JUSTICE DEPARTMENT FINDS UNCONSTITUTIONAL CONDITIONS AT TWO ARKANSAS CORRECTIONAL UNITSWEDNESDAY, DECEMBER 3, 2003 WASHINGTON, D.C. - The Justice Department today announced its findings and conclusions regarding conditions of confinement at the McPherson and Grimes Correctional Units in Newport, Arkansas. The Department found unconstitutional conditions, most notably significant deficiencies in the state of Arkansas’ provision of medical care for persons with serious medical conditions. These findings - along with the Justice Department’s recommended remedial measures - are the result of an investigation conducted by the Department’s Civil Rights Division pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA). The Justice Department investigation found that both facilities demonstrate deliberate indifference toward the serious medical needs of inmates. As examples, one inmate who had recently undergone open-heart surgery was given Tylenol and sent back to his housing unit after he complained of chest pains. Another inmate, who three times complained of chest pains during a two-week period, likewise was not referred to a doctor. A third inmate, who complained of nausea, vomiting and right lower quadrant tenderness, was not referred to a physician even though his symptoms were consistent with appendicitis. Inmates for whom a biopsy or other tests were recommended following a positive test for potential cancer did not receive these tests for several months. Inmates, likewise, who suffered from chronic diseases such as diabetes, did not receive annual eye examinations necessary to detect retinal disease, which, if left untreated, may result in preventable vision loss. The investigation further found that both facilities failed to adequately protect inmates from physical harm and sexual misconduct, as well as unsafe conditions. The text of the findings letter may be found at: www.usdoj.gov/crt/split/documents/mcpherson_grimes_findinglet.pdf. Notwithstanding the deficiencies noted above, the Justice Department commends the State of Arkansas for cooperating with this investigation. The Department looks forward to continued cooperation as the state works to remedy the problems reported in the findings letter. CRIPA authorizes the Attorney General to investigate conditions in certain institutions owned or operated by, or on behalf of, state or local governments. These institutions include nursing homes, residential facilities serving people with mental retardation and other developmental disabilities, mental health facilities, jails, prisons, and juvenile correction facilities. CRIPA’s focus is on systemic deficiencies rather than individual, isolated problems. Since early 2001, the Department of Justice has opened 32 new CRIPA investigations covering 40 facilities, a 100 percent increase over the comparable prior period of time. In FY 2003 alone, the Justice Department opened 11 new facility investigations. “The Justice Department is committed to vigorous enforcement of the Civil Rights of Institutionalized Persons Act,” said R. Alexander Acosta, Assistant Attorney General for the Justice Department’s Civil Rights Division. “We are confident that the state of Arkansas will work to remedy these deficiencies.” More information about the Special Litigation Section of the Justice Department’s Civil Rights Division can be found at www.usdoj.gov/crt/split/index.html. |
|