Posted on Aug 27th, 2009

ACLU of Texas Condemns Harris County's Combative Response to Federal Jail Investigation

County’s Defensive Posture Wastes Resources, Fails to Resolve Concerns

Contact: Jose Medina, Media Coordinator, ACLU of Texas, (512) 478-7300 x 103; jmedina@aclutx.org

AUSTIN – The American Civil Liberties Union (ACLU) of Texas today criticized Harris County’s choice to invest significant time, resource and effort in compiling a lengthy objection to the U.S. Department of Justice (DOJ) findings concerning the Harris County jail system, rather than working expeditiously with DOJ to address well-documented problems of overcrowding and poor health care. DOJ issued its findings letter regarding the results of its investigation into the conditions of confinement at Harris County Jail facilities on June 4, 2009.

Harris County contends its response, over 450 pages long, proves its jail system has been run appropriately, contrary to DOJ’s findings that conditions may have been in violation of the constitutional rights of inmates.

“I am surprised and disappointed that Harris County officials would invest energy and resources in disputing the DOJ’s findings, when it appears both sides recognize that conditions at HCJ were in need of serious improvement,” noted Matt Simpson, Policy Analyst for the ACLU of Texas. “The resources expended in challenging DOJ’s findings would have been better spent addressing chronic, unresolved problems at HCJ such as overcrowding and insufficient medical care.”

The report effectively places Harris County and DOJ in an adversarial position that could lead to even more resources being wasted if legal action is taken. Counties often avoid such litigation when they resolve issues by working hand-in-hand with DOJ, not against it.

Also troubling was Harris County’s reliance on experts who are not physicians, despite the fact that the bulk of DOJ’s findings are about medical care.

“The County’s response reads as defensive and backwards-looking,” said Lisa Graybill, Legal Director for the ACLU of Texas, who noted that the ACLU of Texas has received a significant volume of inmate complaints about the facility in recent years. “For the sake of both the inmates at HCJ and Harris County taxpayers, we urge the county to adopt a forward-looking approach and seek a cooperative resolution to the concerns that led to DOJ’s investigation.”