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King County faces protest, ACLU lawsuit alleging unsafe conditions for inmates in the county jail

On Monday, protesters called on the county to take immediate action to address what they call a crisis at the jail. Those comments come on the heels of a lawsuit.

SEATTLE — On Monday morning, groups gathered on the steps of the King County Jail and called out the number of deaths that have happened at the facility last year. 

King County's Unexpected Fatality Review states that in 2022, six people in the correctional facility's custody died. It is an increase over 2021, which had two unexpected fatalities. 

According to King County, since the beginning of the pandemic, the downtown jail has experienced significant challenges, including staffing. 

In a statement, a spokesperson for the King County Executive’s office said, “King County has already taken substantial steps toward remedying staffing shortages, including offering signing bonuses for new hires, and important operational changes that have already resulted in demonstrable improvements.”

However, protesters say the county isn't doing enough.

"Countless more have been assaulted and even more traumatized,” said Attorney Sade Smith who wants the county to take more action.

"They ignore that people are locked up nearly 24 hours a day. They ignore the horrible medical response and care. They ignore the filthy and freezing conditions,” said Smith.

"My office represents most of the people who are incarcerated inside the King County Jail,” said Anita Khandelwal, the Director of King County's Department of Public Defense. "The staffing problems mean that they cannot meet with their attorneys because there are not staff to bring clients to see their attorneys."

The ACLU of Washington filed a lawsuit on Friday against King County alleging violations of a settlement agreement that governs the conditions of those incarcerated in the King County Correctional Facility (KCCF).

In a press release from the ACLU of Washington, they say the violations include staffing challenges, transportation to court, delays in mental health and medical treatment and transportation to outside medical appointments.

According to the release, suicide rates are also getting higher. The statement reads, "there is great concern about ongoing mental health assessment, treatment, and out-of-cell time for those living in isolation units."

The lawsuit stems from a longtime agreement between the ACLU of Washington and King County regarding jail conditions. In 1989, the ACLU brought a class action lawsuit against the jail on behalf of people who were incarcerated and the King County Corrections Guild. The lawsuit sought to improve medical care, safety from assaults and other improvements in jail conditions.

The lawsuit was settled in 1998 and an agreement, known as the Hammer Settlement Agreement, was established. King County agreed to remedy overcrowding, poor medical care and inadequate staffing at its jail – the first of several successful ACLU lawsuits over conditions at county jails.

According to the press release, the ACLU has received multiple complaints and concerns about the conditions in KCCF. The ACLU alleges that the county is out of compliance with the agreement.

In the release, the ACLU credited community members and journalists for raising the concerns.

A series of KING 5 Investigations revealed that approximately 870 defendants across the state were waiting for court-ordered mental health treatment at state psychiatric facilities at the beginning of 2023.

In December of 2022, there were more than 100 people deemed incompetent to stand trial waiting behind bars at the King County Jail for a bed at Western State Hospital in Lakewood. In all cases, a judge ordered them to receive mental health treatment aimed at regaining competency to participate in their defense.

King County Director of Communications Chase Gallagher released a statement in response to the lawsuit on Friday that read:

"King County remains committed to providing safe, secure, and constitutional conditions for individuals in custody in the King County Correctional Facility, and the County has worked collaboratively with the ACLU for many years to fulfill that commitment. 

Since the beginning of the COVID pandemic, the downtown jail has experienced significant operational challenges of testing, quarantining, and vaccinating, as well as staffing challenges much like those experienced by other industries and public sector institutions throughout the country. 

King County does not control who is booked into the jail or how long they remain in custody. King County has already taken substantial steps toward remedying staffing shortages, including offering signing bonuses for new hires, and important operational changes that have already resulted in demonstrable improvements. 

The ACLU’s proposed solution of restricting felony bookings is not the answer. The King County jail is the custodian of inmates who are arrested by a law enforcement agency. King County has no authority to unilaterally release or refuse to book persons arrested on felony charges. 

It is unfortunate that the ACLU has rejected continued dialogue and partnership in favor of a lawsuit, but regardless, King County will continue to work toward solutions that preserve public safety and provide appropriate conditions of confinement for persons housed in the downtown jail."

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