Fitzgerald: Cook County Jail falls short of constitutional standards

Cook County Jail's security, healthcare and living conditions violate the inmates' constitutional rights, according to a recently concluded investigation by the Justice Department's Civil Rights Division and the U.S. Attorney's Office in Chicago.

The 17-month probe, which U.S. Attorney Patrick Fitzgerald discussed Thursday at the Dirksen Federal Building, alleges that jail staff abused inmates; that inmates lacked adequate healthcare; and that living conditions, including fire safety and sanitation, were not up to par. The jail could face a civil suit if conditions do not improve.

"There are certain minimum conditions that a jail has to comply with so that it doesn't offend the constitution, "Fitzgerald said. "It appears pretty clear that the Cook County Jail fell well short of those constitutional conditions."

According to a letter delivered to Cook County Board President Todd H. Stroger and Cook County Sheriff Thomas Dart by Fitzgerald and Grace Chung Becker, acting assistant attorney general for civil rights, there exists a "culture of [officers] abusing inmates" at the jail.

According to the letter, officers often gang up on inmates, meting out beatings for offenses such as cussing, arguing and refusing to follow instructions. The letter cites one instance in which a mentally ill inmate exposed himself to a female officer. The man was taken into a clothing room, restrained and beaten by a group of officers, the letter said.

While Fitzgerald said he does not condone inmates insulting officers, he condemned the jail employees' response.

"The response is not to engage in beatings of inmates- certainly not organized beatings-and not beatings that end up with inmates being hospitalized," he said.

Knife fights and violence between inmates occurs often; over the course of one week in March 35 fights broke out, according to the Justice Department.

Violence is not the only factor contributing to the inmates' plight; during the first four months of 2008, three inmates committed suicide because of inadequate mental health care, according to the Justice Department. The department also criticized the inmates' physical care, reporting amputations and infections resulting from inattention and staffing limitations.

Fitzgerald noted that the jail only has one dentist for more than 9,500 inmates. The dentist can only perform extractions-more than 25 percent of which have resulted in infection. Other complaints include electrical issues, such as exposed wiring, faulty plumbing, unsanitary food service and general uncleanliness.

"We pay more taxes here than anywhere else in the country," said Fitzgerald. "The notion that we can't afford to meet the constitutional requirements is unacceptable," he said.

If conditions do not improve after 49 days, the United States can file a lawsuit that would force the jail to take action, according to the Civil Rights of Institutionalized Persons Act of 1997.

Fitzgerald, however, seemed confident that the Cook County Sheriff's Office and the Cook County Board would comply. "We've had unfettered access to the Cook County Jail and their full cooperation," he said. He later added, "Every indication we've seen from them is that they recognize what the problem is. And now the rubber hits the road."

The question now is where that road will lead. In the early 80s, pre-trial detainees filed a lawsuit against the jail regarding overcrowding. According to former Chicago Reader staff writer Steve Bogira, author of "Courtroom 302," a book about the Cook County Criminal Courthouse, the jail is still overcrowded.

"This is a testament to our unwillingness as a society to do the right thing for people who are in jail," he said.

Bogira said the county acts too slowly when it comes to poor people and minorities.

"It doesn't take a genius to see the connection between poverty and crime," he said. "Until we address this I don't see how we can change things much. However, this is an attempt. What matters now is the follow-through."