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DOJ report finds that 3 Mississippi prisons violate constitutional rights of prisoners

By Angela Williams, Ross Adams

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    JACKSON, Mississippi (WAPT) — A report from the U.S. Department of Justice says the Mississippi Department of Corrections fails to protect prisoners from violence at three state prisons.

The Justice Department’s Civil Rights Division, along with the U.S. Attorney’s Offices for the Northern and Southern Districts of Mississippi, found that conditions of confinement at three MDOC facilities violate the 8th and 14th Amendments to the U.S. Constitution.

The department’s 60-page report details its findings from a thorough investigation of the Central Mississippi Correctional Facility, South Mississippi Correctional Institution and Wilkinson County Correctional Facility.

The report says MDOC allows violence at the prisons to go unchecked and fails to control illegal and violent gang activity. The department also fails to keep dangerous contraband out of its facilities, according to the report.

The DOJ said in the report that “gross understaffing leaves units unsupervised with little to no response to violence.”

The report also concludes that Mississippi unconstitutionally subjects persons at Central Mississippi Correctional Facility and Wilkinson County Correctional Facility to prolonged restrictive housing under harsh conditions that places them at substantial risk of serious physical and psychological harm.

“People living in prisons and jails have a constitutional right to safe and adequate living conditions,” said Acting Associate Attorney General Benjamin C. Mizer. “Our investigation uncovered that people in these three facilities were subjected to violent and unsafe conditions, in violation of the Constitution. We look forward to working with Mississippi officials to remedy these violations and improve safety and living standards for people incarcerated in the state of Mississippi.”

MDOC Commissioner Burl Cain said the report was done almost two years ago.

“Since then, we’ve worked really hard to be in compliance with the Justice Department,” Cain said. “We continue to do so. We’ll continue to work with them.”

Wednesday’s announcement followed the DOJ’s April 2022 report finding that conditions at the Mississippi State Penitentiary at Parchman violated the constitutional rights of prisoners by subjecting them to violence, failing to provide adequate care for serious mental health needs, or adequate suicide prevention measures and using prolonged restrictive housing in a manner that poses a risk of serious harm.

Earlier this month, Susie Balfour, a former prisoner at CMCF, filed a federal lawsuit that accuses MDOC of forcing her and other female prisoners to mix raw cleaning chemicals without protective equipment. The lawsuit also alleges negligence when it comes to providing medical care for those who are incarcerated.

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