Thursday, May 28, 2009

Inmates Rights, Civil Action #89-54-VAL, so rulled the Honorable Judge Hugh Lawson, Middle District of Georgia Court Order (1997) Who Corrected?

1st Published in 2003, by George Boston Rhynes on behalf of parents, children, inmates, and their love ones.

Their cries, and concerns reached my human heart, along with the (TRAGIC), death of Inmate Mr. Wilie James Williams in September 1998 forced me to seek comfort for people outside of myself.

So if I could place my life on the line for over twenty years in foreign nations, for people that I did not know. Then surely, I could work on behalf of those who have given up hope in our legal system here in the homeland.

So after eighteen years of seeking help for these human beings. I stand committed to fulfill my promise to all who have contacted me.

So please do not blame, for trying to be a better HUMAN BEING.

INFORMATION: Taken from "The Honorable Judge Hugh Lawson," of the United States District Court, Middle District of Georgia, Valdosta Georgia Division.

Civil Action #1989-54-VAL (Ruling October 9, 1997), Consent Order and Decree Decree:

SECTION III. SUBSTANTIVE PROVISION: Ref Court Order 1989-54-VAL) by 1 November 1997?

A. POPULATION. #7 (1-7)

1. [ ] Not more than 606 inmates are housed in LCLEC, consisting of 550 males inmates and 56 female inmates. Para, a.(1)

2. [ ] Is two pods of single cells being used and remains available for special use (i.e. medical or disciplinary isolation). Para a. (2)

3. [ ] Are all inmates provided with a bed, including a bed frame? (Except in the exigent circumstances described in Para 3,4, and 5 below of decree). Para a. (3)

4. [ ] Is the county defendant preparing Jail Count Sheets on a weekly basis and forwarding a copy of the same to plaintiff’s counsel within five (5) business days of the conclusion of each week, while the court retain jurisdiction. Para a (3).

5. [ ] Is housing capacity of 606 being maintained? (And may be exceeded by up to 100 inmates for a maximum period of 72 hours, in the case of exigent circumstance create an unusual and unexpected surge in population but not to be abused. IS THIS BEING FOLLOWED? Para a (4).

6. [ ] Is the LGLEC insuring that no inmate sleeps on the floor with or without a mattress, except by choice of the said inmate. Para a (5).

7. [ ] When it is necessary in exigent circumstances to sleep inmates on the floor they shall be provided a mattress. IS THIS BEING DONE? Para a (5).

8. [ ] Is “exigent circumstances” as used in this order being determined by the Sheriff? (and shall include, but be limited to, over crowding as a result of mass arrest). Para a (6).

9. [ ] Is the population of the LCLEC being determined by reference to a daily head count at the LCLEC. Para a. (7)

10. [ ] Is the headcount being held at the same time each day. Para a. (7)


11. [ ] Is the jail being operated in a racially neutral manner? Para b. (8)

12. [ ] Does Jail Staff use racial epithets? Para b. (8)

C. HEALTH CARE #16 (9-25).

13. [ ] Is sick call held at least five (5) days a week, every week? Para c. (9)

14. [ ] Is prescribed medication being dispensed only by defined medical staff. Para c. (10)

15. [ ] Are inmates being medically screened at the time of booking by a member of the medical staff trained to carry out such screening. Para c. (11)

16. [ ] Is medical screening being recorded on a standard form (Exhibit “A”) of _______Para c.(11)

17. [ ] Is medical exhibit “A” being reviewed by the Jail Physician on his or her next working day? Para c.11)

18. [ ] Is the Medical Staff performing a physical examination and health appraisal for each inmate who remain in the facility for more than fourteen (14) days, within sixteen (16) days of the inmates arrival. Para c. (12)

19. [ ] Are all inmates being examined for tuberculosis and venereal disease within seventy-two (72) hours of admission? Para c. (13)

20. [ ] Are the results of the examination (Tuberculosis and venereal disease) communicated to the inmate by medical staff, with appropriate medical follow-up? Para c. (13)

21. [ ] Are results of any HIV tests being maintained as confidential, pursuant to state law. Para c. (13)

22. [ ] Are Jail personnel and medical staff being satisfactorily trained in medical emergency care procedures, including awareness of potential emergency situations procedures for notification of a transfer to appropriate medical care provides, first aid and CPR. Para c (14)

23. [ ] Does all personnel have basic first aid training equivalent to that defined by the American Red Cross, with (annual) refresher courses? Para c (14)

24. [ ] Is first aid available in each housing area? Para c. (14)

25. [ ] Is a two-(2) way breathing device used to administer CPR included in each kit? Para c. (14)

26. [ ] Is the content use and review of said kits pursuant to protocol, attached hereto as (exhibit “B”). Para c. (14)

27. [ ] Are all medical and correctional staff have current CPR Certification, and renewed (Annually)? Para c. (14)

28. [ ] Are medical records being maintained separately from other inmate records? Para c. (15)

29. [ ] Are inmates medical Records available to the jail’s medical staff, but not to jail security staff or inmates? Para c. (15)

30. [ ] Inmates requiring medical isolation will be isolated when appropriate. HOWEVER, IS THE JAIL PHYSICIAN MAKING THIS DECISION? Para c. (16)

31. [ ] Is there a written contract with the physicians, cooperation, or a small group of cooperating physicians to provide medical care at the jail and to see inmates for routine non-emergent care at the jail? Para c. (17)

32. [ ] Is there a physician on call for emergencies 24 hours a day, everyday as needed? Para c. (18)

33. [ ] If there is no physician on 24 hours duty are the inmate being transported to a community hospital or other emergency facility according to the protocol attached (Exhibit “C” of Court Order and Decent Decree? Para c.(18)

34. [ ] Is LCLEC staffed with one-(1) physician four (4) hours per week on Wednesdays? Para c. (19)

35. [ ] Is Two (2) Registered Nurses forty (40) hours per week in place? Para C. (19)

36. [ ] Is five (5) licensed practical nurses forty-(40) hours per week in place. Para c. (19)

37. [ ] Is one (1), licensed Practical Nurse sixteen (16) hours per week? Para c. (19)

38. [ ] Is there a licensed Practical Nurse on duty twenty-four (24) hours a day? Para c. (19)

39. [ ] Does the jail maintain a regular arrangement for on-site Mental Health Professional services, including access to a psychiatrist and a licensed clinical Psychologist, or appropriately licensed person with a Masters of Social Work? Para c. (20)

40. [ ] Is medical care being provided according to the medical protocol (Ref Section 21 of Court Order), and incorporated by reference. Para c. 21)

41. [ ] Is the document entitled Medical Protocols furnished to the court and plaintiff council on or before October 20, 1997, was this done? Para c. (21)

42. [ ] Is properly equipped medical examination rooms, infirmary, isolation rooms, negative air flow rooms, and suicide watch rooms, used only for those purposes? Para c. (22)

43. [ ] Is over-the-counter pain relief medication such as a cetaminopher, antacids and other medications as may be ordered by the jail physician made available at no cost from the Security Staff and/or the nursing personnel? Para c. (23)

44. [ ] When and if the jail elects to attempt to use O.C.G.A Sec. 42-4-71, no charge shall be levied upon inmates unless an appropriately licenses provider makes a clinical note clearly stating why the sick call visit was warranted and how they knew that inmate knew this fact? IS THIS PROCEDURE BEING DONE?

45. [ ] Is minimally adequate medical, mental heath and dental care being provided to all inmates regardless of their ability too pay for said care? Para c. (25)


46. [ ] Whenever possible are urgent or emergent health care issues being definitely addressed? Para c. (26)

47. [ ] Is medically indicated appropriate multi-drug therapy available for HIV positive inmates, including protease inhibitors.


48. [ ] Is access to courts, communication with lawyers and courts; non-legal communication? Para d (26)

49. [ ] Is reasonable access to the legal collection (set Forth) in exhibit “E” attached hereto), and incorporated herein by referenced to be housed at the jail? (Also, see Para D (26).

50. [ ] Are inmates given access on the fifth business day after request to copies of any legal material in the Lowndes County Court house law Library including reported cases? Para d (27)

51. [ ] Are Inmates outgoing privileged correspondence being opened by jail staff? Para d (28)

52. [ ] Are inmates coming privileged correspondence being opened by jail staff outside the presence of the inmates? Para d (29)

53. [ ] Are inmates correspondence read by jail staff? Para d (29)

54. [ ] Are the staff monitoring, taping or positioning themselves so as to overhear telephone or other conversations between an inmate and an attorney? Para d (30)

55. [ ] Are inmates deemed “indigent” if he or she is eligible for a public defender and he/she has less than ten ($10.00) dollars held by the jail on his account? Para d (31)

56. [ ] Are indigent inmates provided, at county expense, up to ten (10) sheets of paper, two (2) stamps, and two (2) envelopes in any week for personal correspondence? Para d (32)

57. [ ] Are indigent inmates provided, at county expense up to twenty-five (25) sheets of paper, five (5) stamps, and five (5) envelopes for his legal correspondence. Par d (32)

58. [ ] Are indigents inmates issued up to one (1) open or pencil per month as needed? Para d (32)

59. [ ] Are indigent inmate with city, state, or county charges shall be permitted one local phone call to a court; and one to his/her lawyer per week, at county expense. Para d (32)

60. [ ] Are indigent inmates with a legal action pending in a federal court shall be permitted one (1) telephone call per week to that court and his/her attorney, wherever located at county expense? Para d (32)

61. [ ] Are indigent inmates permitted to make one free, local call to family members per week? (And permitted to make additional calls at their own expense? Para d (32)

62. [ ] Are inmates working on their own legal proceedings shall have access to a reasonable quiet and adequately illuminated work space, equipped with a desk and chair, or the equivalent writing furniture. Para d (34)

E. VISITATION: #2 (35 – 36)

63. [ ] Are regular visitation hours for family and friends scheduled at least once weekly with both daytime and evening visiting periods? Para e (35)

64. [ ] Has the jail implemented an enforced, and written policy with reasonable provision for special visits, e, g., where a visitor’s work hour or distance from Valdosta make visitations during normal hours impractical. Para e (35)

65. [ ] Has provisions been made that inmates and their visitors can discuss personal matters without being overheard by other inmates or other visitors? Para e (35)

66. [ ] Are children included in those who are permitted to visit inmates? Para e(35)

67. [ ] When necessary, are special arrangements being made for contact visitation between parents, and children? Para e (35)

67. [ ] Does inmate have the opportunity for at least thirty (30) minutes of visitation per week. Para e (35)

68. [ ] After one hundred twenty (120) days following completion of the staffing analysis, is each inmate given the opportunity for at least sixty (60) minutes visitation per week? Para e (35)

69. [ ] Does inmates have reasonable access to telephone services, and not shut off as a means of group punishment.

F. RECREATION: #11 (37 – 38)

70. [ ] Has the jail assured the availability of reasonable variety of reading material through the use of a book cart or similar system, selected periodicals arrangements with the regional library or other means? Para f(37)

71. [ ] Are inmates provided each week the opportunity for at least three (3) periods, each of at least one (1) hour duration, for outdoor exercise, whether permitting? Para f (38)

72. [ ] Within one hundred twenty (120) days following completion of the staffing analysis. Are inmates provided each week the opportunity for at least five (5) periods, each of at least one (1) hour duration, for outdoor exercise, weather permitting? Para f (38)

G. FOOD: #2 (39 – 40)

73. [ ] Are inmates served at least three meals a day? Para g (39)

74. [ ] Are the meals nutritionally adequate means for inmates? Para g (39)

75. [ ] Are all meals planned or approved in consultation with a trained dietician to insure that minimum nutritional allowances are met? Para g (39)

76. [ ] Are special medical diets for inmates made available upon medical authorization? Para g (39)

77. [ ] Are diets provided with an inmate’s religious belief require adherence to dietary laws? Para g (40)

78. [ ] Are provisions made for religious diets as approved after consultation with the Jails Chaplain or other religious authority? Para g (40)


79. [ ] Does the ventilation and airflow in the jail meets the standards required by the American Correctional Association? Para h (41)

80. [ ] Is the Jail adhering to written plans for cleaning, housekeeping, and both regular and emergency maintenance procedures. Para h (42)


81. [ ] Is the document entitled “LOWNDES COUNTY LAW ENFORCEMENT POLICEY AND PROCEDURES MANUAL,” in effect. (Ref Court Order 1989-54-VAL) by 1 November 1997?

J. INMATE HYGIENE. #6 (44 – 49)

82. [ ] Are male inmates provided with a complete clean change of clothing every other day? Para j(44)

83. [ ] Are females inmates provided with a complete clean change of clothing every other day? Para j (45)

84. [ ] Are women allowed to bring in at least seven (7) panties and two (2) bras; or the jail shall issue each woman new panties and bras? Para j (46)

85. [ ] Does the jail insure that: In no case will a woman be issued male underwear or previously used under ware? Para j (46)

86. [ ] Upon admission to the facility! Are each male inmate issued a toilet kit consisting of a bar of soap, tooth brush, toothpaste, a comb, deodorant, shaving cream, and a razor? Para j (47)

87. [ ] Are Razors blades issued weekly and picked after use? Para j (47)

88. [ ] Upon admission to the facility! Are each female inmate issued the same toilet kit and adequate supply of sanitary pads or tampons (at the Woman’s election). Para j (48)

89. [ ] Are sanitary napkins and tampons issued pursuant to a woman’s individual needs? Para j (48)

90. [ ] Is a clean mattress and blanket furnished to each inmate upon admission. Para j (49)

91. [ ] Are the blanket cleaned every sixty (60) days? Para j (49)

92. [ ] Are cracked mattresses replaced as soon as cracks are discovered? Para j (49)

K. COMMISSARY # 1 (50)

93. [ ] Does the Jail Commissary sell, at no more than a twenty (20%) markup over actual cost, a reasonable number variety of personal care items and nutritious snack foods, such as dried or fresh fruit? Para k (50)

94. [ ] Are profits from operation of the Jail Commissary placed in a fund for occasional expenses for the welfare of inmates, such as for the purpose of items for group recreation or sports activities? Para k (50


95. [ ] Is Jail adequately staffed to assure that the jail will be operated in a safety and secure manner and so that the provisions of this agreement be carried out without impairment to the security of the jail and its inmates? Para I(51)

96. [ ] Has the LCSD? Assured that a complete staffing analysis of the jail been conducted by the Department of Community Affairs or the Georgia’s Association within sixty (60) days of this order (21 Oct 1997)? Par I(51)

97. [ ] Are the Sheriff, ensuring that: No post-trial inmate shall be housed in the LCLEC in excess of sixty (60) days following sentencing? Para I (52)


98. [ ] INFORMATION: Consists of seven (7) paragraphs too lengthy to include. Section III Introduction Para, (a), (b), (c), (d), and (e).


99. [ ] Is a handbook furnished to each inmate upon admission to the Jail? [ITEM #54]

100. [ ] Does the LCSD allow plaintiffs counsel, paralegal or experts to inspect the LCLEC during normal business hours? [Item #55]

101. [ ] Is a copy of this order made available to all inmates upon request? [Item 56]

102. [ ] Defendants and their officers etc. [Item 57]

103. [ ] Speaks of Handbook. [Item 58]

104. [ ] Judge Information to Defendants. [Item 59]

105. [ ] The LOWNDES COUNTY BOARD OF COMMISSIONERS, will not knowingly withhold the staff or resources necessary to implement this order. [Item 60]

SO ORDERED this 20 day of October 1997

Judge, United States District Courts
Middle District of Georgia
Valdosta, Division

SO AGREED this 9th day of October, 1997

______________________ ______________________
Robert W. Cullen Oris D. Blackburn, Jr.,
State Bar No 200338 State Bar No. 060300
1360 Peachtree St, NE P.O. Box 579
Suite 401 Valdosta, GA 31603-0579
Atlanta, GA 30309-3214 (912-247-0800)
(404-607-1600) Attorney for Defendants

These Inmates are not animals, but fellow Human Beings. Many NOW jailed, have NOT been proven guilty in a court of law. Moreover, what have our elected representative done to STOP this trend for whatever reason or do they care?

Retired United States Armed Forces Military Veteran (Vietnam Era)
A concerned citizen and brother of humanity

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