Conditions at Jail in Sullivan Ruled Unconstitutional

Conditions at Sullivan County Jail are so poor they constitute cruel and unusual punishment and violate the constitutional rights of the jail’s 170-plus inmates, a federal court judge ruled here Tuesday.

The ruling by U.S. District Court Judge Thomas Hull came after a daylong hearing to resolve a class action lawsuit by present and former jail inmates

The suit claimed jail conditions are inhumane and inflict needless punishment on inmates. It sought to resolve over crowding, poor sanitation, restrictions on visits and mail, “arbitrary, capricious discipline, as well as lack of medical attention, exercise, recreation and proper lighting and ventilation

Before the hearing, inmates’ lawyers and lawyers for Sullivan County signed a consent order detailing how the county would rectify all of the problems except fire safety and the main issue of overcrowding.

After the lawyers made several proposals and counter-proposals to remedy overcrowding and other jail conditions but failed to reach an agreement, Hull said he will issue an injunction within five days detailing what county officials must do to bring jail conditions up to an acceptable standard until the county’s new jail is finished.

Defense lawyer Mark Dessauer of Kingsport declined to agree to a last-minute consent order outlining actions the county would take to remedy jail conditions, which would have meant Hull would not have to issue an injunction mandating changes. Dessauer refused because county officials disagreed that jail conditions are unconstitutional and also because they want to reserve the right to appeal Hull’s order, he said.

County officials claimed jail overcrowding is due to circumstances beyond their control, including delays in building a new 212-bed, $4.28 million jail and the state Department of Corrections’ refusal to accept some felony prisoners. The Sullivan County Jail has an average of 40 such prisoners at all times, officials explained.

The jail has beds for 152 in mates, 122 in the main facility and 30 in the “workhouse” for misdemeanor inmates. As of Monday, 176 inmates were housed in the jail, county officials said.

Sheriff Mike Gardner and County Executive Lon Boyd, main defendants in the suit, pointed out that construction of the new jail will be complete in about 15 months. They also noted that the county has applied for a state grant to help fund building as an alternative sentencing program for first-time offenders, which could also reduce overcrowding.

They offered to build in the meantime a metal building to house 60-70 misdemeanor prisoners, to close the workhouse (which they agreed Tuesday was a “firetrap”), and to cut the jail population to a minimum of 90 inmates.

Officials noted they have made many improvements in lighting, ventilation sanitation and fire prevention at the jail in recent months.

Penny White of Johnson City, who represented the inmates, argued that the improvements are insufficient and jail conditions are still inexcusable.

Three former jail inmates testified Tuesday that prisoners often had to sleep on floors, were never allowed outside and had no privacy. Plumbing and heating seldom worked, ventilation and lighting were inadequate, and sanitation was almost non-existent, they said. One inmate said roaches crawled in prisoners’ food and in their ears while they slept.

Two corrections experts said sanitation, recreation, fire safety and other conditions at the jail are still deplorable and should be corrected immediately. One expert said overcrowding and lack of recreation was so bad that many long-term inmates suffer severe psychological problems. And, he said, because of lack of adequate fire safety equipment and evacuation plans, the jail is a potential disaster.

White asked that other changes be made at the jail, including doubling visitation time to eight hours a week and building a fenced-in recreation area for inmates outside the main jail.

White said that placing too many inmates in the jail only makes conditions at the jail worse, which is why she asked the jail population be cut to a maximum of 70.

Hull agreed, saying he favored cutting the jail population to 65-70 prisoners within 90 days in addition to closing the workhouse and building the temporary jail for misdemeanor prisoners.

He also said he wants changes in visitation, recreation and fire safety. He will spell out exactly what he wants done in his upcoming order.