ST. LOUIS — Some of Mayor Tishaura Jones’ staunchest political supporters who have lauded her efforts to end what they say was inhumane treatment at one of the city’s jails are now suing her administration over allegations of mistreatment of detainees at the city’s only remaining jail.
The MacArthur Justice Center, ArchCity Defenders, St. Louis University School of Law legal clinics and the nonprofit Rights Behind Bars have teamed up on a class action lawsuit filed on behalf of at least four detainees. A judge had not yet granted class-action status as of Monday.
The allegations include multiple reports of detainees being maced while in handcuffs or inside small cells – some at point-blank range with the types of pepper spray canisters used to disperse crowds during riots.
The lawsuit also alleges it obtained 250 reports of detainees being maced while passively resisting; 50 reports of detainees on suicide watch also being pepper sprayed.
Those behind the lawsuit also released video surveillance images of inmates being pepper sprayed while they were restrained.
The mayor’s spokesman said the city does not comment on pending litigation.
No one representing the plaintiffs was available for an interview Monday, but some issued statements, which read:
“This trove of documents and videos further prove what has already become evident over the years: CJC correctional officers are weaponizing chemical agents and other torture tactics in retaliation, for punitive reasons, or just because they can as an exercise of power,” MacArthur Justice Center Attorney Shubra Ohri said. “And what’s more – the city’s efforts to hide and cover up the abuse sanctions it and allows it to continue festering without accountability."
“The people of St. Louis deserve to know the truth about what is happening and how little is being done to stop it.”
The lawsuit also accuses city leaders of deleting nearly 80% of the video the plaintiffs had requested as part of their discovery.
“Officers use mace reflexively, often without warning, in response to any disruption or perceived inconvenience, such as detainees asking for two more minutes on the phone with their loved one or complaining about not receiving their food during mealtime,” according to a press release from St. Louis University School of Law. “In a declaration, one detainee said officers have a rule: ‘Spray first, ask questions later.’”
When the locks didn’t work
In 2021, detainees rioted several times, setting fires, throwing furniture out of windows and attacking guards.
Locks on cells hadn’t worked for years, so detainees were easily able to walk out of their cells whenever they wanted to by using nothing more than a piece of paper to compromise the locks.
Then-Mayor Lyda Krewson formed a civilian oversight board to investigate the reasons for the uprising. That group issued a report, which found many detainees were frustrated about COVID-19 restrictions as well as delays for court dates due to a slowdown by former St. Louis Circuit Attorney Kim Gardner’s administration.
The Rev. Darryl Gray led that commission.
He’s now the chairman of Jones’ Detention Facility Oversight Board, which serves as an advisory body to Jones, the Commissioner of Corrections and the Director of Public Safety.
Gray was unavailable for an interview Monday, but sent a statement reacting to news of the lawsuit referencing criticism that Corrections Commissioner Jennifer Clemons-Abdullah has been stonewalling the jail committee’s work to investigate allegations of wrongdoing.
“The oversight board has been very clear on its position with the CJC and it’s need to be able to have access to complaints coming from that facility in order to investigate,” Gray said. “Although we cannot comment on pending legal action, it is important to note that we believe that they obstruction by the current commissioner is impeding the work of the board and could set up a situation that contributed to the previous riots.”
Jones’ former Public Safety Director Dan Isom appointed Abdullah-Clemons as the city’s Corrections Commissioner following those riots. She oversaw millions of dollars in renovations to the facility – including an overhaul of the faulty locks.
In a letter dated June 5, Detention Facilities Oversight Board Chair Janis Mensah called for her resignation.
In a June 22 letter obtained by 5 On Your Side, Abdullah-Clemmons snapped back at the committee’s allegations that she was purposefully standing in their way.
She called Mensah’s reasons for demanding her resignation were “disingenuous and demonstrate a profound misunderstanding of the requirements,” of the ordinance that established the civilian commission.
She accused the commission of failing to develop an orientation plan for staff and committee members as well as “consult” with various city officials to develop rules, procedures and protocols for their various activities – and without those two policies in place, it cannot begin conducting investigations per the ordinance, according to the letter.
“These preliminary requirements are designed to assure that the rights of inmates and city employees are protected when oversight investigations or inquiries are conducted,” she wrote. “Because this has not occurred, my policy has been to provide those entities with publicly available information.
“Until proper rules, procedures and protocols are in place to protect confidential information, it is my position that the information should not be released."
“I welcome civilian oversight provided the rights of inmates and city employees are not trampled in the process. The essential purpose of civilian oversight will not be realized if the DFOP and Division of Civilian Oversight are permitted to engage in roving unstructured ‘investigations’ without regard for the rights of inmates or city employees,” she added.
Closing the Workhouse
Members of the groups filing this lawsuit have also lauded Jones for her decision to close the city’s other jail facility known as the Workhouse along Hall Street.
Jones promised to close it during her campaign and did so within her few months in office.
Jones, Gardner and Congresswoman Cori Bush stood together for a joint press conference after touring the facility in 2021, declaring conditions at the facility were inhumane. At that point, the city had spent more than $7 million to upgrade HVAC systems and other parts of the building.
About 200 inmates then had to be moved into the CJC – which was still in the process of fixing the locks on cells.
The federal government stopped housing about 200 of its inmates at the City Justice Center following the consolidation and riots – which meant the end of about $8 million in annual revenue for the city’s corrections budget. Those inmates are now spread across other jails in the state.
This lawsuit being filed by groups who have previously endorsed the mayor’s handling of corrections issues could have political implications, said 5 On Your Side political analyst Anita Manion.
“These are certainly big supporters and vocal supporters, and some of the video that's come out is certainly damaging,” Manion said. “These are groups that were maybe helping to mobilize voters and get contributions and vocally supporting the mayor."
“And so in the current situation, it doesn't look like she would have that level of support for them moving forward in a new election. And so I think it's going to be up to her how they respond to this lawsuit and how they respond to the problems that are actually happening to see if she can get them back on board.”
Manion noted those in the jail are there for pretrial detention – meaning they have not yet been convicted of a crime.
“There was a lot of concern because there were six deaths in six months in this facility,” she said. “So these are not things that are going to fade away. These advocates are making it clear with their lawsuit that they're taking this seriously.”
Manion said Jones’ formation of the committee Gray leads was “a win” for the advocates.
“There have been constant concerns and complaints from that board that they have not had access to the records they need, that they repeatedly request tours and are denied,” she said. “And so it seems that after shutting down the Workhouse and establishing the board, that the concerns and that follow up that needed to happen has not occurred.”