Post by Anja on Jun 9, 2006 2:01:35 GMT -5
Court says Crosby is fair game for suit
A federal appeals court has ruled that former state prisons boss James
Crosby can be sued by relatives of a death-row inmate who died after being
beaten by guards at Florida State Prison when Crosby was warden.
A 3-judge panel of the 11th Circuit Court of Appeals in Atlanta said the
family of inmate Frank Valdes had "more than adequate" evidence for a jury
to determine whether Crosby knew, or should have known, that violence
against hated inmates was common at the giant prison near Raiford.
Valdes, who died on July 17, 1999, was in the prison's notorious "X-wing"
- where the most dangerous offenders are kept - following the murder of a
guard at another institution.
The court said Mario Valdes, the inmate's father, could try in court to
show that "inmate abuse at the hands of guards was not an isolated
occurrence, but rather occurred with sufficient regularity as to
demonstrate a history of widespread abuse at FSP." Whether Crosby was
sufficiently warned about it is "a factual question for the jury," the
ruling said.
Wanting 'humane treatment'
Attorney Guy Rubin of Stuart said Valdes was not resisting when he was
kicked and beaten and given electric shocks.
"I don't think anybody on death row is going to be a sympathetic
individual, but we have laws that provide for the respectful and humane
treatment of our prisoners, and that's what this case is about," Rubin
said. "The judge and jury are the ones who make decisions regarding what
an inmate's lawful punishment should be, not a goon squad acting under
protection of a high-ranking official."
Ron Wasilenko, the Jacksonville attorney representing Crosby, could not be
reached for comment on the ruling.
Crosby, who worked his way up through the ranks of the Department of
Corrections, became secretary of the agency in Gov. Jeb Bush's second
term. He was fired early this year amid state and federal investigations
unrelated to the Valdes case.
U.S. District Judge Timothy Corrigan in Jacksonville denied Crosby's claim
of immunity from civil suit for actions taken in his official capacity as
warden. The 3-judge panel, in a ruling written by former Florida Supreme
Court Justice Rosemary Barkett, upheld Corrigan - saying public officers
have immunity "as long as their conduct violates no clearly established
statutory or constitutional rights" of citizens.
The panel said "there is insufficient evidence" that Crosby ordered the
Valdes beating or took part in it. But the judges said his predecessor,
warden Ron McAndrew, warned Crosby that the prison had a "notorious
reputation" and even named some guards whom he considered dangerous.
'Hands-off' approach
The court also cited testimony by the Rev. Andrew MacRae, a chaplain from
1994 to 1999, who said "Crosby had a more 'hands-off' approach than prior
wardens had, thus permitting the 'good old boys' network of guards to
mistreat inmates." MacRae said he was prevented from seeing some prisoners
after violent encounters with guards.
The court said Crosby ended the practice of videotaping "cell
extractions," when teams of guards subdue violent inmates and remove them
from their cells. McAndrew said ending the videotaping "sent a message to
corrections officers that the administration at FSP was going to permit
further abuse of inmates," the ruling said.
It also said MacRae knew about "touching up" an inmate - inflicting minor
injuries during a cell extraction, so the prisoner could be treated and
wounds could be documented at an infirmary, then taking the prisoner back
to a cell for a brutal beating. The court said "he believed these
incidents increased during Crosby's tenure because of Crosby's hands-off
approach."
The DOC declined comment on the ruling. Attorney Cassandra Capobianco, who
represents 10 inmates in unrelated legal action alleging chemical spraying
and other mistreatment, said the Valdes ruling established that
unwarranted violence was common at FSP.
She said Jim McDonough, who fired numerous high-level prison
administrators since he replaced Crosby as DOC secretary, has improved the
situation but violence by guards still occurs.
"The steps he has taken seem to make a lot of sense," she said.
4 guards were acquitted on state charges in Valdes' death. Rubin said the
Civil Rights Division of the U.S. Department of Justice has a pending
federal investigation.
"It's been 7 years and nothing's happened," he said. (source: Tallahassee
Democrat)
A federal appeals court has ruled that former state prisons boss James
Crosby can be sued by relatives of a death-row inmate who died after being
beaten by guards at Florida State Prison when Crosby was warden.
A 3-judge panel of the 11th Circuit Court of Appeals in Atlanta said the
family of inmate Frank Valdes had "more than adequate" evidence for a jury
to determine whether Crosby knew, or should have known, that violence
against hated inmates was common at the giant prison near Raiford.
Valdes, who died on July 17, 1999, was in the prison's notorious "X-wing"
- where the most dangerous offenders are kept - following the murder of a
guard at another institution.
The court said Mario Valdes, the inmate's father, could try in court to
show that "inmate abuse at the hands of guards was not an isolated
occurrence, but rather occurred with sufficient regularity as to
demonstrate a history of widespread abuse at FSP." Whether Crosby was
sufficiently warned about it is "a factual question for the jury," the
ruling said.
Wanting 'humane treatment'
Attorney Guy Rubin of Stuart said Valdes was not resisting when he was
kicked and beaten and given electric shocks.
"I don't think anybody on death row is going to be a sympathetic
individual, but we have laws that provide for the respectful and humane
treatment of our prisoners, and that's what this case is about," Rubin
said. "The judge and jury are the ones who make decisions regarding what
an inmate's lawful punishment should be, not a goon squad acting under
protection of a high-ranking official."
Ron Wasilenko, the Jacksonville attorney representing Crosby, could not be
reached for comment on the ruling.
Crosby, who worked his way up through the ranks of the Department of
Corrections, became secretary of the agency in Gov. Jeb Bush's second
term. He was fired early this year amid state and federal investigations
unrelated to the Valdes case.
U.S. District Judge Timothy Corrigan in Jacksonville denied Crosby's claim
of immunity from civil suit for actions taken in his official capacity as
warden. The 3-judge panel, in a ruling written by former Florida Supreme
Court Justice Rosemary Barkett, upheld Corrigan - saying public officers
have immunity "as long as their conduct violates no clearly established
statutory or constitutional rights" of citizens.
The panel said "there is insufficient evidence" that Crosby ordered the
Valdes beating or took part in it. But the judges said his predecessor,
warden Ron McAndrew, warned Crosby that the prison had a "notorious
reputation" and even named some guards whom he considered dangerous.
'Hands-off' approach
The court also cited testimony by the Rev. Andrew MacRae, a chaplain from
1994 to 1999, who said "Crosby had a more 'hands-off' approach than prior
wardens had, thus permitting the 'good old boys' network of guards to
mistreat inmates." MacRae said he was prevented from seeing some prisoners
after violent encounters with guards.
The court said Crosby ended the practice of videotaping "cell
extractions," when teams of guards subdue violent inmates and remove them
from their cells. McAndrew said ending the videotaping "sent a message to
corrections officers that the administration at FSP was going to permit
further abuse of inmates," the ruling said.
It also said MacRae knew about "touching up" an inmate - inflicting minor
injuries during a cell extraction, so the prisoner could be treated and
wounds could be documented at an infirmary, then taking the prisoner back
to a cell for a brutal beating. The court said "he believed these
incidents increased during Crosby's tenure because of Crosby's hands-off
approach."
The DOC declined comment on the ruling. Attorney Cassandra Capobianco, who
represents 10 inmates in unrelated legal action alleging chemical spraying
and other mistreatment, said the Valdes ruling established that
unwarranted violence was common at FSP.
She said Jim McDonough, who fired numerous high-level prison
administrators since he replaced Crosby as DOC secretary, has improved the
situation but violence by guards still occurs.
"The steps he has taken seem to make a lot of sense," she said.
4 guards were acquitted on state charges in Valdes' death. Rubin said the
Civil Rights Division of the U.S. Department of Justice has a pending
federal investigation.
"It's been 7 years and nothing's happened," he said. (source: Tallahassee
Democrat)