Section 6 Use of Force
Form G-324A provides fields for reporting monthly use of force data. There are seven items under the Use of Force/Restraints/Strip Searches section of form G-324A:
- Immediate use of force incidents
- Calculated use of force incidents
- Uses of force with chemical agents
- Incidents were non-legal weapons were used
- Number of times 4/5 point restraints were used
- Use of force with serious injury
- Strip searches
Out of the 200 inspections that occurred at 126 facilities between September 6, 2019 and July 1, 2021 there were 22634 use of force incidents (Table 6.1). Over the span of 21.83 months represented by the inspections in this sample, there were on average 1037 use of force incidents per month. The mean number of use of force incidents per inspection is 155 (SD=660). Based on this mean, there are four facilities with significantly higher than average number of use of force incidents reported per inspection (n> 1474.08). Among the facilities with significantly higher number of use of force incidents per inspection two are county entities while the other two are Immigration Centers of America and CoreCivic.
| Use of Force Type | Count |
|---|---|
| immediate_use_of_force_incidents | 1196 |
| calculated_use_of_force_incidents | 327 |
| uses_of_force_with_chemical_agents | 365 |
| incidents_where_non_lethal_weapons_were_used | 18 |
| number_of_times_4_5_point_restraints_were_used | 97 |
| use_of_force_with_serious_injury | 2 |
| strip_searches | 20629 |
| total_use_of_force | 22634 |
Figure 6.1: Bar plot of facilities with greater than average number of use of force incidents reported per inspection.
| Facility | Facility Operator | Total Use of Force | Total use of Force by Inspection |
|---|---|---|---|
| Immigration Centers of America - Farmville | Immigration Centers of America | 5391 | 5391 |
| Worcester County Jail | Worcester County | 3348 | 3348 |
| La Palma Correctional Center | CoreCivic | 3011 | 3011 |
| Sheriff Al Cannon Detention Center | Charleston County Sheriff’s Office | 2427 | 2427 |
| Cambria County Prison | Cambria County Prison Board | 750 | 750 |
| Essex County Correctional Facility | Essex Department of Corrections | 1310 | 655 |
| Hudson County Corrections and Rehabilitation Center | Hudson County Board of Corrections | 1147 | 574 |
| York County Prison | York County Prison Board | 1047 | 524 |
| Hall County Department of Corrections | Hall County Board of Corrections | 458 | 458 |
| Northern Oregon Correctional Facility | Northern Oregon Corrections | 431 | 431 |
| Pike County Correctional Facility | Pike County Prison Board | 560 | 280 |
| Teller County Jail | Teller County Sheriff’s Department | 438 | 219 |
| South Texas ICE Processing Center | The GEO Group, Inc. | 127 | 127 |
| Eloy Detention Center | CoreCivic | 248 | 124 |
| Bergen County Jail | Bergen County Sheriff’s Department | 147 | 74 |
| Calhoun County Correctional Center | Calhoun County Sheriff’s Department | 141 | 70 |
| Glades County Detention Center | Glades County Sheriff | 63 | 63 |
| Folkston ICE Processing Center | The GEO Group, Inc. | 61 | 61 |
| Port Isabel Service Processing Center | ICE | 117 | 58 |
| LaSalle ICE Processing Center | The GEO Group, Inc. | 56 | 56 |
| Stewart Detention Center | CoreCivic | 87 | 44 |
| Adelanto ICE Processing Center - West | The GEO Group, Inc. | 82 | 41 |
| Sherburne County Jail | Sherburne County Sheriff’s Office | 75 | 38 |
| Northwest ICE Processing Center | The GEO Group, Inc. | 69 | 34 |
| Jena LaSalle Detention Facility | The GEO Group, Inc. | 33 | 33 |
| Bristol County Jail and House of Correction | Bristol County Sheriff’s Office | 65 | 32 |
| Otay Mesa Detention Center | CoreCivic | 60 | 30 |
| Mesa Verde ICE Processing Facility | The GEO Group, Inc. | 30 | 30 |
| Montgomery Processing Center | The GEO Group, Inc. | 58 | 29 |
| Baker County Detention Center | Baker County Sheriff’s Office | 46 | 23 |
| McHenry County Adult Correctional Facility | McHenry County Sheriff | 23 | 23 |
| Irwin County Detention Center | LaSalle Corrections | 21 | 21 |
| Krome Service Processing Center | ICE | 40 | 20 |
| Aurora ICE Processing Center | The GEO Group, Inc. | 33 | 16 |
| Aurora ICE Processing Center II - Annex | The GEO Group, Inc. | 33 | 16 |
| Bluebonnet Detention Center | Management & Training Corporation (MTC) | 33 | 16 |
| El Paso Service Processing Center | ICE | 33 | 16 |
| Pine Prairie ICE Processing Center | The GEO Group, Inc. | 28 | 14 |
| Donald W. Wyatt Detention Facility | Central Falls Detention Facility Corporation | 27 | 14 |
| Wakulla County Detention Facility | Wakulla County Sheriff’s Office | 27 | 14 |
| Johnson County Corrections Center | LaSalle Corrections | 14 | 14 |
| Strafford County Department of Corrections | Strafford County Sheriff’s Office | 24 | 12 |
| Okmulgee County Jail - Moore Detention Facility | Okmulgee County Criminal Justice Authority | 12 | 12 |
| River Correctional Center | LaSalle Corrections | 33 | 11 |
| Morrow County Correctional Facility | Morrow County Sheriff | 11 | 11 |
| Pulaski County Detention Center | Pulaski County | 21 | 10 |
| Limestone County Detention Center | LaSalle Corrections | 20 | 10 |
| Prairieland Detention Center | LaSalle Corrections | 20 | 10 |
| Imperial Regional Detention Facility | Management & Training Corporation (MTC) | 19 | 10 |
| Catahoula Correctional Center | LaSalle Corrections | 10 | 10 |
| Winn Correctional Center | LaSalle Corrections | 18 | 9 |
| Caroline Detention Facility | Peumansend Creek Regional Jail Authority | 16 | 8 |
| CCA Florence Correctional Center | CoreCivic | 8 | 8 |
| Plymouth County Correctional Facility | Plymouth County Sherrif’s Department | 8 | 8 |
| Shawnee County Department of Corrections - Adult Detention Center | Shawnee County Board of Comissioners | 8 | 8 |
| Torrance County Detention Facility | CoreCivic | 8 | 8 |
| Butler County Jail | Butler County Sheriff’s Office | 7 | 7 |
| Adelanto ICE Processing Center - East | The GEO Group, Inc. | 13 | 6 |
| Jackson Parish Correctional Center | LaSalle Corrections | 13 | 6 |
| Boone County Jail | Boone County Sheriff’s Office | 12 | 6 |
| Houston Contract Detention Facility | CoreCivic | 12 | 6 |
| Eden Detention Center | CoreCivic | 6 | 6 |
| Polk County Adult Detention Center | Management & Training Corporation (MTC) | 10 | 5 |
| Bossier Parish Corrections Center | Bossier Parish Sheriffs Office | 5 | 5 |
| Krome North Service Processing Center | ICE | 5 | 5 |
| Dodge County Detention Facility | Dodge County Sheriff’s Office | 9 | 4 |
| Orange County Correctional Facility | Orange County Sheriff’s Office | 9 | 4 |
| Otero County Processing Center | Management & Training Corporation (MTC) | 9 | 4 |
| Yuba County Jail | Yuba County Sheriff’s Office | 9 | 4 |
| Henderson Detention Center | Henderson Police Department | 4 | 4 |
| Adams County Correctional Center | CoreCivic | 6 | 3 |
| David L. Moss Criminal Justice Center | Tulsa County Sheriff’s Office | 6 | 3 |
| Elizabeth Contract Detention Facility | CoreCivic | 6 | 3 |
| Joe Corley Processing Center | The GEO Group, Inc. | 6 | 3 |
| Webb County Detention Center | CoreCivic | 6 | 3 |
| Val Verde Correctional Facility | The GEO Group, Inc. | 3 | 3 |
| Freeborn County Adult Detention Center | Freeborn County Sheriff’s Office | 5 | 2 |
| Broward Transitional Center | The GEO Group, Inc. | 4 | 2 |
| Clinton County Correctional Facility | Clinton County Prison Board | 4 | 2 |
| Nye County Detention Center | Nye County Sheriff’s Office | 4 | 2 |
| Rio Grande Detention Center | The GEO Group, Inc. | 4 | 2 |
| Clay County Jail | Clay County Sheriff’s Office | 3 | 2 |
| Richwood Correctional Center | LaSalle Corrections | 3 | 2 |
| Folkston ICE Processing Center Annex | The GEO Group, Inc. | 2 | 2 |
| Howard County Detention Center | Howard County Government | 2 | 2 |
| Morgan County Adult Detention Center | Morgan County | 2 | 2 |
| Florence Service Processing Center | ICE | 2 | 1 |
| Hardin County Jail | Hardin County Sheriff’s Department | 2 | 1 |
| Seneca County Jail | Seneca County Sheriff’s Office | 2 | 1 |
| South Louisiana ICE Processing Center | The GEO Group, Inc. | 2 | 1 |
| Cass County Jail | Cass County Sheriff’s Office | 1 | 1 |
| El Valle Detention Facility | Management & Training Corporation (MTC) | 1 | 1 |
| Rolling Plains Detention Center | LaSalle Corrections | 1 | 1 |
| Allen Parish Public Safety Complex | Allen Parish Sheriff’s Office | 1 | 0 |
| Geauga County Jail | Geauga County Sheriff’s Office | 1 | 0 |
| Kay County Detention Center | Kay County Justice Facilities Authority | 1 | 0 |
| Alamance County Detention Center | Alamance County Sherrif’s Office | 0 | 0 |
| Alamance County Jail | Alamance County Sherrif’s Office | 0 | 0 |
| Brooks County Detention Center | The GEO Group, Inc. | 0 | 0 |
| Carver County Jail | Carver County Sheriff’s Office | 0 | 0 |
| Chase County Detention Center | County of Chase | 0 | 0 |
| Chippewa County Correctional Facility | Chippewa County Sheriff’s Office | 0 | 0 |
| Christian County Jail | Christian County Sheriff’s Office | 0 | 0 |
| Cibola County Correctional Center | CoreCivic | 0 | 0 |
| Coastal Bend Detention Center | The GEO Group, Inc. | 0 | 0 |
| Desert View Annex | The GEO Group, Inc. | 0 | 0 |
| Dorchester County Detention Center | Dorchester County Sheriff’s Office | 0 | 0 |
| Douglas County Department of Corrections | Douglas County Board of Corrections | 0 | 0 |
| East Hidalgo Detention Center | The GEO Group, Inc. | 0 | 0 |
| Etowah County Jail | Etowah County | 0 | 0 |
| Golden State Annex | The GEO Group, Inc. | 0 | 0 |
| Jerome Combs Detention Center | Kankakee County Sheriff’s Office | 0 | 0 |
| Laredo Processing Center | CoreCivic | 0 | 0 |
| LaSalle Correctional Center | LaSalle Corrections | 0 | 0 |
| LaSalle County Regional Detention Center | LaSalle County Sheriff’s Department | 0 | 0 |
| Monroe County Inmate Dormitory | Monroe County Sheriff and County Board of Commissioners | 0 | 0 |
| Montgomery County Jail | Montgomery County Sheriff’s Office | 0 | 0 |
| Platte County Detention Center | Platte County Sheriff’s Office | 0 | 0 |
| Robert A. Deyton Detention Facility | The GEO Group, Inc. | 0 | 0 |
| Saint Clair County Jail | Saint Clair County Sheriff’s Department | 0 | 0 |
| San Luis Regional Detention Center | LaSalle Corrections | 0 | 0 |
| T. Don Hutto Residential Center | CoreCivic | 0 | 0 |
| Washoe County Detention Center | Sheriff of Washoe County | 0 | 0 |
| West Texas Detention Facility | LaSalle Corrections | 0 | 0 |
| Western Tennessee Detention Facility | CoreCivic | 0 | 0 |
| Willacy County Regional Detention Facility | Management & Training Corporation (MTC) | 0 | 0 |
Strip searches make up 91.14% (n=20629) of the use of force incidents (Table 6.1 ). Removing strip searches and looking at the remaining 2005 use of force incidents by inspection results in an average of 10.7317073 (SD=18.6973625) incidents per facility per inspection. Based on this average five facilities have significantly greater than average non-strip search use of force incidents per inspection. Of these, two facilities are managed by CoreCivic, one by the GeoGroup, one by Immigration Centers of America, and one by the Glades County Sheriff.
| Facility | Facility Operator | Total | Total by Inspection |
|---|---|---|---|
| South Texas ICE Processing Center | The GEO Group, Inc. | 127 | 127 |
| Immigration Centers of America - Farmville | Immigration Centers of America | 100 | 100 |
| La Palma Correctional Center | CoreCivic | 70 | 70 |
| Glades County Detention Center | Glades County Sheriff | 63 | 63 |
| Eloy Detention Center | CoreCivic | 111 | 56 |
| LaSalle ICE Processing Center | The GEO Group, Inc. | 44 | 44 |
| York County Prison | York County Prison Board | 89 | 44 |
| Adelanto ICE Processing Center - West | The GEO Group, Inc. | 76 | 38 |
| Port Isabel Service Processing Center | ICE | 71 | 36 |
| Jena LaSalle Detention Facility | The GEO Group, Inc. | 33 | 33 |
| Northwest ICE Processing Center | The GEO Group, Inc. | 66 | 33 |
| Mesa Verde ICE Processing Facility | The GEO Group, Inc. | 30 | 30 |
| Montgomery Processing Center | The GEO Group, Inc. | 58 | 29 |
| Otay Mesa Detention Center | CoreCivic | 56 | 28 |
| McHenry County Adult Correctional Facility | McHenry County Sheriff | 23 | 23 |
| Baker County Detention Center | Baker County Sheriff’s Office | 45 | 22 |
| Stewart Detention Center | CoreCivic | 44 | 22 |
| Irwin County Detention Center | LaSalle Corrections | 21 | 21 |
| Krome Service Processing Center | ICE | 39 | 20 |
| Sherburne County Jail | Sherburne County Sheriff’s Office | 41 | 20 |
| Calhoun County Correctional Center | Calhoun County Sheriff’s Department | 37 | 18 |
| Aurora ICE Processing Center | The GEO Group, Inc. | 33 | 16 |
| Aurora ICE Processing Center II - Annex | The GEO Group, Inc. | 33 | 16 |
| Bergen County Jail | Bergen County Sheriff’s Department | 33 | 16 |
| Bluebonnet Detention Center | Management & Training Corporation (MTC) | 33 | 16 |
| El Paso Service Processing Center | ICE | 32 | 16 |
| Folkston ICE Processing Center | The GEO Group, Inc. | 15 | 15 |
| Essex County Correctional Facility | Essex Department of Corrections | 27 | 14 |
| Johnson County Corrections Center | LaSalle Corrections | 14 | 14 |
| Wakulla County Detention Facility | Wakulla County Sheriff’s Office | 26 | 13 |
| Okmulgee County Jail - Moore Detention Facility | Okmulgee County Criminal Justice Authority | 12 | 12 |
| Pine Prairie ICE Processing Center | The GEO Group, Inc. | 24 | 12 |
| Strafford County Department of Corrections | Strafford County Sheriff’s Office | 24 | 12 |
| Cambria County Prison | Cambria County Prison Board | 11 | 11 |
| Morrow County Correctional Facility | Morrow County Sheriff | 11 | 11 |
| River Correctional Center | LaSalle Corrections | 33 | 11 |
| Catahoula Correctional Center | LaSalle Corrections | 10 | 10 |
| Donald W. Wyatt Detention Facility | Central Falls Detention Facility Corporation | 19 | 10 |
| Imperial Regional Detention Facility | Management & Training Corporation (MTC) | 19 | 10 |
| Prairieland Detention Center | LaSalle Corrections | 20 | 10 |
| Pulaski County Detention Center | Pulaski County | 21 | 10 |
| Winn Correctional Center | LaSalle Corrections | 18 | 9 |
| Caroline Detention Facility | Peumansend Creek Regional Jail Authority | 16 | 8 |
| CCA Florence Correctional Center | CoreCivic | 8 | 8 |
| Torrance County Detention Facility | CoreCivic | 8 | 8 |
| Butler County Jail | Butler County Sheriff’s Office | 7 | 7 |
| Plymouth County Correctional Facility | Plymouth County Sherrif’s Department | 7 | 7 |
| Adelanto ICE Processing Center - East | The GEO Group, Inc. | 13 | 6 |
| Boone County Jail | Boone County Sheriff’s Office | 12 | 6 |
| Eden Detention Center | CoreCivic | 6 | 6 |
| Houston Contract Detention Facility | CoreCivic | 12 | 6 |
| Jackson Parish Correctional Center | LaSalle Corrections | 13 | 6 |
| Pike County Correctional Facility | Pike County Prison Board | 12 | 6 |
| Worcester County Jail | Worcester County | 6 | 6 |
| Bossier Parish Corrections Center | Bossier Parish Sheriffs Office | 5 | 5 |
| Krome North Service Processing Center | ICE | 5 | 5 |
| Polk County Adult Detention Center | Management & Training Corporation (MTC) | 10 | 5 |
| Bristol County Jail and House of Correction | Bristol County Sheriff’s Office | 7 | 4 |
| Dodge County Detention Facility | Dodge County Sheriff’s Office | 9 | 4 |
| Henderson Detention Center | Henderson Police Department | 4 | 4 |
| Hudson County Corrections and Rehabilitation Center | Hudson County Board of Corrections | 9 | 4 |
| Limestone County Detention Center | LaSalle Corrections | 8 | 4 |
| Orange County Correctional Facility | Orange County Sheriff’s Office | 9 | 4 |
| Otero County Processing Center | Management & Training Corporation (MTC) | 9 | 4 |
| Yuba County Jail | Yuba County Sheriff’s Office | 9 | 4 |
| Adams County Correctional Center | CoreCivic | 6 | 3 |
| Elizabeth Contract Detention Facility | CoreCivic | 6 | 3 |
| Joe Corley Processing Center | The GEO Group, Inc. | 6 | 3 |
| Shawnee County Department of Corrections - Adult Detention Center | Shawnee County Board of Comissioners | 3 | 3 |
| Teller County Jail | Teller County Sheriff’s Department | 6 | 3 |
| Val Verde Correctional Facility | The GEO Group, Inc. | 3 | 3 |
| Webb County Detention Center | CoreCivic | 6 | 3 |
| Broward Transitional Center | The GEO Group, Inc. | 4 | 2 |
| Clay County Jail | Clay County Sheriff’s Office | 3 | 2 |
| Clinton County Correctional Facility | Clinton County Prison Board | 4 | 2 |
| David L. Moss Criminal Justice Center | Tulsa County Sheriff’s Office | 5 | 2 |
| Folkston ICE Processing Center Annex | The GEO Group, Inc. | 2 | 2 |
| Freeborn County Adult Detention Center | Freeborn County Sheriff’s Office | 5 | 2 |
| Hall County Department of Corrections | Hall County Board of Corrections | 2 | 2 |
| Howard County Detention Center | Howard County Government | 2 | 2 |
| Morgan County Adult Detention Center | Morgan County | 2 | 2 |
| Nye County Detention Center | Nye County Sheriff’s Office | 4 | 2 |
| Richwood Correctional Center | LaSalle Corrections | 3 | 2 |
| Rio Grande Detention Center | The GEO Group, Inc. | 4 | 2 |
| Cass County Jail | Cass County Sheriff’s Office | 1 | 1 |
| El Valle Detention Facility | Management & Training Corporation (MTC) | 1 | 1 |
| Florence Service Processing Center | ICE | 2 | 1 |
| Hardin County Jail | Hardin County Sheriff’s Department | 2 | 1 |
| Rolling Plains Detention Center | LaSalle Corrections | 1 | 1 |
| Seneca County Jail | Seneca County Sheriff’s Office | 2 | 1 |
| South Louisiana ICE Processing Center | The GEO Group, Inc. | 2 | 1 |
| Alamance County Detention Center | Alamance County Sherrif’s Office | 0 | 0 |
| Allen Parish Public Safety Complex | Allen Parish Sheriff’s Office | 1 | 0 |
| Brooks County Detention Center | The GEO Group, Inc. | 0 | 0 |
| Carver County Jail | Carver County Sheriff’s Office | 0 | 0 |
| Chippewa County Correctional Facility | Chippewa County Sheriff’s Office | 0 | 0 |
| Christian County Jail | Christian County Sheriff’s Office | 0 | 0 |
| Cibola County Correctional Center | CoreCivic | 0 | 0 |
| Coastal Bend Detention Center | The GEO Group, Inc. | 0 | 0 |
| Desert View Annex | The GEO Group, Inc. | 0 | 0 |
| Dorchester County Detention Center | Dorchester County Sheriff’s Office | 0 | 0 |
| Douglas County Department of Corrections | Douglas County Board of Corrections | 0 | 0 |
| East Hidalgo Detention Center | The GEO Group, Inc. | 0 | 0 |
| Geauga County Jail | Geauga County Sheriff’s Office | 0 | 0 |
| Golden State Annex | The GEO Group, Inc. | 0 | 0 |
| Jerome Combs Detention Center | Kankakee County Sheriff’s Office | 0 | 0 |
| Kay County Detention Center | Kay County Justice Facilities Authority | 1 | 0 |
| Laredo Processing Center | CoreCivic | 0 | 0 |
| LaSalle Correctional Center | LaSalle Corrections | 0 | 0 |
| LaSalle County Regional Detention Center | LaSalle County Sheriff’s Department | 0 | 0 |
| Monroe County Inmate Dormitory | Monroe County Sheriff and County Board of Commissioners | 0 | 0 |
| Montgomery County Jail | Montgomery County Sheriff’s Office | 0 | 0 |
| Northern Oregon Correctional Facility | Northern Oregon Corrections | 0 | 0 |
| Platte County Detention Center | Platte County Sheriff’s Office | 0 | 0 |
| Robert A. Deyton Detention Facility | The GEO Group, Inc. | 0 | 0 |
| Saint Clair County Jail | Saint Clair County Sheriff’s Department | 0 | 0 |
| San Luis Regional Detention Center | LaSalle Corrections | 0 | 0 |
| Sheriff Al Cannon Detention Center | Charleston County Sheriff’s Office | 0 | 0 |
| T. Don Hutto Residential Center | CoreCivic | 0 | 0 |
| Washoe County Detention Center | Sheriff of Washoe County | 0 | 0 |
| West Texas Detention Facility | LaSalle Corrections | 0 | 0 |
| Western Tennessee Detention Facility | CoreCivic | 0 | 0 |
| Willacy County Regional Detention Facility | Management & Training Corporation (MTC) | 0 | 0 |
6.1 Discussion
According to PBNDS, “[u]se of force in detention facilities is never used as punishment” pg 201
PBNDS states that “[c]anines shall not be used for force, control, or intimidation of detainees.” 201.
6.2 Under Reporting Use of Force Incidents
There are few opportunities for independent evaluation of use of force incidents in ICE detention facilities. However, in at least some circumstances evidence indicates that use of force incidents are inaccurately documented and under reported. For example, in some instances strip searches are tallied in total use of force summaries and in other cases they are not.
The Bristol County Jail is one noteworthy instance where use of force incidents received independent evaluation. On May 2, 2020 Massachusetts news outlets reported on a major incident that occurred at the Bristol County House of Correction the previous day when detained persons expressed concern about the potential for COVID-19 infection from the facility’s medical wing (Dooling 2020). The Bristol County Sheriff claimed that people refused to go to the medical unit for testing, and those detained reported being attacked with pepper spray and dogs. Nakamoto Group Inspectors visited the facility between November 16-18, 2020 and reviewed it under PBNDS 2008 (ICE and The Nakamoto Group 2020). The inspectors received a G-324 SIS which reported use of force incidents (Figure 6.2). For May, the sheet lists 1 Immediate Use of Force Incident, 1 Use of Force with Chemical Agents, 1 Incident where Non-Lethal Weapons were Used, and 3 Strip Searches. The sheet lists no Use of Force with Serious Injury. Nakamoto Group inspectors found that the facility met all 39 standards and had only three deficient components: Key and Lock Control, Special Management Unit, and Suicide Prevention and Intervention. The Nakamoto inspection letter made no mention of use of force incidents.
![Cropped from Bristol County Jail SIS Form G-324 [@ice2020, 4].](images/bristol_sis_crop.png)
Figure 6.2: Cropped from Bristol County Jail SIS Form G-324 (ICE and The Nakamoto Group 2020, 4).
The Massachusetts Attorney General’s Office (MA AG) independently investigated the major incident that occurred on May 1, 2020 (MA AG 2020). The MA AG’s factual findings (MA AG 2020, 24–41) identifies:
- 2 instances involving immediate use of force;
- 1 immediate use of force incident with a chemical agent;
- 1 calculated use of force incident that involved 16 officers armed with pepper spray, flash bang grenades, riot shields, shotguns with bean bag rounds, pepper ball launchers, battering rams, multiple K9 teams; and another 12 person restraint team.
The Calculated Use of Force Incident unfolded over the course of more than an hour and involved the deployment of flash bang grenades; firing more than 30 rounds of pepper balls, several of which directly hit individuals; numerous instances involving K-9 use of force, and multiple “hands on” use of force instances. Additionally, the MA AG found multiple cases where individuals suffered serious injuries as the result of the use of force:
- 1 individual experienced cardiac arrest
- 1 individual with a history of chronic obstructive pulmonary disease (COPD) suffered respiratory distress
- 1 individual experienced respiratory distress resulting in critically low oxygen levels
The MA AG concluded that “a series of institutional failures and poor decisions” culminated in a “planned and deliberate–use of force against the ICE B detainees that was disproportionate to the security needs at that time and unnecessarily caused, or risked causing, harm to all involved”(MA AG 2020, ii). The MA AG found that facility staff used “a flash bang grenade, pepper-ball launchers, pepper spray canisters, anti-riot shields, and canines—against detainees who had exhibited calm and nonviolent behavior for at least an hour before this operation”(MA AG 2020, ii). MA AG found that staff “deployed these weapons both indiscriminately upon entry and also specifically against detainees who were not combative, assaultive, or otherwise actively resisting staff” (MA AOG 2020, ii).
The details of the May 1, 2020 Use of Force incident do not come to light in either SIS form or the Nakamoto Group inspection cover letter. The SIS form inaccurately characterizes the multiple Use of Force incidents entailed in the event, fails to report what is clearly a Calculated Use of Force, and does not report multiple Use of Force Incidents with Serious Injury that resulted from from the extensive use of pepper spray. Inspectors made no mention of the use of muzzled and unmuzzled canine units that were deployed for control and intimidation. The Nakamoto cover letter states that, “the detainees felt safe in the facility and registered no substantive complaints about any aspect of their detention except for their exposure to the COVID-19 risk in the facility.” Inspectors wrote that “[t]here were no areas of concern or significant observations noted during the inspection” but noted that the “inspection was conducted remotely, and inspectors were unable to personally observe practices and procedures with-in the facility” and that the “inspection team relied upon photographs and/or videos to validate the observation of many standards.”
While the aforementioned Bristol County Jail may be a particularly egregious instance of staff assaulting detained persons, it is not an isolated case. For example, video evidence from the Torrance County Detention Facility in Estancia NM shows CoreCivic’s private facility staff pepper spraying persons detained by ICE on hunger strike (Swetlitz 2020). Review of inspections has also revealed additional inappropriate use of force incidents. The omission of a field to record instances of staff assaulting detained persons occludes and obscures real instances of violence. As the inspections process is a detention reform designed to make a more humane system of civil incarceration, the omission of categories for logging staff physical mistreatment of detained persons raises serious questions about the inspections processes ability to record significant and documented civil and human rights violations.