Mary Neal's Sharebook 

Judge dismisses inmate's suit against CCA
By Kate Howard • THE TENNESSEAN • August 26, 2009

A federal judge has ruled in favor of the Corrections Corporation of
America by dismissing a claim that a mentally ill inmate kept in
solitary confinement for nine months was harmed by the experience.

***************************************************

Insert by Mary:

What happens when a mentally ill inmate is so traumatized that he can
only speak gibberish fails to file grievances for his abuse while
imprisoned naked for nine months in filth in solitary confinement? He
loses his lawsuit!  Next time file, file a complaint!


See the film of Frank Horton's release from the "hole" where he lived

without baths, exercise, medical or psychiatric care until a kind prison

guard became so alarmed about Horton's deteroirating condition that he

went to Health & Human Services and reported his employer's abuse.
 
The VIDEO is a part of this news story:


Torture of the Mentally Ill ~ 9 mo. Solitary Confinement in Filth, Naked

http://www.nowpublic.com/health/torture-mentally-ill-9-mo-solitary-confinement-filth-naked

Tennessee is hard on the mentally ill.  See http://WrongfulDeathofLarryNeal.com

*****************************************************

The Tennessean article continues:

The lawsuit was filed by Mary Braswell on behalf of her grandson,
Frank Horton, who was being held in the Metro Davidson County
Detention Facility operated by CCA for parole violations and assault
charges.

U.S. District Court Senior Judge John T. Nixon dismissed the lawsuit
because Horton was never physically injured by the solitary
confinement, and because he didn’t file any grievances with the jail
operator about his lack of access to mental health care.

The lawsuit alleged that Horton was incoherent, spoke in gibberish
and refused to leave his cell for showers during the nine months he
was held there.

He was incapable of complaining about his treatment between November
2007 and July 2008 because he was unable to communicate, the suit said.

Nixon ruled that to have a case under the federal Prison Litigation
Reform Act, Horton would have needed to try to file a grievance as
soon as he was able to communicate again.

Horton, who has been diagnosed with bipolar disorder and attention
deficit hyperactivity disorder, had already left CCA after being
transferred to a state special needs facility when he became coherent
again, his family and attorneys have said.

John R. Clemmons, Braswell’s attorney, said he plans to appeal the
federal ruling and file additional suits in state court.

“The (rules for federal inmate lawsuits are) a high hurdle for any
inmate bringing a lawsuit in federal court to clear,” Clemmons said.

Federal law requires physical harm to an inmate and that the internal
grievance process was followed before a lawsuit.

“The federal court appeared to say … we didn’t clear that hurdle,”
Clemmons said. “Whether or not Frank’s case should’ve fit into one of
the exceptions is certainly an issue which may be appealed.”

Steve Owen, spokesman for CCA, said he would not comment given the
indication that the decision would be appealed.

Horton has since been released from custody and is living at home
with his family, Clemmons said. He is receiving mental health
treatment and is on medication, but he has not yet been able to
return to a job.

“He has a great immediate family unit and a great support system,”
Clemmons said.

http://www.tennessean.com/article/20090826/NEWS03/90826041/-1/RSS05