Prisoner at Ely Denied Surgery – Now Barely Able to Walk

ACLU NV:

Submitted by Rahul Sharma on Thu, 03/10/2011

On March 5th, the ACLU of Nevada submitted a friend -of-the-court brief in support of John Snow, an elderly man at Ely State Prison who has been repeatedly denied hip surgery, and who, as a result, is now barely able to walk and has severely damaged kidneys.

In September of 2006, Mr. Snow saw an orthopedist retained by the Nevada Department of Corrections (NDOC), who diagnosed him with severe degenerative arthritis of the hips. Four months later, at a follow-up appointment, the orthopedist wrote that Mr. Snow could “barely walk” and that “[t]here is no option here other than surgery for relief.” NDOC denied surgery at least three times, despite urgent recommendations and a finding that the medications Mr. Snow needs to manage his hip pain are toxic to his kidneys. As of this date, Mr. Snow still has not had surgery.

In January of 2008, Mr. Snow filed a lawsuit alleging, among other things, that NDOC officials had been deliberately indifferent to his serious medical needs, in violation of the Eighth Amendment’s ban on cruel and unusual punishment. In preparations for trial, a former nurse at the prison testified that one doctor said of Mr. Snow, “This guy’s an asshole. I’m not going to treat him.” Evidence also showed that in response to one of Mr. Snow’s medical requests, a physician’s assistant wrote that he was “gonna let [Mr. Snow] suffer.” (The physician’s assistant now asserts that his response to Mr. Snow was meant to be “tongue-in-cheek.”)

The ACLU of Nevada argues in its brief that Mr. Snow’s case should be allowed to go to trial, as there is ample evidence for a jury to find that prison officials were deliberately indifferent to his medical needs.
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Unfortunately, Mr. Snow’s circumstance is only a symptom of the prison crisis recently discussed in our report, Not Fit for Human Consumption or Habitation: Nevada’s Prisons in Crisis. Medical care at Ely State Prison, the same prison in Mr. Snow’s case, was also the subject of a 2008 class action lawsuit filed by the ACLU of Nevada and the ACLU’s National Prison Project. The lawsuit charged that a pattern of grossly inadequate medical care at the facility created a substantial risk of serious harm for every prisoner incarcerated there.

The ACLU of Nevada hopes Mr. Snow can find redress in the courts for the inhumane treatment he has suffered. It also hopes that NDOC and the Nevada Legislature will work to keep future cases like this from happening.

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Are elderly prisoners really a threat to public safety?

Nursing homes with razor wire
Are elderly prisoners really a threat to public safety?
By David Fathi
LA Times
December 23, 2009

Sometime in the 1970s, the United States began a love affair with incarceration that continues to this day. After holding nearly steady for decades, our prison population began to climb as criminal justice policy took a sharply punitive turn, with the massive criminalization of drug use, “three strikes” laws and other harsh sentencing practices. More people were going to prison, and staying there longer. By 2005, the prison population was six times what it had been in 1975.

One little-known side effect of this population explosion has been a sharp increase in the number of elderly people behind bars. According to the Justice Department, in 1980 the United States had about 9,500 prisoners age 55 and older; by 2008, the number had increased tenfold, to 94,800. That same year, the number of prisoners 50 and older was just shy of 200,000 — about the size of the entire U.S. prison population in the early 1970s.

People age 50 or 55 may seem a bit young to be classified as elderly. But because their lives have often been characterized by poverty, trauma and limited access to medical care and rehabilitative services, most prisoners are physiologically older than their chronological age would suggest, and more likely to have disabling medical conditions than the general population. One study cited by Ronald H. Aday in his 1994 article in Federal Probation concluded that the average prisoner over 50 has a physiological age 11.5 years older than his chronological age.

With 1 in 11 U.S. prisoners serving a life sentence — in some states, the figure is 1 in 6 — it’s no surprise that the number of elderly prisoners is skyrocketing. In 2007, the New York Times profiled then-89-year-old Charles Friedgood, a New York state prisoner who had served more than 30 years of a life sentence for second-degree murder. Although he had terminal cancer and had undergone several operations, including a colostomy, he had been denied parole five times before being released in 2007. Friedgood at least had the opportunity to apply for parole; in some states, parole has been abolished, and a life sentence means exactly that.

Being in prison is hard on anyone, but the elderly face special dangers, particularly if they are ill or disabled. Some have complex medical and mental health needs that prisons are ill-equipped to handle. Many prisons are not accessible to persons with mobility impairments; for them, bathing, using the toilet or even getting in and out of their cells can be a difficult, dangerous challenge. And older prisoners are more likely to be robbed, assaulted or otherwise victimized.

Some states have so many elderly prisoners that they have built special facilities to house them. Several years ago I visited the Ahtanum View Corrections Center, Washington state’s prison for the elderly. Everywhere I looked were aged, frail, disabled people, some of whom could barely move without assistance. The prison’s webpage helpfully points out that a volunteer clergy team is available to assist prisoners with “end-of-life issues.”

The main justification for incarceration is to protect public safety. But it’s hard to see the public safety rationale for keeping so many elderly people in prison.

It’s even harder to understand the economic justification. Incarceration is expensive — about $24,000 per year for the average prisoner, according to a 2008 Pew Center on the States report. Keeping someone over 55 locked up costs about three times as much. Given that criminal behavior drops off dramatically with advancing age, this is a major investment for very little return.

As the United States faces its worst fiscal crisis in decades, many states are taking a hard look at their prisons, which consume a large and increasing portion of state budgets. As part of this long overdue re-examination, lawmakers should ask whether so many elderly people really need to be in prison and whether the state should be in the business of operating nursing homes with razor wire.

David Fathi is director of the U.S. division at Human Rights Watch.

Copyright © 2009, The Los Angeles Times
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