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Cuyahoga County agrees to rewrite jail policies in settlement of lawsuit alleging constitutional violations

Legal counsel for the 19 plaintiffs explained Wednesday how the Cuyahoga County Jail's culture and operations will improve as a result of the settlement.

CLEVELAND — New changes are coming to the Cuyahoga County Jail after a settlement of a years-long class-action lawsuit over alleged constitutional violations of inmates. The Cuyahoga County Council approved the settlement between the plaintiffs and the county Tuesday.

Legal counsel for the 19 plaintiffs held a press conference Wednesday to explain how the jail's culture and operations will be improving.

"So hopefully this is a start that we can actually have some control over how the jail will be reformed,” plaintiff attorney Terry Gilbert of civil rights firm FG+G said.

The lawsuit was filed in December 2018 after the U.S. Marshals issued a scathing report on the jail's conditions, including six inmates dying over four months.

Among the constitutional violations that the plaintiffs complained of were excessive use of force, denial of medical and mental health care and poor food service.

Legal counsel for the plaintiffs said that Cuyahoga County has agreed to rewrite policies in many areas, including use of force, disciplinary segregation, access to medical and mental health care, intake procedures, free exercise of religion and food service.

In the settlement, the County has agreed to hire someone to oversee contractors that work with the jail, such as healthcare and food providers, to make sure they're in compliance. Also, a jail practices expert will inspect the jail twice a month, issuing public reports on their findings.

Press Secretary for Cuyahoga County Jennifer Ciaccia said after the lawsuit was filed that "the process agreed upon by the parties consisted of the hiring of an agreed-upon 'joint expert,' an experienced jail administrator, who was asked to examine the jail’s operations in light of best practices in the industry." 

"The joint expert personally inspected the jail, reviewed its policies, and interviewed staff and inmates about jail conditions." Ciaccia said. "The joint expert then drafted a report which analyzed the jail’s condition and operation and made recommendations for improving the County Jail’s operations."

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“The biggest problem is the culture of the jail," said Sarah Gelsomino, lead counsel for the plaintiffs. "It's so important to remember that these are humans being housed, and so far, or up to now, I think the culture of the jail has not been to recognize that. So hopefully now with these new policies, the new training and the commitment from the county, we can see more of that.

Tonya Clay, the lead plaintiff in the case, sat with Gelsomino during the Wednesday press conference.

She said she was an inmate in the jail in 2018 and that she was given her bipolar disorder medication by jail staff months late. She said they also failed to treat two asthma attacks she had with proper urgency.

"People shouldn't have to live like that even though they in jail," Clay said as she broke into tears. "There are people dying in there. It's a lot. Nobody should lose their family member because they're not getting their medication."

Clay said that she could have died.

"That's why I did the lawsuit," she continued. "I didn't want money. I just want changes to be made"

Ciaccia explained that there was no payment of damages to the plaintiffs. Plaintiffs’ counsel, who prosecuted this case for some five years, are to be paid $175,000 in attorney fees.

The spokeswoman also noted ongoing improvements to the jail.

"Since the filing of this lawsuit, the County Jail has engaged in ongoing efforts to improve the conditions in the jail," Ciaccia said. "The settlement of this case is one more step in the County’s efforts to ensure that the jail meets all appropriate standards of operation.

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