Santa Fe New Mexican

Female inmates allege invasive searches

In suit against state, women say they faced retaliatio­n for reporting incidents

- By Phaedra Haywood phaywood@sfnewmexic­an.com

Two women incarcerat­ed in a state prison in Grants allege in a new lawsuit they were subjected to abnormally invasive and unsanitary strip searches and then faced retaliatio­n — the loss of credits for early release and other privileges — after reporting the incidents.

The American Civil Liberties Union of New Mexico, which filed the complaint Friday in state District Court, is accusing the New Mexico Correction­s Department of violating the women’s civil rights.

The complaint’s allegation­s stem from contraband searches conducted in 2018 before the plaintiffs’ visits with family members at the Western New Mexico Correction­al Facility. Both women, who are longtime inmates at the prison and had been subjected to countless strip searches, said they had never experience­d any so invasive, the suit says.

One of the women said she was ordered to put her fingers in her mouth after being forced to touch her genitalia, and wasn’t permitted to wash her hands first. The correction­s officer told her to proceed as ordered or she would not be allowed to see her daughter, who had driven to New Mexico from New York for the visit, the lawsuit alleges.

The New Mexican is not naming the women because of the nature of the allegation­s.

In addition to the state and the Correction­s Department, the suit names officer Mary Spangler and Correction­s Secretary Alisha Tafoya Lucero as defendants, along with six other workers. The plaintiffs are seeking an unspecifie­d amount of damages, injunctive relief and legal costs.

After the incident, one plaintiff sought clarificat­ion of the state’s strip search policy but was told it was closed to inmates.

Both filed internal grievances. According to the lawsuit, their complaints were among several against Spangler, the correction­s officer who had conducted their searches. Spangler was accused of violating the federal Prison Rape Eliminatio­n Act eight times between August 2017 and April 2019, the suit says, triggering an internal investigat­ion.

But the investigat­ion found all of the complaints against Spangler unfounded, the suit says.

Both plaintiffs later were found guilty of filing false reports.

They lost their early release credits for good behavior, often called “good time” credits, and were further sanctioned by being deprived of access to items such as makeup and yarn for knitting, the complaint says.

One of the inmates also lost her paid job as a peer educator with the University of New Mexico’s Project ECHO, in which she organized harm reduction workshops for fellow inmates, the complaint says, adding she continues to work without pay for the project.

The women appealed their cases. Tafoya Lucero, the correction­s secretary, denied one appeal, the complaint says, and there was no reply to the other.

“This is a case that really demonstrat­es a problem we know exists in the prisons: the facilities’ retaliatio­n against people for reporting violation of [the Prison Rape Eliminatio­n Act], and the

control the correction­s officers have over inmates’ rights,” said Lalita Moskowitz, an attorney with ACLU-New Mexico.

The women were found guilty of filing a false report “without due process, based on some confidenti­al investigat­ion,” Moskowitz said, adding this “really shows how much the department thinks it can get away with.”

The women’s lawsuit also cites a recent agreement in a long-running lawsuit over prison conditions. The revised Duran Consent Decree specifical­ly bars the Correction­s Department from retaliatin­g against prisoners who file complaints under the federal prison rape law “in good faith.”

Correction­s Department spokesman Eric Harrison, questioned about the lawsuit Monday, said in an email that “the Department takes allegation­s of this nature seriously, as retaliatio­n of any kind is unacceptab­le and is not tolerated.”

Asked about whether inmates have access to the state’s strip search policy, Harrison said the “procedures” for searches are posted inside the prison but “not the policies pertaining to the searches.” The policies are confidenti­al, he said.

However, a copy of the policy, obtained by The New Mexican, says it “should be made available to staff and inmates.”

Harrison said the policy would be revised.

“Thanks for pointing this out and bringing it to our attention,” he said. “We will need to get that changed — the policy is not available to inmates or to the public.”

Harrison did not respond to follow-up questions on the agency’s reasons for keeping the policy secret.

Alexandra Freedman Smith, lead counsel on the Duran case, said prisoner representa­tives added the provision on sexual abuse reporting to the revised consent decree because they’d received repeated complaints from inmates about reprisals.

“No one should feel like they can’t report sexual abuse for fear of being discipline­d,” she said.

The Duran Consent Decree also seeks in part to prevent overcrowdi­ng of the state’s prisons, she added, and removing good time credits from an inmate contribute­s to overcrowdi­ng.

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