Posted on: Tuesday, December 11, 2001
ACLU files suit over jail practices
By Brandon Masuoka
Advertiser Staff Writer
The American Civil Liberties Union yesterday asked the federal court to stop the detention of hundreds of people who, after being found not guilty, are returned to jail and subjected to what the organization called unfair treatment.
The state director of public safety,Ted Sakai, said acquitted inmates are returned to O'ahu Community Correctional Center to clear routine background checks and collect belongings prior to final court approval for their release.
The class-action suit filed yesterday in U.S. District Court says the state's practice was to confine and strip-search acquitted individuals. The suit seeks a court order to stop the practice and monetary compensation for those subjected to it.
Brent White, ACLU of Hawai'i legal director, said that, according to defense attorneys, the practice has gone on for more than 10 years.
White said a similar lawsuit against Los Angeles County was settled in August for $27 million.
"It is bad enough that innocent individuals would be forced to stay in custody awaiting the opportunity to prove their innocence, but it is astounding that, even after being exonerated, they would be subject to such indignities," White said.
"When you are found not guilty, you are supposed to be free to walk out of the front of the courthouse like everyone else."
Defendants listed in the lawsuit are the state's Department of Public Safety and its director, Sakai; O'ahu Community Correctional Center warden Clayton Frank; and Cappy Caminos, acting chief of the sheriff's division of the Department of Public Safety, who is also first deputy sheriff in the court branch of the sheriff's division.
The lawsuit contends that after their acquittal, plaintiffs Gregory Tapaoan, Michael Mars, Pedro Paula Ribeiro and hundreds of other individuals were handcuffed, shackled and placed in court holding cells for hours. The suit alleges that they were then chained with other prisoners, transported back to OCCC, forced to submit to strip searches, and confined to prison cells for hours and sometimes days.
While being so detained, they were denied permission to make phone calls, forced to wear jail clothing, and harassed and threatened by prison guards, among other things, according to the complaint.
In a written response, Sakai said the Department of Public Safety has not been served with the complaint, has never been approached by the ACLU about any practice involving the processing of inmates after acquittals, and was unaware of the specific allegations.
Sakai said the courts notify the Department of Public Safety about when to detain and release inmates.
"As a general rule, the Department of Public Safety will only detain inmates upon the receipt of bona fide court orders for detention, and will similarly only release inmates upon the receipt of bona fide court orders for release," Sakai said.
He said individuals are returned to OCCC so the department can clear individual background checks and return property to the individuals.
"Processing at OCCC allows the Department of Public Safety to ensure that there are no other orders requiring detention by the federal government or other states, and that there are no pending charges in other cases for which detention is necessary," Sakai said. "Finally, personal belongings are generally located at OCCC, and are returned to the inmate at that location."
White said the law firm of Davis, Levin, Livingston, Grande is assisting with the lawsuit.
