Pigeons, rodents infesting prison are sickening incarcerated women, NM suit says

Miami Herald

08-05-2025

Women incarcerated in New Mexico are suing the state corrections department, saying little has been done to address 'filthy' kitchen conditions at their prison where an infestation of pigeons and other pests have contributed to an ongoing health crisis.
According to the lawsuit brought by five women at Western New Mexico Correctional Facility in Cibola County, more than half of the female inmates have been sickened by H. pylori, a contagious bacterial stomach infection as the result of 'abhorrent and dangerous food safety issues.'
Those who've tested positive for H. pylori have 'experienced severe gastrointestinal symptoms, including stomach pain, nausea, vomiting, bloody diarrhea, and acid reflux,' a complaint filed March 20 in Santa Fe County District Court says.
The outbreak is exacerbated by several factors, including meals prepared in an unsanitary kitchen that are then served in chow halls 'overrun with pigeons, rodents and cockroaches,' according to the complaint provided to McClatchy News.
'The entire prison grounds are infested with pigeons,' the complaint says.
Attorney Parrish Collins, who's representing the lawsuit, said in a statement to McClatchy News on April 6 that 'this a major health crisis created by contaminated food and it is ongoing.'
Alongside the New Mexico Corrections Department, the complaint names the state, the prison's contracted food provider, Summit Food Service Management, and contracted health care provider, Wexford Health Services, as defendants.
Brittany Roembach, the public information officer for the corrections department, said in a statement to McClatchy News on April 4 that 'our food services are prepared in strict adherence to health and safety codes.'
Roembach declined to comment on the lawsuit, but said state corrections facilities are inspected by the New Mexico Environment Department each year.
'Notably, the Western New Mexico Correctional Facility successfully passed its most recent inspection in January, with flying colors,' Roembach added.
Wexford Health declined McClatchy News' request for comment on April 6, as it doesn't comment on litigation, according to Wendelyn R. Pekich, the organization's vice president of marketing, strategic communication & proposal development.
Summit Food Service said in an emailed statement to McClatchy News on April 9 that 'Summit Food Service, alongside our client, is committed to food safety and has consistently passed comprehensive health inspections at this facility.'
'Though we have not been served with a lawsuit related to these allegations, we will continue to monitor the situation,' the company added.
The organization self-describes the company as a 'national leader in corrections food and commissary services.'
Lack of medical care
At the prison, located about an 80-mile drive west of Albuquerque, the women sickened by H. pylori have still experienced symptoms following antibiotic treatment, according to the lawsuit.
Medical employees are accused of failing to provide follow-up care.
'Medical staff routinely ignored or dismissed inmate complaints about foodborne illnesses, often offering only basic over-the-counter medication, such as Pepto Bismol or Simethicone, instead of conducting thorough medical evaluations,' the complaint says.
Considered a chronic infection more likely found in developing countries, H. pylori mostly spreads through the 'fecal–oral route,' according to the Centers for Disease Control and Prevention.
It's 'the major cause of peptic ulcer disease and gastritis worldwide,' the agency says.
Those infected with H. pylori have an increased risk of developing associated cancers, according to the CDC.
Food safety issues
In the prison's chow halls, the complaint says meals are served to inmates on trays that have been exposed to pigeons and the birds' fecal matter.
With a pigeon infestation problem inside the prison, pigeons have landed and defecated on trays, according to the complaint.
'The food trays are not properly cleaned so there is prior day's food on the trays along with fresh and stale pigeon feces,' the complaint says.
The complaint also details multiple issues involving the facility's kitchen, including its lack of cleaning capabilities.
The kitchen has gone without a working dishwasher and hot water, preventing proper disinfection, the complaint says.
Additionally, according to the filing, the kitchen has been found to have mold and rats.
The kitchen's staff are accused of failing to follow basic hygiene standards.
Of the inmates who have dietary or religious restrictions involving food, the complaint says these women 'were routinely denied appropriate meals' by staff and were forced 'to eat contaminated or nutritionally inadequate food.'
Retaliation following complaints
Those who've complained about the prison's food quality have faced retaliation, the complaint says.
In April 2024, the American Civil Liberties Union of New Mexico sent a letter to the prison's former warden, Rick Witten, expressing concern over the facility's H. pylori cases, according to the Santa Fe New Mexican, which first reported on the lawsuit.
According to the lawsuit, the then-warden promised the issue was 'under control' in a response dated April 10, 2024.
Since then, the five plaintiffs have been infected with H. Pylori.
Parrish told McClatchy News that 'the food issues go far beyond the issues addressed in this lawsuit.'
'The food puts not just inmates at risk but correctional officers and medical personnel,' Parrish said. 'The costs to taxpayers goes far beyond the prison gates.'
Parrish has represented dozens of related lawsuits filed since early 2018, including a case brought by state correctional officers over conditions at the Central New Mexico Correctional Facility, he said.
More plaintiffs will join the five women who are suing over the conditions at Western New Mexico Correctional Facility, according to Parrish, who will be filing an amended complaint.
Their lawsuit argues court intervention is needed.
'Plaintiffs and the women at WNMCF generally are suffering ongoing harm,' the complaint says.
They are at 'great risk of the most serious outcomes of H. pylori.'
With their lawsuit, the women are asking for a judgment that declares their constitutional rights have been violated, relief including compliance with state and federal food safety regulations, transparency, oversight and more.