Mississippi Today
MDOC prisoner vows hunger strike if his sexual assault complaint is not investigated
A prisoner at the Walnut Grove Correctional Facility, a state prison once deemed among the worst for sexual misconduct in the nation, has pledged to go on another hunger strike if the Mississippi Department of Corrections fails to investigate his allegations that a guard inappropriately touched him during a pat down.
The status of Garnett Hughes’ three-month-old complaint is unclear as he has received conflicting information from prison staff, and MDOC wouldn’t comment on the case except to say “the agency is handling this matter in accordance with our policies and procedures.”
On Oct. 16, Hughes, 35, filed a grievance alleging that a week earlier, three officers had awoken him in the middle of the night, ordered him out of bed and, while patting Hughes down, touched him “in the wrong area.” When Hughes said “don’t touch me there,” one of the officers allegedly told Hughes to shut his mouth and follow orders before doing it again.
This grievance should have triggered MDOC to conduct an investigation under the Prison Rape Elimination Act, a federal law that requires prisons to maintain “zero tolerance” toward sexual violence.
But Hughes said no one from MDOC ever spoke to him about what happened until early December when — in the midst of a hunger strike Hughes undertook to regain his canteen and phone privileges that he lost after attempting to flee — a nurse practitioner told him the case was closed due to a lack of visual evidence. It’s not clear how the nurse practitioner learned of Hughes’ complaint, which is supposed to be confidential, and he did not receive any formal notification as required under the PREA (pronounced pre-yuh) law.
A few days later, Hughes said another prison staff member told him his complaint was being investigated. Still, no one has contacted Hughes to ask him any questions, such as the name of the officer Hughes alleges violated him, which isn’t noted in his grievance. And, those same officers continue to come to Hughes’s zone, he said.
Now Hughes is pledging to go on another hunger strike if he doesn’t hear anything by Jan. 15 from the Corrections Investigation Division, the office within MDOC that is responsible for investigating complaints of prison rape. Hughes also has a Change.org petition seeking his release.
“I’m putting my trust that they are gonna do their jobs,” Hughes told Mississippi Today, adding, “but I gave up on asking, and I’m like, whenever the 15th comes, I’m going to go back up on my hunger strike and deal with it that way.”
Hughes’ stance toward MDOC isn’t unusual; many incarcerated people distrust internal processes to resolve their complaints about sexual abuse, which often go unreported, according to the National PREA Resource Center.
In Mississippi, that’s an instinct borne out by the troubled state of MDOC’s facilities which face widespread understaffing, deteriorating infrastructure and a culture of violence. And Walnut Grove, where Hughes has been incarcerated since December 2022, had an especially notorious reputation for horror and violence when it was a private prison, with the Justice Department once finding that “the sexual misconduct we found was among the worst that we have seen in any facility anywhere in the nation.”
Walnut Grove closed in 2016 but it was reopened by Commissioner Burl Cain in 2021 to house alcohol and substance abuse programs and anyone deemed a gang member.
Data also backs up the lack of trust Hughes and other incarcerated people feel. Under PREA, any allegation of sexual violence toward an incarcerated person — whether in the form of a grievance filed by that person or a call from a third-party source — is supposed to trigger an investigation. But according to state and federal data, when cases are reported, what often happens is: nothing.
At the federal level, a 2022 congressional report found that of more than 5,000 allegations of sexual abuse by Bureau of Prison employees, 134 were substantiated.
In Mississippi, there were 194 allegations of sexual misconduct or harassment by prison staff on incarcerated people between 2012 and 2021, according to reports available on MDOC’s website. Just eight were substantiated. The rate isn’t much better for prisoners who allege they were assaulted by other prisoners: Of 602 allegations, 18 were substantiated.
These numbers don’t include MDOC’s reports from 2014 and 2016, which aren’t available, and 2019 because it contains duplicative numbers from 2018. An MDOC spokesperson said the agency would update its website “to reflect our current PREA statistics.”
There are several reasons why so few allegations of prison rape are substantiated, said Julie Abbate, the national advocacy director at Just Detention International, an organization that aims to end sexual violence in detention facilities. Abbate was part of the working group that helped draft PREA standards.
One reason is that the correctional officers often charged with investigating PREA complaints apply a tougher burden of proof than they are supposed to.
“Because correctional staff have a law enforcement mentality, they often go to the burden of proof of ‘beyond a reasonable doubt,’ which is quite high,” Abbate said. “For administrative investigations, they should only be using a ‘preponderance of the evidence’ standard.”
Another reason is officers may feel like it’s futile to punish an incarcerated person when they’re already serving prison time. Put differently, every aspect of incarceration, from intake to the fact that guards have total authority over prisoners, can exacerbate conditions that lead to prison rape.
“It’s been illegal to rape people forever,” Abbate said. “If you could just criminalize your way out of this issue, it would be done, just like if you could criminalize your way out of the crime problem in the country, it would be done. It doesn’t work on the streets, and it doesn’t work in a correctional facility.”
And prison rape can be difficult to substantiate. In particular, Abbate said allegations like Hughes’ of improper pat downs can be especially tough to prove since pat downs are, by nature, invasive.
Other aspects of Hughes’ case are emblematic of the problems that persist in prisons despite PREA, Abbate said. Most alarming to her is the nurse practitioner who knew Hughes had a complaint and that it was closed.
“Allegations are supposed to be disclosed just on a need-to know basis to avoid any sort of retaliation or rumor-mongering,” she said.
Since PREA complaints are confidential, MDOC isn’t required to share information about Hughes’ case with anyone, including the press. Confidentiality is crucial to protect incarcerated people, but Abbate noted it can backfire in some circumstances.
“It can certainly have unintended consequences when well-intended outsiders are looking at what’s going on on the inside,” she said.
That was the case with Anthony Allen, a former correctional officer who now works as a bail bondsman in south Mississippi and makes YouTube videos about the conditions in MDOC’s prisons. In mid-October, Allen was contacted by a prison-reform advocate who was concerned about Hughes’ case. So, hoping to help, he called Walnut Grove to make a third-party report.
Allen was transferred to CID.
“I’m trying to see if y’all will take the complaint and investigate it,” he told the staff member, according to a recording he made of the call.
“What’s your name?” She asked. “And who do you work for?”
It wasn’t until Allen explained he is still a certified correctional officer that the staff member told him, “I’m gonna get your number and get our investigator to give you a call.”
No one did.
“You could be someone sweeping the floor in the warden’s office,” Allen said. “If you are given a complaint, that is failure to report and that is a big fine and that is something you do not do.”
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
Rate decision on hold as Wingate tracks down Siemens funds
U.S. District Court Judge Henry Wingate said he’s putting his decision on hold over whether to approve JXN Water’s proposed rate increase until after he finds out what happened with roughly $90 million from a settlement with Siemens.
In 2020, the city of Jackson settled its lawsuit with the German company over years of faulty metering for water services. While about a third of the $90 million went to legal fees, city officials couldn’t immediately say where the rest of those funds went during a status conference Monday.
City Attorney Drew Martin said he was working to comply with a subpoena Wingate issued last week looking for an accounting of the settlement dollars, adding that he would have those details within a day or two. While he couldn’t say for sure where the money went, Martin said the city spent about $50 million within a few months after the settlement, and that there was $8 million remaining as of 2022.
Ted Henifin, who runs JXN Water and first proposed the rate increase in February, said the increase would still be necessary even if the utility received all the money from the Siemens settlement. He said the utility’s day-to-day management is operating at a deficit, and that the $60 million from the settlement — what Jackson received after paying its lawyers — would only cover losses for the next two years.
Henifin added that he’s asking the federal government to move around its funding to the city so he can spend more of it on operations and management. Without a boost to JXN Water’s finances, he said the utility would have to stop paying its contractors.
Wingate inquired about the settlement money during a two-day status conference last month. Henifin told the judge he had no idea what the city did with the funds. Wingate explained Monday that he wanted to make sure he was aware of all possible funding for JXN Water before approving a second rate increase in as many years.
It’s unclear how soon he’ll decide. In addition to Jackson officials, Wingate issued the subpoena on July 9 to the state and federal government as well as four different law firms. The subpoena gives the parties 30 days to produce any information on where the settlement funds went.
The judge also brought up the city’s history with shutting off nonpaying customers. Martin explained that the city, under then Mayor Tony Yarber, agreed to pause shutoffs for customers who had issues with Siemens’ water meters. Jackson prepared to bring back shutoffs in 2019, he said, but put them on hold again during the COVID-19 pandemic.
This article first appeared on Mississippi Today and is republished here under a Creative Commons Attribution-NoDerivatives 4.0 International License.
The post Rate decision on hold as Wingate tracks down Siemens funds appeared first on mississippitoday.org
Note: The following A.I. based commentary is not part of the original article, reproduced above, but is offered in the hopes that it will promote greater media literacy and critical thinking, by making any potential bias more visible to the reader –Staff Editor.
Political Bias Rating: Centrist
This article maintains a factual, neutral tone focused on reporting the status of a legal and financial issue concerning Jackson’s water utility and the Siemens settlement funds. It presents statements from both the judge and city officials without editorializing or taking sides. The language is straightforward and balanced, emphasizing transparency and accountability rather than ideological framing. The article refrains from promoting any political viewpoint and instead centers on the procedural and fiscal aspects of the case, aligning it with neutral, centrist reporting.
Mississippi Today
Donor aids Civil War battlefield in Vicksburg
Vicksburg National Military Park is receiving over $5 million toward restoring a key monument and removing a building that previously was used as a visitors’ center.
Friends of the Vicksburg National Military Park recently announced a $2.8 million private donation to the park by John L. Nau III, a Texas businessman and philanthropist who was a founding board member of the nonprofit Friends organization.
The National Park Service’s Centennial Challenge program will match the donation with $2.5 million in federal funds.
The money will go to restoring the Illinois Memorial and removing an unrelated building that was “erroneously constructed on core battlefield ground — an intrusion that obscures the story and sacrifices of the men who fought and died there in 1863,” according to the Friends.
“Standing on restored battlefield ground gives visitors a chance to truly understand the story of Vicksburg — not just read about it, but feel it,” Bess Averett, executive director of the Friends of Vicksburg National Military Park, said in a press release. “Visitors deserve to walk this hallowed ground and see it as Union and Confederate soldiers saw it during the siege.”
In 1863, Union forces led by Gen. Ulysses S. Grant laid siege to Vicksburg. After 47 days, the Confederate army surrendered, and the defeat turned the tide of the Civil War as the Union gained control of the Mississippi River.
Vicksburg National Military Park was established in 1899 at the battleground. It commemorates the siege and its role in the Civil War, as well as those who fought.
The Illinois Memorial is dedicated to more than 36,000 soldiers from that state who fought in Vicksburg. Both the stone and the inscriptions inside the building have worn down from weather exposure.
In the release, Friends of Vicksburg National Military Park said the park needs both public and private support, as the National Park Service manages over 400 units nationwide.
“We need donors and volunteers now more than ever before,” Averett said.
This article first appeared on Mississippi Today and is republished here under a Creative Commons Attribution-NoDerivatives 4.0 International License.
The post Donor aids Civil War battlefield in Vicksburg appeared first on mississippitoday.org
Note: The following A.I. based commentary is not part of the original article, reproduced above, but is offered in the hopes that it will promote greater media literacy and critical thinking, by making any potential bias more visible to the reader –Staff Editor.
Political Bias Rating: Centrist
This article presents factual reporting on a private donation to Vicksburg National Military Park without evident ideological slant. The piece focuses on the historical significance of the park, the restoration efforts funded by both private and federal sources, and quotes from a nonprofit executive emphasizing the need for support. The language is neutral and informative, avoiding political framing or partisan commentary. It reports on the actions and statements of involved parties without promoting a particular political viewpoint, adhering to balanced coverage of the subject matter.
Mississippi Today
Coast judge upholds secrecy in politically charged case. Media appeals ruling.
A Jackson County Chancery Court judge is denying the public access to a case that involves several politically connected Mississippians and their failed venture to ticket uninsured motorists using cameras and artificial intelligence.
Media companies Mississippi Today and the Sun Herald have filed for relief with the state Supreme Court, arguing that Chancery Judge Neil Harris improperly closed the court file without notice and a hearing to consider alternatives. The media outlets say the court file should be opened.
Mississippi Today in June filed its motion asking that Harris unseal the case, which he denied six days later.
Gulfport attorney Henry Laird writes in the media companies’ petition for state Supreme Court review, “The Chancery Court sealing the entire court file both before and after Mississippi Today’s motion to unseal the file violates the public and press’ cherished right of openness and access to its public court system and records.”
Mississippi judges have long followed a 1990 state Supreme Court decision that says, “A hearing must be held in which the press is allowed to intervene on behalf of the public and present argument, if any, against closure.”
Instead, Harris said he found no hearing necessary after reviewing the pleadings to open the file. The case, he said, is between two private companies.
“There are no public entities included as parties,” he wrote, “and there are no public funds at issue. Other than curiosity regarding issues between private parties, there is no public interest involved.”
The case involves what is usually a public function: Issuing tickets to the owners of uninsured vehicles. And, according to one party to the case, the Mississippi Department of Public Safety is owed $345,000 from the uninsured motorist program.
READ MORE: Private business ticketed uninsured Mississippi vehicle owners. Then the program blew up.
Since the entire court file is closed, the public is unable to see why the judge sealed the case. The Mississippians said in the Chancery Court case that they have “substantial” business interests to protect and “a lot of political importance,” an attorney opposing them said in a related federal case that is not sealed.
Georgia-based Securix LLC signed up its first Mississippi client in 2021, the city of Ocean Springs, an agreement with the city showed. Securix developed a program that uses traffic cameras, artificial intelligence and bulk data on insured motorists to identify the owners of vehicles without insurance.
To sign on other Mississippi cities, Securix enlisted three well-known consultants, Quinton Dickerson, Josh Gregory and Robert Wilkinson. Dickerson and Gregory are Republican political operatives in Jackson who have run numerous state and local campaigns and advise many of the state’s top elected officials. Wilkinson, a Coast attorney, has represented local governments and government agencies, including the city of Ocean Springs.
MS business partnership sours
In 2023, the Mississippians formed QJR LLC. Their company entered a 50-50 partnership with Securix called Securix Mississippi.
Securix Mississippi sold the cities of Biloxi, Pearl and Senatobia on the uninsured driver program.
Fees collected from uninsured drivers were apportioned to the company, the cities and the Department of Public Safety, the operating agreement with Biloxi showed.
The citations offered three options, according to copies included in a federal lawsuit filed by three Mississippi residents who received them:
- Call a toll-free number and provide proof of insurance.
- Enter a diversion program that charges a $300 fee and includes a short online course and requires agreement that the vehicle will not be driven uninsured on public roadways.
- Contest the ticket in court and risk $510 in fines and fees, plus the potential of a one-year driver’s license suspension.
The Securix Mississippi partnership soon soured.
Securix Chairman Jonathan Miller of Georgia said in a sworn court declaration submitted in the federal case that he was subjected around March 2024 to a “freeze out” by members and/or employees of QJR. They stopped giving him information, Miller said.
The Department of Public Safety in August pulled the plug on the controversial ticketing program, shutting off the company’s access to the insured driver database.
In September, QJR filed its Chancery Court lawsuit against Securix LLC.
What is known about the case comes from documents in the federal court file. QJR claims the company and its members have been defamed by Miller and Securix and wants their 50-50 business partnership dissolved.
The Chancery Court case does not even show up when the parties are searched for by name.
With a case number gleaned from the federal court file, a search of chancery records shows only that the case is under seal.
Normally, when a case is under seal, the docket would still be available. A docket lists all records and proceedings in a case. While sealed records are listed and described, they can’t be viewed.
“There is no court file,” attorney Laird said in asking the Supreme Court to review Judge Harris’ decision to leave the file sealed. “There is no docket sheet. There is absolutely no access on the part of the public or press to their public court file in this case.”
Judge closes file without public notice
All Mississippi court files are presumed open unless they are closed with notice and a hearing under guidelines established in the 1990 case Gannett River States Publishing Co. vs. Hand.
“It appears that the judge ignored what has been settled law in Mississippi since 1990,” said retired Jackson attorney Leonard Van Slyke, who represented Gannett in the case and still advises the media.
He added, “Since that time, there have not been many efforts to close a courtroom or a court file because the rules are pretty clear as to when that can be done. It is obvious from the rules that this would be a rare occurrence.”
A court file can be closed only if a party in the case requesting closure can show an “overriding interest” that would be prejudiced by publicity.
The Supreme Court said in 1990 that the public is entitled to at least 24 hours’ notice — on the court docket — before a judge considers closure. As a representative of the public, the media has a right to a hearing before a court file or proceeding is closed.
At the hearing, the judge must consider the least restrictive closure possible and reasonable alternatives. The judge also must make findings that explain why alternatives to closure were rejected.
The court wrote in Gannett vs. Hand:
“A transcript of the closure hearing should be made public and if a petition for extraordinary relief concerning a closure order is filed in this Court, it should be accompanied by the transcript, the court’s findings of fact and conclusions of law, and the evidence adduced at the hearing upon which the judge bases the findings and conclusions.”
Because Judge Harris held no hearing, the high court will have a scant record on which to base its review. Without a court record, Laird pointed out in his filing, the public can have no confidence the judge made a sound decision.
Kevin Goldberg, an attorney who serves as vice president and First Amendment expert at the nonpartisan, nonprofit Freedom Forum, said the First Amendment guarantees the public access to courts.
In the Securix case, he said, a private business was doing work normally performed by a police department or other public agency, and residents could be snared into legal proceedings when they received tickets and public funds were involved.
“These are not private people in a small town, going about their business,” Goldberg said. “These people’s business is the public’s business . . . I think that means they need to accept that they’re going to be scrutinized all the time, including when they voluntarily make a decision to go to court.”
This article was produced in partnership between the Sun Herald and Mississippi Today.
This article first appeared on Mississippi Today and is republished here under a Creative Commons Attribution-NoDerivatives 4.0 International License.
The post Coast judge upholds secrecy in politically charged case. Media appeals ruling. appeared first on mississippitoday.org
Note: The following A.I. based commentary is not part of the original article, reproduced above, but is offered in the hopes that it will promote greater media literacy and critical thinking, by making any potential bias more visible to the reader –Staff Editor.
Political Bias Rating: Center-Left
This article maintains a largely factual and investigative tone, focusing on government transparency, judicial procedure, and public access to court records. It critiques the secrecy upheld by a judge in a politically sensitive case involving private companies executing public functions, highlighting concerns about accountability and public interest. The framing leans slightly toward advocating for open government and media rights, values often associated with center-left perspectives. However, it stops short of overt ideological framing or partisan language, striving to report the facts and legal context while underscoring the public’s right to scrutiny.
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