with prisoners. Phelps and Blain were released on $10,000 bond.

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Abuse in Los Angeles Jails Leads to Investigations, Lawsuits and Eventual Reforms

By Mike Brodheim and Alex Friedmann With seven facilities that house from 15,000 to 18,000 prisoners, Los Angeles County’s jail system is the nation’s largest – and, arguably, among the most dangerous in terms of staff-on-prisoner violence. The jail system, operated by the Los Angeles County Sheriff’s Department (LASD), is facing an investigation by the

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