Fayette commissioners settle lawsuit over county prison conditions
An attorney for the Pennsylvania Institutional Law Project said Thursday that when she started investigating conditions in the Fayette County Prison, it “was one of the most appalling facilities I have ever visited.”
The comments from PILP managing attorney Alexandra Morgan-Kurtz came the same day Fayette County’s commissioners unanimously voted to approve a settlement agreement as part of a lawsuit brought over those conditions by the American Civil Liberties Union, which was assisted by PILP.
“The existing facility is simply too old to fix, but the changes already initiated by the county and those required by the settlement agreement will ameliorate the worst of the issues,” Morgan-Kurtz said.
Filed in 2018, the suit made a number of claims including that prison conditions forced inmates to live with inadequate heating, cooling and ventilation; pest infestations; overcrowding; and lacking access to hygiene items, clothing and legal materials.
Since the suit was filed, the county has started construction on a new prison, which will be located at the former Army Reserve Center in Uniontown.
Under the terms of the settlement, while the new facility is being built, the county will not house more than 180 inmates at the existing prison for more than 14 consecutive days without a court order or permission from the ACLU. The county will also pay $145,000 toward attorneys’ fees and costs.
Additionally, until the new prison in completed in 2023, the county must continue providing the ACLU monthly reports on housing unit counts, work orders and temperature readings for each housing unit. The county must also provide clean clothing for inmates and limit the use of temporary beds, which are also known as “boats.”
“This settlement was the result of extensive negotiations with Fayette County officials, and we are relieved to have a plan in place,” Morgan-Kurtz said, adding that the settlement is a vital step forward to ensure the health and safety of everyone incarcerated at the prison. “The settlement does a lot, but most importantly it requires Fayette County to keep the population of the jail down and reduces the use of the temporary plastic ‘boats’.”
The provisions of the settlement agreement will be in effect until the current prison is no longer used to incarcerate people overnight.
Earlier this week, Commissioner Dave Lohr said prison officials have been, and will continue, making the required reports to the ACLU.
“It’s too early to know how things will go, but we are confident that the county will continue to engage with us whenever there are problems,” Morgan-Kurtz said. “Throughout this lengthy litigation the administration at Fayette County Prison has strived to make improvements to the conditions and responded when made aware of new or continuing issues.”
Other matters during Thursday’s voting meeting included:
n Awarding a contract to SitelogiQ of Oakmont to commission the facility’s HVAC systems and equipment, as well as the building automation system. The five-year contract is $68,684, with an option for a proposed alternate fee of $24,466 for additional commissioning services.
n Accepted a $49,000 grant from the Foam Recycling Coalition to purchase a foam densifier for the county’s recycling center.
Additionally, Commissioner Scott Dunn took time to thank volunteers, committees, boards and councils that have taken time to organize events like community festivals and picnic throughout the summer. Dunn said he is amazed by the number of events planned throughout Fayette County in the coming months.