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MDOC prisoner vows hunger strike if his sexual assault complaint is not investigated

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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.”

Garnett Hughes, who is incarcerated at Walnut Grove Correctional Facility, has pledged to go on a hunger strike if his PREA complaint is not investigated by Jan. 15. Credit: Courtesy Danielle Hughes

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

On this day in 1972

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mississippitoday.org – Jerry Mitchell – 2024-11-16 07:00:00

Nov. 16, 1972

Credit: Courtesy: LSU Manship School News Service

A law enforcement officer shot and killed two students at Southern University in Baton Rouge after weeks of protests over inadequate services. 

When the students marched on University President Leon Netterville’s office, Louisiana Gov. Edwin Edwards sent scores of police officers in to break up the demonstrations. A still-unidentified officer shot and killed two 20-year-old students, Leonard Brown and Denver Smith, who weren’t among the protesters. No one was ever prosecuted in their slayings. 

They have since been awarded posthumous degrees, and the university’s Smith-Brown Memorial Union bears their names. Stanley Nelson’s documentary, “Tell Them We Are Rising: The Story of Black Colleges and Universities,” featured a 10-minute segment on the killings. 

“They were exercising their constitutional rights. And they get killed for it,” former student Michael Cato said. “Nobody sent their child to school to die.” 

In 2022, Louisiana State University Cold Case Project reporters, utilizing nearly 2,700 pages of previously undisclosed documents, recreated the day of the shootings and showed how the FBI narrowed its search to several sheriff’s deputies but could not prove which one fired the fatal shot. The four-part series prompted Louisiana Gov. John Bel Edwards to apologize to the families of the victims on behalf of the state.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Gloster residents protest Drax’s new permit request

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mississippitoday.org – Alex Rozier – 2024-11-15 13:33:00

GLOSTER — Drax, the United Kingdom-based wood pellet producer that’s violated air pollution limits in Mississippi multiple times, is asking the state to raise the amount of emissions it’s allowed to release from its facility in Gloster.

In September, the state fined Drax $225,000 for releasing 50% over the permitted limit of HAPs, or Hazardous Air Pollutants, from its facility Amite BioEnergy. In a pending permit application that it submitted to the Mississippi Department of Environmental Quality in 2022, the company is seeking to transition from a “minor source” of HAPs to a “major source.”

A “major source” permit would remove the limit over the facility’s total HAP emissions, but it would apply a new limit over the rate at which Drax could release the pollutants.

This year’s fine was its second penalty for violating Mississippi law around air pollution limits. In 2020, the state fined the company $2.5 million for releasing over three times the legal threshold of Volatile Organic Compounds, or VOCs, one of the largest such fines in state history. Drax underestimated its VOC releases since the facility opened in 2016, but didn’t realize it until 2018. The facility didn’t come into compliance until 2021.

The Environmental Protection Agency lists a variety of potential health impacts from exposure to HAPs, including damage to the immune system and respiratory issues. VOCs can also cause breathing problems, as well as eye, nose and throat irritation, according to the American Lung Association.

About sixty people packed into a Gloster public library for MDEQ’s public hearing over Drax’s permit application on Nov. 14, 2024.

For years since Drax’s violations became public, nearby residents have attributed health issues to living near the facility. During a public hearing on Drax’s permit request Thursday in Gloster, attendees reiterated those concerns.

“We all experience headaches every day,” resident Christie Harvey said about her and her grandchildren. Harvey said she has asthma too, and her doctor was “baffled” by her symptoms. “Each week I have to take (my grandchildren) to the clinic for upper respiratory issues … It’s not fair that we have to go through this. Drax needs to lower the pollution as much as possible.”

Part of the public outcry is the proximity of people’s homes to the plant, which is within a mile of Gloster’s downtown.

A screenshot of Google Maps showing the location of Drax’s Amite BioEnergy facility relative to the rest of Gloster. The facility is within a mile of the downtown area.

“The wood pellet plant in Lucedale is situated in an industrial park outside of town,” Andrew Whitehurst of Healthy Gulf, an environmental group dedicated to protecting the Gulf of Mexico’s natural resources, said at the meeting. “The wood pellet plant that (Enviva is) trying to put in Bond will be situated north and west of the downtown area. Not like this when it’s right smack in the middle (of the city). It’s totally inappropriate. People can’t take it, they don’t deserve it.”

In a statement to Mississippi Today, Drax said it prioritizes the public health and environment in Gloster, adding that the permit modification is a part of standard business practice.

“When we first began operations, some of our original permits were not fit for purpose,” spokesperson Michelli Martin said via e-mail. “We are now working to acquire the appropriate permits for our operating output and to improve our compliance. Within these permits the requirements may change based on engineering data and industry standards. This permit modification is part of our ongoing plan to provide MDEQ with the most accurate data. Drax fully supports the resolution of our permitting request and looks forward to working with MDEQ to finalize the details.”

While researchers, including from Brown University, are studying the health symptoms of residents near the wood pellet plant, there is no proven connection between the facility’s emissions and those symptoms.

Erica Walker, a Jackson native who teaches epidemiology at Brown and who’s leading the study, spoke to Mississippi Today earlier this year. Regardless of the cause and effect, she said, the decision to put the plant near disadvantaged communities with poor health outcomes is concerning.

“We want to make sure we aren’t additionally burdening already burdened communities,” Walker said.

Operations resume at Drax in Gloster, Miss., on Friday, Feb. 16, 2024. Some Gloster residents are concerned with the industrial pollution caused by the company that produces wood pellets in the town. Credit: Eric J. Shelton/Mississippi Today

About 1,300 people live in the city, according to Census data, and 39% live below the poverty line.

Moreover, Gloster residents often have to travel hours, to cities such as McComb and Baton Rouge, to find the nearest medical specialist. Amite County, where Gloster is, has a higher rate of uninsured residents than the rest of the state, according to County Health Rankings, and the ratio of residents to primary care physicians is over three times greater in the county than Mississippi as a whole.

As part of its application, Drax is seeking a Title V permit under the Clean Air Act, which the EPA requires for major sources of air pollutants. This gives the EPA the opportunity to review Drax’s application and public comments submitted with it. The public can submit comments on the application until Nov. 26, and can do so through MDEQ’s website.

The Mississippi Environmental Quality Permit Board, which is made up of officials from several state agencies, will then decide whether or not to grant the new permits. A full overview of the process and Drax’s application is available online.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi receives ‘F’ rating on preterm birth rate

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mississippitoday.org – Sophia Paffenroth – 2024-11-15 10:11:00

Mississippi received an F grade for its rate of preterm births in 2023 – those occurring before 37 weeks gestation – from the 2024 March of Dimes report card

Mississippi’s preterm birth rate was 15%, the worst in the country. Any state with a rate greater than 11.5% also received an F. The U.S. average was 10.4%. 

Preterm births in Mississippi have risen steadily over the last decade, increasingly nearly 2% since 2013. In Jackson, the state capital, nearly one in five babies are born preterm, according to the report. 

“As a clinician, I know the profound impact that comprehensive prenatal care has on pregnancy outcomes for both mom and baby,” Dr. Amanda P. Williams, interim chief medical officer at March of Dimes, said in a press release. “Yet, too many families, especially those from our most vulnerable communities, are not receiving the support they need to ensure healthy pregnancies and births. The health of mom and baby are intricately intertwined. If we can address chronic health conditions and help ensure all moms have access to quality prenatal care, we can help every family get the best possible start.” 

In addition to inadequate prenatal care, factors such as smoking, hypertension, diabetes and unhealthy weight can cause people to be more likely to have a preterm birth.

The report highlighted several other metrics, including infant mortality – in which Mississippi continues to lead the nation. 

In 2022, 316 babies in the state died before their first birthday. Among babies born to Black mothers, the infant mortality rate is 1.3 times higher. 

The state’s maternal mortality rate of 39.1 per 100,000 live births is nearly double the national average of 23.2.

Mississippi has yet to expand Medicaid – one of only 10 states not to do so – and tens of thousands of working Mississippians remain without health insurance. It also has not implemented paid family leave, doula reimbursement by Medicaid, or supportive midwifery policies – all of which March of Dimes says are critical to improving and sustaining infant and maternal health care.

The Legislature passed a law last session that would make timely prenatal care easier for expectant mothers, but more than four months after the law was supposed to go into effect, pregnant women still can’t access the temporary coverage.

“March of Dimes is committed to advocating for policies that make healthcare more accessible like Medicaid expansion, addressing the root causes of disparities, and increasing awareness of impactful solutions like our Low Dose, Big Benefits campaign, which supports families and communities to take proactive steps toward healthy pregnancies,” Cindy Rahman, March of Dimes interim president and CEO, said in a press release.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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