A doctor who inspected Wayne County's three jails as part of a lawsuit over conditions related to the COVID-19 crisis said the aging Division II facility is in a state of "severe" disrepair. He recommended that the county stop housing inmates there as soon as possible.
But the report detailing conditions in the jail won't be considered as evidence in the lawsuit. It was removed from the court record at the county's request several weeks after the inspection in mid-May.
The doctor wrote that the jail on Clinton Street in downtown Detroit cannot be adequately cleaned because of its disrepair, which he said puts inmates at increased risk of airborne infection and can exacerbate respiratory and chronic conditions.
The May 16 inspection was performed as part of litigation in Wayne County Circuit Court over conditions in the three jails. The attorneys and civil rights groups suing on behalf of inmates say the doctor's observations and recommendations support their claims that the jail remains "unconscionably dangerous" during the pandemic, according to a court filing.
They want the county to immediately discontinue the use of the Division II jail, which held 389 people as of Wednesday, and further reduce the population so that social distancing is possible at the two other jails.
The county argued in early June that the doctor lacked specialized knowledge about COVID-19 and infectious disease. Chief Judge Timothy Kenny agreed, striking the inspection report in mid-June. The county moved to strike the report two days after the Free Press sought to unseal it. Kenny, on June 16, unsealed the report and struck it from the case's record.
More: Report offers recommendations for reducing Wayne County Jail population
What the report found
Dr. Fred Rottnek, a professor and the director of Community Medicine at Saint Louis University, inspected the county's three jails, two in downtown Detroit and one in Hamtramck.
The plaintiffs in the suit point to Rottnek's experience in correctional health care and note that he was qualified as a medical expert in federal litigation related to COVID-19 in a jail in Louisiana.
In the Wayne County jails, he was allowed to interview incarcerated people about their medical care, access to PPE, availability of cleaning supplies, testing and reporting procedures for COVID-19. Rottnek toured the housing units, bathrooms, medical clinics, kitchens and laundry facilities. He interviewed medical staff at two of the jails.
While his report outlined issues related to the virus across the three jails, Rottnek said the Division II facility, built in 1929 and also known as the Old Wayne County Jail, is unsafe for reasons beyond the coronavirus crisis.
His report detailed issues such as apparent black mold or mildew in the showers, extensive rusting on cell bars, and vents partially blocked by dirt and dust.
"The physical conditions are filthy and cannot be adequately cleaned due to pervasive disrepair, irregular surfaces, rust, paint peeling and chipping, mildew, and mold," he wrote.
Rottnek said the reported medical care at the facility was "almost wholly inadequate" and at a level below that of the other two facilities. He wrote that it appeared that inmates' basic medical needs were not being met. Several inmates told him their requests to see a doctor for issues such as a dental abscess and severe neck pain were not granted.
Social distancing is impossible for inmates when they are out of their cells at Division II, he said. It's also impossible for staff walking in the hallways to remain 6 feet apart, he said in the report.
"Stop housing inmates in Division II as soon as possible. And then stop requiring staff to work there," Rottnek wrote.
Decrepit conditions at Wayne County's jails are nothing new. In 2015, Kenny ordered the county to develop a plan for preventive maintenance to fix a number of problems at the jails, including a crumbling kitchen floor, drain fly larvae and organic matter in showers, and malfunctioning equipment, according to a previous Free Press report. Kenny oversees a consent decree mandating certain conditions and staffing at the jail as a result of class-action litigation that began in 1971.
More: Deplorable conditions on display at Wayne County jails
"The age and repair of the Wayne County jail facilities are well documented," county spokesman Bill Nowling said.
He said issues raised in the lawsuit "have been or are being dealt with," though perhaps not in the time frame that the plaintiffs would like.
"There’s a balance that the court has to take here to balance the rights and protections of the detainees in the jail with the reasonable expectation of the improvements and the changes that we are making with regard to building the new jail," Nowling said.
Construction on a new jail and courthouse complex in Midtown was originally set for completion in the third quarter 2022 but was delayed by the coronavirus shutdown.
The project comes after massive cost overruns halted construction on a previous site on Gratiot Avenue near Greektown. The county eventually abandoned the "fail jail" site, selling it to Dan Gilbert's Rock Ventures in exchange for building the new complex.
Budgeted at $533 million, the new complex is over budget by at least $40 million. Rock Ventures' deal with the county includes the company paying for cost overruns.
The Detroit Justice Center, whose attorneys are among a team representing the plaintiffs in the lawsuit, wants to see the county continue to reduce its jail population, close Division II and move the remaining people housed there to the other two jails.
In court documents, attorneys for the county said discussions to stop housing people at Division II have been ongoing since before the pandemic but that doing so would make it more difficult to space inmates during the public health crisis.
Masks, soap in jail
There were 827 people housed at Wayne County's three jails as of Wednesday, down from 1,390 in mid-March thanks, in part, to administrative releases on tethers.
The jails completed mass testing for COVID-19 in May. Ninety-three inmates have tested positive, Nowling said. All new people booked into the jails are tested, he said. Continued testing is available for those who have symptoms.
Rottnek recommended that the county continue to reduce populations in the three jails, implement routine testing of all inmates and staff, adjust medical services to meet demand and better educate inmates about the virus. He wrote that if those measures aren't adopted, the jails will "continue to be an ongoing source of infection, morbidity, and mortality to all residents of Wayne County."
During his May 16 inspection, Rottnek observed inmates wearing disposable surgical masks that were fraying and dirty. People reported receiving a new mask every two weeks, and one woman said her mask would be soiled and falling apart by the time she'd get replacement.
Nowling said new masks are now given out on a weekly basis, and inmates may request a replacement at any time. The jails handed out new masks every two weeks when there was a general shortage in supply, he said.
Rottnek observed that inmates and staff were inconsistent when it came to wearing masks. He reported seeing two corrections officers in a medical clinic sitting 2 feet apart and not wearing masks. He said people working in the kitchen of the Division III jail in Hamtramck had masks but wore them incorrectly.
In a housing unit of Division II, which Rottnek said he had to dress in full PPE to enter, some inmates who were potentially positive for COVID-19 said they were not given masks.
Inmates said they were given 1-ounce travel size bars of soap. While some had no complaints about the supply of soap, others said they were given three bars every week or every two weeks, which Rottnek said is "remarkably inadequate" for hand washing and showering, especially during a pandemic.
Staff reported that the county provides bleach and Simple Green cleaner. Rottnek noted that Simple Green does not kill COVID-19. Some inmates told him they had enough cleaning supplies while others said they were frequently told the inventory was low. Rottnek wrote that he did not ask to see the stock of cleaning supplies.
Nowling said the facilities provide soap and other personal cleaning items "as is required and prudent to do so." He said inmates have access to disinfectant spray and towels. The facilities are cleaned seven days a week, he said.
Report unsealed but struck from record
Rottnek's report can't be considered in the case that inmates and prisoner advocates have brought against Wayne County because the county asked the court to either strike Rottnek's report from the record or redact portions of it, arguing that he lacks specialized knowledge of COVID-19 and is not certified in immunology or infectious disease.
Rottnek is board-certified in family medicine and addiction medicine. He served as medical director and lead physician at the St. Louis County Jail for six years, according to court documents.
Kenny granted the county's request and removed the report from the record, concluding that Rottnek's expertise isn't relevant to the case and cannot assist in his decision of whether to issue a temporary restraining order.
The court in May allowed both parties to submit names of two experts for the inspection. Wayne County did not submit any names, which Nowling said was because of "timing and logistics." The plaintiffs suggested Rottnek as one of their candidates.
The county did not object to Rottnek as an expert until after the Free Press requested that the sealed inspection report be made public in early June.
In response to the county's move to strike the report, the Detroit Justice Center said, in a statement: "As a second wave of COVID-19 is imminent, we implore the jail to follow CDC guidelines and to heed Dr. Rottnek's warnings, instead of attempting to conceal and discredit them, while risking human lives in the process."
Angie Jackson covers the challenges of formerly incarcerated citizens as a corps member with Report for America, an initiative of The GroundTruth Project, with support from the Hudson-Webber Foundation. Click here to support her work. Contact Angie: ajackson@freepress.com; 313-222-1850. Follow her on Twitter: @AngieJackson23
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