Thursday, January 26, 2012
Law and Order CCA Appeals Yet Again in Ongoing Open Records Tussle
Posted by Jonathan Meador on Thu, Jan 26, 2012 at 12:53 PM
ON Jan. 25, CCA filed a notice of appeal in Davidson County Chancery Court in what amounts to its third appeal in a four-year-old battle with Prison Legal News, whose associate editor, Alex Friedmann, has been trying to get the private corrections company to release documents concerning its operations and potential legal snafus since 2008.
"Thus, after four years, CCA is still fighting hard to avoid producing the records I requested, which would have to be produced if I requested them from any public agency," Friedmann tells Pith via email. "This is a perfect example of the lack of transparency and lack of public accountability in the private prison industry."
Of course, it's no surprise why CCA is stalling. Considering CCA's reputation for poor treatment of immigrant detainees, allegations of fraudulent reporting practices, and its close ties to, ALEC, the authors of Arizona SB 1070, Friedmann's original records request could very well puncture even more holes in CCA's veil of secrecy.
A request for comment from CCA has not been returned.
At the heart of the battle is whether CCA, a private company, can be compelled to release information even though it contracts with governments and performs what has been traditionally a public service. So far, Chancery Court and the Tennessee Court of Appeals side with Friedmann, but the state Supreme Court declined to hear the case. In December, Chancery Court again ruled in Friedmann's favor on remand, which led to CCA's recent notice of appeal.
If Friedmann succeeds, CCA will be ordered to release documents detailing legal complaints in which CCA has paid out in excess of $500 to complainants; "state, county and municipal government reports, audits and investigations" of CCA; "court rulings issuing injunctive or declaratory judgments against CCA, including sanctions and contempt orders"; and "spreadsheets, summaries or similar databases showing all litigation concluded against CCA in Tennessee which resulted in the payment of money damages, settlements, sanctions, claims and/or attorney fees."
Pith'll keep you posted on future developments.
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Comments (5)
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CCA is a prime example of the need for capital punishment as a response to the misdeeds of "corporate persons." The state should revoke their charter.
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I have experience in the Tennessee Prison system both pre CCA and after the corporate takeover. The prison system is much more efficient under their control and, without a doubt, they save the taxpayers money. However, the effectiveness of rehabilitation programs, general inmate treatment and overall availability of programs to help inmates has suffered greatly.
The women's prison system in Tennessee, in which I have experience to judge, has made strides to become more rehabilitative rather than just confinement. The Men system is just the opposite with confinement being to major, and seemingly the only goal.
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Not only that, but CCA spends hundreds of thousands of dollars lobbying to make sure we have the harshest drug and immigration laws and most severe sentencing possible, because they don't make any money, unless the prison cells are filled. It's a national disgrace.
Shoot, Min, Let's turn 'em all loose. That'll fix the problem and ease you worries, too.
