Latest news with #inmatesrights
CTV News
4 hours ago
- CTV News
Strip search of inmates at Milton jail to be investigated by Ontario's Ombudsman
The Maplehurst Correctional Complex is shown in Milton, Ont., on Friday, March 8, 2024. THE CANADIAN PRESS/Nathan Denette The province's Ombudsman has launched an investigation into an incident at Maplehurst Correctional Complex where several inmates were stripped to their boxers and forced to sit on the floor and face the wall. The incident took place following the assault of a correctional officer in December 2023. In an announcement on Monday, Ontario Ombudsman Paul Dube said the investigation is being conducted 'due to significant public concerns about transparency, accountability and inmates' rights.' Dube said his office has been contacted by several inmates and members of the public who are concerned about what happened. The Toronto Star previously released a surveillance video showing the incident at the Milton, Ont., facility. Dube noted that about 60 complaints were received by his office. 'The Ministry has already investigated the incident. What my investigation will cover is the steps the Ministry took as a result, and what it is doing to make sure something like this does not happen again,' Dube said in a news release. According to the Ombudsman, the inmates involved were in Unit 8. After the assault of a correctional officer, the complex's Institutional Crisis Intervention Team (ICIT) was deployed for two days. The Ombudsman said ICIT officers in tactical gear patrolled behind the inmates, who were sitting on the floor facing the wall with their hands zip-tied and only wearing boxer shorts. 'When an incident occurs in an Ontario correctional facility that impacts the administration of justice and the rights of inmates, it is imperative that we understand why it happened and what is being done to ensure that it does not recur,' Dube said. The Ombudsman noted that the incident resulted in some inmates having their sentences reduced, and in one case, the prosecution acknowledged that an inmate's rights under the Charter were violated. Dube's investigation will not examine personnel or disciplinary matters related to individual correctional staff.
CBC
a day ago
- Politics
- CBC
Ombudsman to investigate Ontario's response to strip-search by jail guards in riot gear
Ontario's ombudsman says its office will investigate the province's response to a strip search of inmates by jail guards in riot gear at Maplehurst Correctional Complex in December 2023. In a news release on Monday, Ontario Ombudsman Paul Dubé said the investigation into the ministry of the solicitor general's response is due to public concerns about transparency, accountability and inmates' rights. The strip search followed an assault on a correctional officer at the complex in Halton Region, which holds nearly 1,500 inmates in medium and maximum security. Members of Maplehurst's Institutional Crisis Intervention Team (ICIT) were involved. During the two days in which ICIT correctional officers were deployed at the jail, the ombudsman said inmates in unit 8 were stripped to their boxer shorts, forced to sit on the floor and face the wall with their wrists zip-tied, while correctional officers in tactical gear conducted patrols behind them. "Several inmates and members of the public have contacted us to express concerns about the treatment of inmates by the ICIT over two days in December 2023," Dubé said in the release. "The Ministry has already investigated the incident. What my investigation will cover is the steps the Ministry took as a result, and what it is doing to make sure something like this does not happen again." The Ombudsman received about 60 complaints about the Maplehurst strip search, including from inmates directly involved in the incident. The ministry has finished its internal investigations of the matter, the release said. Subsequently, judges who raised concerns about the incident have reduced the sentences of some of these inmates, according to the ombudsman. In one case, the prosecution argued that an inmate's rights under Canadian Charter of Rights and Freedoms had been violated during the strip search. "When an incident occurs in an Ontario correctional facility that impacts the administration of justice and the rights of inmates, it is imperative that we understand why it happened and what is being done to ensure that it does not recur," Dubé said. According to Dubé, the investigation will also look at what safeguards can be put in place to prevent a similar incident. The investigation will not look at personnel or disciplinary matters concerning individual correctional staff, he said.
CBS News
29-05-2025
- Health
- CBS News
Federal judge allows lawsuit over "excessive heat" at Miami-Dade prison to proceed
A federal judge has rejected a request by Florida corrections officials to dismiss a potential class-action lawsuit alleging the state has violated inmates' rights because of hot conditions at a prison in Miami-Dade County. U.S. District Judge Kathleen Williams on Wednesday issued a 30-page ruling that said inmates at Dade Correctional Institution can pursue claims under the U.S. Constitution's 8th Amendment, the Americans with Disabilities Act and a disabilities-related law known as the Rehabilitation Act. The 8th Amendment bars cruel and unusual punishment. Harsh conditions at Dade Correctional Institution Williams' ruling described a prison with a large number of older inmates that does not have air conditioning or adequate ventilation in dormitories or in the dining area. It also detailed heat indexes that often top 100 degrees in South Florida and said inmates are "regularly and consistently exposed to heat indexes within the NWS (National Weather Service) danger zone during the summer months." "Plaintiffs further allege that the issue of excessive heat at Dade CI is exacerbated by insufficient ventilation systems," Williams wrote. "Plaintiffs allege that the ventilation systems in the dormitories, which were installed decades ago, have not been adequately maintained and are missing critical components, such as fans and motors." Lawsuit details and named plaintiffs Attorneys for three inmates filed the lawsuit in October against the state Department of Corrections, Corrections Secretary Ricky Dixon and Dade Correctional Institution Warden Francisco Acosta. It seeks class-action status, though Williams has not ruled on that issue. The prison has a capacity of 1,521 inmates. The named plaintiffs are Dwayne Wilson, who was described in the lawsuit as a 66-year-old inmate with hypertension, an enlarged prostate and a burn scar over much of his body that impairs his ability to sweat; Tyrone Harris, a 54-year-old inmate who has conditions such as hypertension and asthma; and Gary Wheeler, a 65-year-old inmate who has chronic obstructive pulmonary disease. State's defense and judicial rebuttal In a December motion to dismiss the case, the state's attorneys argued, in part, that the 8th Amendment argument "fails because the facts do not give rise to a substantial risk of serious harm to plaintiffs, nor demonstrate that Secretary Dixon or Warden Acosta has been deliberately indifferent to the conditions and risks faced by these (named) plaintiffs in particular." "By itself, the lack of air conditioning does not pose a substantial risk of serious harm. The deprivation required to allege an Eighth Amendment claim must be objectively 'extreme' enough to deny an inmate 'the minimal civilized measure of life's necessities.' The allegations of the complaint (the lawsuit) have not 'cleared this high bar.'" the motion said, partially quoting legal precedents. But Williams wrote that the lawsuit "alleges a wide range of heat related injuries: heat exhaustion, heat cramps, heat stroke, and death. Plaintiffs also extensively detail how excessive heat can exacerbate underlying medical conditions, in a facility where over 50 percent of all prisoners are over the age of 50. Finally, plaintiffs allege that, since 2021, extreme heat has contributed to the deaths of at least four individuals at Dade CI." Evidence of known risks She also said that attorneys for the plaintiffs wrote to Acosta in September 2023 "detailing concerns about the extreme heat, lack of ventilation, and the serious threat of medical harm posted to the inmates based on those conditions. The court finds that the allegations plaintiffs raise about the ongoing excessive heat issues at Dade CI easily support the plausible inference that defendants were subjectively aware of the risks of heat-related harms." The Miami-based judge also cited a report published in 2023 by the KPMG consulting firm, which had received a state contract to develop a master plan for the Department of Corrections. "The report concluded that most FDC (Florida Department of Corrections) dormitories, including those at Dade CI, require retrofitting to comply with current ventilation standards, and that over one-third of FDC facilities were assessed to be in 'critical' or 'poor' condition," Williams wrote.
