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| Judge's Ruling: N.M. Jail Can't Impede Lawyers' Access |
| By Associated Press |
| Published: 07/30/2003 |
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U.S. District Judge Martha Vazquez has ordered the new Metropolitan Detention Center in new Mexico to allow attorneys inside to investigate complaints from their inmate clients about conditions. Vazquez also has directed the jail to stop limiting the length of telephone calls between inmates and their lawyers, according to a ruling issued last week. Attorneys who successfully represented inmates in a 1995 lawsuit about crowded conditions at the old lockup had asked the judge for an order letting them check on conditions at the new one. Attorneys representing the jail argued the 1995 lawsuit didn't apply to the new facility, where the last inmates from the old jail were transferred last month. Vazquez said last week the court has continuing jurisdiction to monitor conditions at the new jail, and granted a temporary restraining order and preliminary injunction barring jail officials from restricting the lawyers' access to the new jail. Jeff Baker, an attorney for the city and county governments, said he plans to appeal Vazquez's decision. The new facility, which sits about 18 miles west of downtown Albuquerque, has been hit by a number of complaints. They have included a settled lawsuit alleging workers could see into the women's shower area, an inadequate pump system that caused drains and toilets to overflow, and an incorrectly installed door that allowed a prisoner to open his cell door. Most recently, Bernalillo County Sheriff Darren White complained that nothing separates law enforcement officers from inmates being checked in at the jail, sometimes as many as 30 prisoners in the check-in area with four officers or officers. He has threatened legal action if changes aren't made. Jail Director Harry Tipton said a plan to build a cage in the area is being considered. For inmates, attorney Brian Pori said, the problems continue. Some are in cells with broken toilets, and employees are serving less food than they did at the old jail, he said. Baker said the company providing food at the jail is following American Correctional Association standards. 'And it is comical for an inmate who has just flushed his sheet down his toilet to then complain that his civil rights are being violated because his toilet is stopped up,' he said. |
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