Legal Question in Constitutional Law in Kentucky

Contracted County Prisoner in a Maximum security State Pen

My husband is currently being housed as a contracted prisoner from Crittenden Co. at KY State Pen. in Eddyville. His charges are DUI 4th and driving on a DUI suspended license 3rd. These are non violent class D felonies. He was released into general population after 3 weeks in segrigation. He looks directly at Death Row when he looks out of his cell. I don't believe he should be in such a dangerous place for these charges and am afraid he may end up getting hurt. If he does, what are the counties and states liability and responsibilities for his safety?


Asked on 5/24/00, 10:20 pm

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Contracted County Prisoner in a Maximum security State Pen

As a general rule convicted felons are housed together [except for the most violent or those on death row or for other reasons in segregation]. No distinction is made between those convicted for violent felonies and those who were not. This is one of the glaring failures of the prison system.

The obligation of the institution is to take reasonable steps to ensure the safety and well-being of the inmates, although obviously our society isn't particularly concerned with those items. Also, dealing with the government is far different from dealing with a private individual or organization as governmental immunity always gets in the way somehow.

Usually the best way to proceed is through the federal system and a civil rights action should something go terribly wrong.

I appreciate your concern, but I know of no way to cause the institution to house your husband separately unless he fears for his safety, and then he would undoubtedly be put into segregation. You should be sure of his wishes before you take any steps, as most prefer the general population, no matter how edgy, over segregation.

Fortunately most in your husband's position make it through without undue physical trauma.

I wish you the best.

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Answered on 7/05/00, 11:11 am


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