Kelly v. Wengler
What's at Stake
This case, filed by the ÀÏ°ÄÃÅ¿ª½±½á¹û and ÀÏ°ÄÃÅ¿ª½±½á¹û of Idaho, seeks to put a stop to the culture of rampant violence that has led to carnage and suffering among prisoners at officials at the Idaho Correctional Center (ICC), the state-owned facility operated by the for-profit company Corrections Corporation of America (CCA).
Summary
The class action complaint identified epidemic violence at the facility as the direct result of, among other things, ICC officials turning a blind eye to brutality, a prison culture that relies on the degradation, humiliation and subjugation of prisoners, a failure to discipline guards whose misconduct precipitated assaults, and a reliance on violence as a management tool. After reaching a settlement agreement in September 2011 requiring policy changes and systemic improvements, the ÀÏ°ÄÃÅ¿ª½±½á¹û continues monitoring CCA’s compliance to ensure that violence is actually reduced, to protect both prisoners and guards.
UPDATED MAy 23, 2016: A federal appeals court has upheld a contempt order against CCA for violating terms of a settlement agreement over how it ran the Idaho Correctional Center.
The ruling stems from a federal class-action lawsuit brought by the ÀÏ°ÄÃÅ¿ª½±½á¹û against CCA on behalf of prisoners incarcerated at the facility. The complaint alleged deliberate indifference by CCA officials, inadequate staffing and supervision, and a failure to adequately investigate acts of violence at the prison.
The case settled, and as part of the agreement CCA was to make a numerous improvements designed to reduce violence in the prison. It failed to do so, prompting the contempt proceedings. The Ninth Circuit Court of Appeals today upheld a 2013 contempt order against CCA, which no longer operates the facility. The Ninth Circuit ruling is here.
Legal Documents
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10/22/2014
Kelly v. Wengler - Appeal Brief (Attorney Fee Issues)
Date Filed: 10/22/2014
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09/16/2013
Kelly v. Wengler - Memorandum Decision and Order Finding CCA in Civil Contempt
Date Filed: 09/16/2013
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09/16/2013
Kelly v. Wengler - ÀÏ°ÄÃÅ¿ª½±½á¹û Petition for Motion of Contempt Against CCA
Date Filed: 09/16/2013
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09/16/2013
Kelly v. Wengler - Court’s Order for ÀÏ°ÄÃÅ¿ª½±½á¹û to Proceed with Motion of Contempt Against CCA
Date Filed: 09/16/2013
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07/18/2013
Kelly v. Wengler - Settlement Agreement
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06/06/2014
Kelly v. Wengler - Appeal Brief (Contempt Issues)
Date Filed: 06/06/2014
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05/23/2016
Kelly v. Wengler - Opinion
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03/03/2014
Kelly v. Wengler - Order Regarding Attorneys' Fees and Costs
Date Filed: 03/03/2014
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03/03/2014
Kelly v. Wengler - KPMG Auditor's Report
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02/11/2011
Kelly v. Wengler - Complaint
Press Releases
Federal Appeals Court Upholds Contempt Order Against Corrections Corporation of America
Federal Judge Holds Corrections Corporation of America in Contempt for Violating Idaho Settlement Agreement