Federal Judge Rules Inmate Death Records Can Remain Secret Because They Could Embarrass Prison Officials
In response to a public records lawsuit filed by the Reason Foundation, the nonprofit that publishes Reason, a federal judge has ruled the U.S. government can hide findings about whether people who died in federal prison received adequate medical care, partly out of fear that those records could be used to criticize prison officials.
U.S. District Court Judge for the District of Columbia Christopher R. Cooper issued an opinion in August that the federal Bureau of Prisons (BOP) was largely not required to disclose redacted information from mortality reviews of in-custody deaths in two federal women’s prisons that have been the subject of numerous accusations of medical neglect.
In addition to finding that the mortality reviews were part of the BOP’s decision-making process, Cooper wrote that the BOP had successfully demonstrated that releasing the records would result in foreseeable harm to the agency. The judge wrote that a declaration from a BOP official credibly established that the mortality reviews could be used to “criticize” or “ridicule” the agency.Â
“And, as described above, she notes that the members of the Mortality Review Committee would be ‘deter[red] . . . from acknowledging mistakes’ if they feared those mistakes would be publicized,” Cooper continued.
Reason Foundation, represented by the law office of Deborah Golden, filed a Freedom of Information Act (FOIA) lawsuit last year against the BOP seeking mortality reviews of in-custody deaths at FCI Aliceville, a federal women’s prison in Alabama, and FMC Carswell, a federal prison in Texas that is the only medical center for incarcerated women in the BOP system.
Whenever a federal inmate dies, a committee reviews the circumstances and whether BOP policies were violated. The committee then gives recommendations on how care could have been improved. That information could reveal whether the BOP is aware of medical neglect within its walls and how bad the problem is.
Reason reported in 2020 on allegations of fatal medical neglect inside FCI Aliceville. Numerous current and former inmates, as well as their families, said in interviews, desperate letters, and lawsuits that women inside FCI Aliceville faced disastrous delays in health care. They described monthslong waits for doctor appointments and routine procedures, skepticism and retaliation from staff, and terrible pain and fear.
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