November 25, 2003

Investigation of McPherson and Grimes Correctional Units, Newport, Arkansas

 Dear Governor Huckabee:

On May 8, 2002, we notified you of our intent to investigate conditions at the McPherson and Grimes Correctional Units (the Units) pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. 1997. We write to report the findings of our investigation and to recommend remedial measures to ensure that the Units meet federal constitutional requirements.

On July 23-26, August 20-23, and September 25-27, 2002, we conducted on-site inspections of each Unit with consultants in the fields of correctional medical and mental health care, penology, sexual misconduct prevention, and environmental health and safety. While on-site, we interviewed administrative and security staff, medical and mental health care providers, and inmates. We also reviewed a large number of documents, including policies and procedures, incident reports, grievances, medical records, and use of force records. We appreciate the full cooperation we received from state officials throughout our investigation. We also wish to extend our appreciation to the staff and administrations of both Units for their professional conduct and timely response to our document requests.

Having completed our investigation of McPherson and Grimes, we conclude that certain conditions at these facilities violate the constitutional rights of the inmates confined there. As detailed below, we find that: (1) inmates at McPherson and, to a lesser extent at Grimes, experience deliberate indifference towards their serious medical needs; (2) inmates at both Units receive inadequate protection from physical harm and sexual misconduct; and (3) inmates at both Units are exposed to unsanitary and unsafe environmental conditions. These deficiencies expose inmates to serious harm and have, in some cases, resulted in actual injury.