Santa Fe New Mexican

Judge calls for civil rights probe into jail’s treatment of Jan. 6 detainees

- By Spencer S. Hsu

WASHINGTON — A federal judge found the warden of the District of Columbia jail and director of the District Department of Correction­s in contempt of court Wednesday and called on the Justice Department to investigat­e whether the jail is violating the civil rights of dozens of detained Jan. 6 defendants.

U.S. District Judge Royce Lamberth of Washington acted after finding that jail officials failed to turn over informatio­n needed to approve surgery recommende­d four months ago for a Jan. 6 Capitol riot defendant’s broken wrist.

The defendant, Christophe­r Worrell, is an accused Florida Proud Boys member charged with four felonies, including rioting and spraying pepper gel at police at a critical point leading to the initial Capitol breach.

The failure of District officials to turn over medical records is “more than just inept and bureaucrat­ic jostling of papers,” Lamberth said in a hearing, raising the possibilit­y of deliberate mistreatme­nt.

“I find that the civil rights of the defendant have been abused. I don’t know if it’s because he’s a Jan. 6th defendant or not, but I find this matter should be referred to the attorney general of the United States for a civil rights investigat­ion into whether the D.C. Department of Correction­s is violating the civil rights of January 6th defendants ... in this and maybe other cases.”

Lamberth stopped short of imposing further civil sanctions on jail officials, who belatedly produced the records Tuesday, or ordering the release of inmates. But he suggested that the U.S. Marshals Service may have to move inmates from the District jail to other detention facilities if they are being treated improperly.

A Justice Department spokeswoma­n confirmed receipt of the referral Wednesday and declined to comment further.

The case spotlights spiraling frustratio­n among U.S. judges over conditions at the long-troubled District jail, specifical­ly the effect of pandemic restrictio­ns and crippling staff shortages at the facility, which houses 1,500 federal and local detainees.

Conditions at the 45-year-old facility have long been criticized by inmates, lawyers and judges. But the complaints reached new heights this spring after prisoner advocates criticized the prolonged confinemen­t of detainees to stamp out the coronaviru­s pandemic. For about 400 days, jail officials imposed a 23-houra-day lockdown to enforce social distancing before restrictio­ns were eased during the summer.

Now defense lawyers argue that complaints like Worrell’s related to medical care behind bars are the tip of the iceberg. Several have claimed in court that a lack of computers, a video conference room and jail guards, in addition to continued pandemic measures, threaten some inmates’ constituti­onal rights to counsel and to view government evidence against them and contribute to their defense.

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