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| Former inmate sues over “naked” incarceration |
| By rutlandherald.com - Brent Curtis |
| Published: 12/27/2011 |
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Rutland, VT -- An incident at the Rutland jail last March involving an inmate who was held naked in a cell for more than two hours prompted an internal investigation by the Department of Corrections and a lawsuit by the former inmate who is seeking at least $200,000 in damages. State officials at the jail and Department of Corrections Commissioner Andrew Pallito have declined to comment on the incident due to the lawsuit filed in Rutland civil court. Documents filed in court and released by DOC following a formal request by the Rutland Herald show that Rex Winney was placed naked in a holding cell on March 22. Incarcerating an inmate without clothing isn’t expressly prohibited under DOC policy. But removing their clothing as a form of punishment is off limits. “At no time will inmates be deprived of clothing ... as a means of punishment,” the DOC policy relating to custody and security in a correctional facility states. Correspondence between the jail’s superintendent and the state’s director of correctional facilities, William Lawhorn, suggest there were concerns about the incident at the highest level. In an email Lawhorn sent to Superintendent Phillip Fernandez in April, the director said he had a number of concerns. “From what (Assistant Superintendent Thomas Giffin) told me, this individual was acting out and mouthy. There was no obvious correctional objective to removing his clothing,” Lawhorn wrote. He continued, “He was made to stay in a cell naked for several hours. Was this punishment? What is the justification and where is the documentation? The on-coming shift supervisor returned his clothing, so it appears as though there was not a justification for removing the clothes.” Lawhorn’s email also included an order for more information about who was involved, what was documented and “what you are doing so that it never happens again.” The response to Lawhorn’s request included nine reports filed by corrections officers and supervisors — including Giffin — who had dealings with Winney. If a report from Fernandez, who also stopped and talked briefly with Winney while he was being held naked, existed, it was not included in documents turned over by the state. The incident also prompted inquiries from Legal Services investigator Jeff Krauss who wrote to Lawhorn in an April email that he was concerned with whether misconduct had occurred and about “the department’s exposure here and whether an independent investigation is required.” Krauss did not return calls to his office and DOC officials would not say what the results of his investigation were or whether reviews were conducted by any outside agency. Winney, whose criminal history includes convictions and incarcerations for arson, restraining order violations and a courtroom outburst in Rutland in 2003 that prompted a judge to flee when he wrestled with sheriff’s deputies and had his hand on a holstered gun, was in jail on a furlough violation when the incident took place. According to Winney, he entered the jail on March 21 following a fight that led to his incarceration. The Rutland man was initially placed in H-02 — a temporary holding cell where inmates entering the facility are screened before joining the general population. But Winney did not follow that route due to his behavior, according to reports filed by corrections officers who oversaw Winney that day. Read More. |
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