Former and current inmates suing the Broome County sheriff over a salmonella outbreak that spread to more than 300 inmates are speaking out, alleging dereliction of duty and systemic failures that led to mistreatment in the Broome County jail.
After filing a class action lawsuit against Broome County Sheriff Fred Akshar and Broome County, attorney Ronald Benjamin announced on June 3 that he had also contacted New York Gov. Kathy Hochul and the Broome County Legislature, calling for their intervention.
At a press conference he held in his Binghamton office on June 3, Benjamin was joined by recently released inmates who said they were among those who were ill, and the mother of a man who is still in the jail.
What happened in the jail
The stomach bug-like illness, which infected 320 of the 450 being held in the jail, was first thought to be norovirus, but test results later revealed the infection spreading within the facility was salmonella, a foodborne bacterial infection.
Ten people were sent to the hospital for treatment, and only four were admitted. The four people had “underlying risk factors” and were listed as stable on May 29, according to Akshar.
Food from the prison was sent to the Wadsworth Center lab in Albany for testing to find the source of the bacteria, and test results for chicken salad that was served to the inmates came back positive for salmonella.
An investigation into the outbreak is currently being conducted by the health department and the food sample testing being conducted in Albany is ongoing. The Broome County Health Department said it is working with the jail’s food vendor, Trinity Services Group, and the jail itself to “enhance food handling.”
Benjamin says outbreak is result of ‘dereliction of duty’
On May 29, Benjamin submitted a claim for a class action lawsuit against Akshar and the county.
The exposure to the infection, according to the claim, was due to Akshar’s “failure” to prevent improper purchase, preservation, cooking and delivery of food free from salmonella-causing bacteria. Benjamin also alleges Akshar, through his employees, breached his duties under New York State Corrections Law which requires the “health, welfare and safety of inmates.”
Benjamin then sent two letters on June 1 — one to the Broome County Legislature and one to Hochul. In his letter to the legislature, he asked that Akshar be removed from his administration of the jail and for an administrator to be appointed for the facility. In his letter to Hochul, he asked that she take steps to remove Akshar from office and assist the legislature with the appointment of an administrator.
“What happened in this case was not an accident, this was dereliction of duty — standing by idly while inmates are given food not fit for human consumption,” he said.
In a statement on June 3, Akshar said while Benjamin spends his time on “publicity stunts and distractions,” the sheriff’s office remains focused on working with community partners to “manage this crisis on behalf of the people of Broome County. “
“Just as Ron Benjamin continues his exceedingly long history of frivolous lawsuits based on lies, demonstrably false claims and outright fabrications, the Broome County Sheriff’s Office is committed to transparency and truth,” Akshar said. “We will continue prioritizing the health and safety of all those living and working within the Broome County Correctional Facility and prioritizing the safety and security of families across Broome County, because that’s what the people of our community expect and deserve.”
In his case against Akshar, Benjamin claims the sheriff and the health department have attempted to “whitewash” what actually happened within the jail, calling their efforts to explain the situation to the public “rubbish.”
“Do not accept at face value what either the sheriff or the health department is telling you because it is simply not true,” he said.
After talking to “over 100” inmates, Benjamin also claimed he will be able to produce video evidence taken by personal cameras and jail security cameras that proves the chicken salad served to inmates was mishandled by the kitchen staff — Benjamin said he has not yet personally seen the footage.
“This is the kind of standard abuse that inmates are suffering right now and the sheriff seems to think that because he controls the institution, controls access, controls the records, that there is never going to be any transparency and I’m suggesting to you don’t let him get away with that,” Benjamin said. “There are videotapes that will show that they willfully disregarded the rights of inmates to have food fit for consumption, not the garbage, contaminated food that they were served.”
Inmates, relatives speak out about jail conditions
Monty Ramey, who was previously being held at the jail and got sick with salmonella poisoning, said people were “left in our cells to rot for days on end” during the outbreak.
He said there was limited information shared with inmates during the lockdown, and despite Akshar and the health department’s claims that there were hundreds of water bottles given out to sick people, he said he only saw two.
Ramey said inmates were mostly left to drink water from the sinks in their cells, which he claimed were dirty and often infested with bugs.
Latoya Warren, whose 22-year-old son is currently being held in the jail on pre-trial detainment, said he witnessed people becoming ill over the weekend. On May 25, he called and told her he was sick, “sweating profusely” and eventually had blood in his stool.
After hearing about his symptoms, Warren tried to get in contact with the jail to see if he could be taken to the hospital. She was told that because his vitals were normal, he was not going to the hospital and would remain in his cell.
Ann Affholder, a 60-year-old woman currently being held in the jail, was one of the four inmates admitted to the hospital. Derek Heyliger, Affholder’s property and finance manager, said she got sick with salmonella poisoning, had a heart attack and was kept in the hospital for three days.
“She’s elderly and has a multitude of health issues, so this made it even worse,” he said. “She’s not doing too well.”
Richard Ward, who was released on June 1, also got sick while in the jail. When he began feeling symptoms, Ward said he was “self-medicating” with Tylenol from the commissary due to a lack of medical help from staff.
Ward also said he saw a limited distribution of water bottles while he was sick and did not receive any IV fluids. Most inmates with severe symptoms, he said, were given a few doses of Tylenol and Pepto-Bismol.
The food, according to Ward, had been an issue during the six-month period he spent in the jail. The trays and utensils used daily by inmates were not properly clean, often having “days or weeks old food” still stuck to them.
“We’re just a number to them, that’s all we are, just something to make money,” he said. “They get paid so much every day to have us in there.”
This article originally appeared on Binghamton Press & Sun-Bulletin: Inmates allege neglect during Broome County Jail’s salmonella outbreak
Reporting by Jillian McCarthy, Binghamton Press & Sun Bulletin / Binghamton Press & Sun-Bulletin
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By Jillian McCarthy, Binghamton Press & Sun Bulletin | USA TODAY Network
