ACLU sues on behalf of inmates

By Leslie Wood
Staff Writer

GALLUP — The American Civil Liberties Union has filed a federal lawsuit against former McKinley County Adult Detention Center supervisor Brian Orr that alleges cruel and unusual punishment against two female inmates from Wyoming.

The ACLU also accuses the jail's former warden Gilbert Lewis, McKinley County Board of Commissioners and the facility's former managing agent, Management and Training Corporation, of failure to train and supervise Orr. Sheila Black and Christine Herden had been jailed at the McKinley County jail in Gallup in 2003 because there was no room for them at the Wyoming Women's Center in Lusk.

The ACLU claims the women were sexually assaulted and photographed in the nude by Orr during his tenure as a supervisor at the facility. He is also facing criminal charges locally in connection with the matter.

"We realize that prisons are not pleasant places," Linda Burt, executive director of the Wyoming ACLU, said in a prepared statement. "However, all prisoners are entitled to basic rights, and protection against predatory guards is certainly one of those rights."

Peter Simonson, executive director for the ACLU of New Mexico, said the assaults could have been prevented.

"If proper safeguards had been in place, these assaults may never have occurred," Simonson said. Melinda Brazzale, spokeswoman for the Wyoming Department of Corrections, declined to comment on the lawsuit, citing department policy regarding pending litigation.

Brazzale did say that Wyoming no longer has a contract with New Mexico.

"We have made the effort to consolidate all of our out-of-state inmates into one state, and at this point that is Texas," she said.

She said Wyoming currently has 105 female prisoners in Lusk and 76 in Texas.

Black, 28, was sentenced in 2003 to two to five years in prison for unlawful possession of a narcotic drug. She was paroled Sept. 2.

Herden, 23, was sentenced in last February to two to five years for forgery. She has been in prison in Haskell, Texas.

McKinley County prosecutors filed two counts of criminal sexual penetration of an inmate and a single charge of criminal sexual contact against Orr on July 28, 2005. The charges stem from the incidents with Black and Herden.

Orr failed to appear for his arraignment in magistrate court in August and reportedly moved from the area before the allegations surfaced publicly. After the "no show" in court, a bench warrant was subsequently issued for his arrest, according to court records.

Orr's whereabouts have yet to be determined; however, acquaintances once said he was living in the Las Vegas area. The case has reportedly been referred to special operations for further action. Chief Deputy District Attorney Michael Calligan, who is prosecuting the case, could not be immediately reached for comment.

Although current jail warden Donna Goodrich did say the lawsuit has been filed against the jail's former management and not its current operators, she also said she has been advised by Jail Authority Board Chairman Billy Moore to refer all comment about the situation to County Attorney Doug Decker.

Decker could not be reached for comment, as of press time.

Management and Training Corporation, a private management company, relinquished control of the detention center to city and county entities more than a year ago. The private company had also faced scrutiny for the escape of three inmates, including Robert Kiro, a man who allegedly killed a Gallup police officer.

Goodrich has said Orr resigned from his position as a supervisor at the jail. He was not fired, she said.

The Associated Press contributed to this report.

Jail fight
GALLUP — Police began their investigation on Tuesday into a fight that resulted in broken bones for a McKinley County Adult Detention Center inmate.

Investigator Erin Toadlena-Pablo, a spokeswoman for the Gallup Police Department, said 53-year-old Danny Teller, of Many Farms, Ariz., reported to jail officials that he had been attacked by three other inmates at the facility on Jan. 10.

Teller could not remember many details of the attack, including the names of his attackers; however, he did provide investigators with the men's descriptions. Teller said the men threw him on the floor in one of the jail's cells and jumped on his chest.

Police do not know the motive for the assault.

Teller was treated at the facility for bruising, a possible broken arm and broken ribs.