COUNTYWIDE : Jail Inmates Allege Feeding Violations

Civil rights advocates on Monday asked that Sheriff Brad Gates be held in contempt of court for denying inmates food and cutting short meal times for some prisoners despite a longstanding federal court order to improve conditions in Orange County Jail.

A contempt motion and detailed complaints from prisoners were filed in U.S. District Court in Santa Ana by a coalition of civil rights lawyers and agencies, including the American Civil Liberties Union and the Legal Aid Society of Orange County.

The motion contains sworn statements from two inmates who claim they were denied food and a third who says that jail deputies on at least 20 occasions did not give him the required 15 minutes to eat his meals.

“That is as basic a right as you can get. Prisoners are entitled to food and shelter,” said Dick Herman, a civil rights attorney involved in the case. “The jail is understaffed and overcrowded. The Sheriff’s Department is simply unable . . . to deal with the numbers of inmates and problems that arise.”

Herman said an informal meeting to discuss the situation will be held next week before District Judge Gary Taylor, who oversees implementation of a 1978 federal court order to improve conditions and alleviate overcrowding in Orange County Jail.

Should that informal meeting fail to resolve the problems, however, the contempt motion seeks a formal hearing to determine whether Gates violated the 15-year-old ruling stemming from a lawsuit brought by inmate Jerry Stewart. Should the sheriff be found in contempt, it could result in fines or formal monitoring of the jail.

Deputy County Counsel James L. Turner, who represents the Sheriff’s Department, said Monday that the complaints contained in the motion will be turned over to authorities for investigation. He expects that no violations will be found.

“It is not the policy of the jail to deny anyone meals,” Turner said. “The jail complies with the Stewart order.”

According to the complaints, inmates Michael A. Conklin and Tony Staska did not receive meals on at least one occasion. When Staska complained about not being fed, he said, he was jabbed twice in the ribs with a billy club and a deputy slammed down his meal tray, saying, “Cell No. 4 is not hungry and not eating.”

Inmate Steve Ortiz said he clocked his meals for a 10-day period in August and noted that the periods ranged from nine minutes to 13 minutes, instead of the required 15 minutes.

Herman said the extent of the alleged problem is probably much greater than reported. He contended that if Ortiz was denied the required time to eat, so were other prisoners who ate with him.

Complaints about jail meals began in June and have continued for the past several months. So far, Herman has obtained statements from eight inmates, and some of their complaints were discussed earlier with Judge Taylor. Turner said none of those complaints were found to have merit after being thoroughly investigated.