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DOJ probes inmate safety at two state prisons Read more: DOJ probes inmate safety at two state prisons
By pittsburghlive.com - Brian Bowling and Tony LaRussa
Published: 12/02/2011

The Department of Justice has begun civil rights investigations into allegations of prisoner abuse at two state prisons, including SCI-Pittsburgh at Woods Run, the first such inquiries it has conducted in Pennsylvania in more than a decade.

The investigation at Woods Run will focus on allegations that the prison failed to protect prisoners from attacks and sexual assaults by other prisoners as well as correctional officers, the department's Civil Rights Division announced on Thursday in a news release. Agency spokeswoman Xochitl Hinojosa didn't return calls for comment.

The agency didn't say how long the investigations may take but said they are separate from any federal criminal investigation of prison officials.

The Justice Department's civil investigations look at an institution's policies and practices, said Susan Bensinger, a spokeswoman for the state Department of Corrections. She said federal officials notified the state about the investigations either late Wednesday or yesterday morning, shortly before the public announcement.

"We will fully cooperate," she said.

Bensinger said she wasn't aware of any prior Justice Department investigation of a jail or prison in Pennsylvania, and its website listing previous cases doesn't show such an investigation in at least the last 15 years.

One SCI-Pittsburgh guard, Harry F. Nicoletti, 59, of Coraopolis is facing nearly 100 state charges of sexual assault, indecent assault, solicitation, terroristic threats and related charges from alleged attacks on more than 20 inmates over two years. Six other guards also face state charges related to prisoner abuse.

Lawyers for some guards said their clients are innocent and hope the civil investigation will help prove that.

"I'm not surprised by the fact that the civil rights department is investigating these allegations," said Mark Fiorilli, who represents Bruce Lowther, 33, of West Newton in Westmoreland County, who is accused of watching Nicoletti assault inmates and participating in the attacks or doing nothing to stop them. "As far as it relates to Bruce Lowther, it is our contention that he never was involved in any of the alleged misconduct at the prison, and we would welcome the opportunity to speak with the Justice Department."

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