I am writing regarding an issue that affects my friend who is imprisoned
at the TDCJ Unit A.D. Hughes in Gatesville, Texas. Prison Administrators
at this unit are continually denying the inmates and convicts in
Administrative Segregation (AdSeg) any amount of time out of their cells
to exercise or shower as well as continually providing the inmates and
convicts with nutritionally inadequate meals thus violating State and
Federal Law. These issues are causing damage to their mental and
physical health in addition to indirectly creating a risk to public
safety.
My friend is in AdSeg where the inmates and convicts are already
confined for 23 hours each day in a cell the size of a small closet
which was designed to create maximum isolation from human contact. Their
only break from this type of confinement is one hour out-of-cell
exercise the State and Federal Courts ordered TDCJ to provide during
incarceration (Ruiz v. Estelle, 679 F.2d 1115 1151-52 (5th Cir., 1982)).
An hour of out-of-cell exercise or activity was ordered each and every
single day because of the risk to the mental and physical health of all
inmates and convicts who are subjected to uninterrupted confinement in a
tiny four-wall cell. This serious issue is well established and
recognized.
However, at the Hughes Unit prison, officials are habitually and
continually disregarding the established laws. For instance, in the four
and a half month period from April 2018 through August 2018, there was
no out-of-cell exercise provided to inmates and convicts in AdSeg on 156
of those days. This isn’t a new development or the result of an
emergency situation. Over the last several years, out-of-cell exercise
has been canceled at a similar rate on this unit. Administrators at the
A.D. Hughes Unit have not been consistently complying with State of
Federal Laws–at best they are complying half the time.
To make matters worse, on about half of that time, administrators are
providing inmates and convicts in AdSeg meals that are calorically and
nutritionally inadequate which is also a violation of State and Federal
Law. Approximately one fourth of all meals served consist of just two
sandwiches and nothing more. The first sandwich has only a single slice
of processed lunch-meat, soy patty or other similar meat-type product.
The second sandwich has about a spoonful of peanut butter. The two
sandwiches combined contain about 500 calories. There are never any
fruits of vegetables or any other food required for a balanced diet made
available to the inmates in AdSeg. It is impossible for these two
sandwiches that are provided every now and then to maintain a person’s
health. Sometimes the convicts at the Hughes Unit could be forced to eat
nothing but these sandwiches for months at a time, but only if there was
a disciplinary lock-down and we are to be on a 2,500 calories daily
dIet.
They got out-of-cell time only 95 times. There is no valid reason for
the issues to be happening on a regular basis. Inmates and convicts are
given the excuse that there is a lack of staff to provide out-of-cell
exercise or to serve proper meals when they question these issues. While
this may have been true in some instances, there are many days where
exercise was denied while there was adequate staffing on the unit. The
staff are choosing to cancel out-of-cell exercise because they don’t
feel like performing their daily work-time duties. When staff wants a
day off they just ask the ranking officer in charge to declare a staff
shortage and then they sit around on the unit during their shift doing
nothing but collecting payment for a job they aren’t performing–money
provided by taxpayers. No one is holding TDCJ-CID unit administrators,
or these staff members, accountable for their behavior mainly because it
takes place all the way down the line from the executive director down
to the CO II.
Even when there is a genuine staff shortage that fact doesn’t absolve
prison administrators of the responsibility of doing whatever is
necessary to fully and adequately staff the prisons. Indeed the very
essence of their duty is to create and maintain prisons that comply with
all relevant laws. The chronic staff shortage is due in part to
halfhearted measures taken to hire new employees: when new employees are
hired they are often fired on trivial pretexts in order to keep staffing
levels artificially low to save money on the prison budget.
It is always important to remember that these inmates and convicts will
eventually be paroled or serve their sentences and be released back into
society. There is a growing awareness that these types segregation units
are incubators of mental illness and further criminality; even when run
properly, which they never have been and never will be. Prison
administrators’ disregard for the inmates and convicts’ rights and well
being here at the Hughes Unit is only making the problems worse, but
only because they wear a different color uniform than us that puts them
as bias against us from jump street. After mistreating and antagonizing
the convicts for years, TDCJ-CID administrators will just release them
back into society, leaving an unsuspecting public to deal with the
resulting fallout. Prison administrators at the Hughes Unit are putting
us all at risk with this type of unlawful behavior.
Please investigate this matter and see to it that prison officials at
the Hughes Unit provide the AdSeg inmates and convicts with a minimum of
an hour of out-of-cell recreation every single day as well as showers on
a daily basis and nutritious meals as ordered by State and Federal Law.