Mark Luttrell: Fix Shelby County Jail, avoid costly litigation / Opinion

The 2002 election for Shelby County sheriff was significant because the newly elected sheriff did not come from a traditional law enforcement background but instead a corrections career.  I retired from the U.S. Bureau of Prisons after 22 years managing federal prisons followed by three years as director of the Shelby County Division of Corrections. 

The Sheriff’s Office, with oversight of the county jail, was embroiled in numerous legal challenges by both the inmate population and increasing judicial oversight by the Department of Justice.  The years of litigation and the persistent media attention directed at jail management leading up to the election framed a campaign focused on humanitarian and constitutional requirements long neglected by previous sheriffs.  My credentials offered a unique skill set for the time.

As a new sheriff with what I felt was a clear mandate to fix the jail, my team and I developed a remediation plan for the jail that took five years and approximately $25 million to correct.  Our ultimate triumph came when the plaintiff’s attorney, the special master appointed by the court and I stood before a federal judge and agreed constitutional compliance had been achieved.

We departed that hearing proud of the collective effort of plaintiff and defendant to resolve differences but  aware that failure to maintain  compliance could result in further litigation and costly consequences. Today the jail once again is embroiled in federal litigation regarding a public health procedure for COVID-19 vaccinations.  What are some of the lessons we learned from our costly, time consuming experience 20 years ago.

Law Enforcement and Corrections are litigious government operations.  Local government in particular has spent millions of dollars defending legal challenges, often unsuccessfully.

It is expensive to manage a jail but more expensive to mismanage.  Rather than litigate, try to resolve differences informally through mediation. (It is much cheaper than legal orders.)

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Shelby County has a long history of litigation in the federal courts.  From voting rights to school busing, correctional standards to water rights and public corruption.  Can we try something less costly and more constructive to the public benefit?

Fortunately, all agree the inmates should be provided the opportunity to receive the vaccination.  Currently less than 25% of those at the jail have been vaccinated, a level far lower than the 70% achievement at the Shelby County Corrections Center.  To date about $350,000 has been spent on legal fees.  U.S. District Court Judge Sheryl Lipman recently issued an order agreeing with an independent monitor that more must be done to ensure public health standards are upheld in the jail relative to addressing the COVID-19 pandemic.

More:Shelby County corrections facilities outrank general public in rate of COVID vaccination

From my experience overseeing  jail operations under court mandate, reviewing both Judge Lipman’s order and the independent monitor’s assessment, I am convinced that the jail’s COVID-19 response could be satisfactorily resolved short of judicial intervention. 

Sheriffs over the past 20 years have understood and appreciated the liability inherent in managing a large urban jail.  For the good of public health, the wise use of tax dollars and to demonstrate how local government can function efficiently the plaintiff and defendant have the authority to solve this disagreement professionally without attorneys.  Think of the message that could be sent that people of divergent positions can convene in the public interest and reach consensus.

Mark Luttrell served as Shelby County sheriff from 2002-10 and he was Shelby County Mayor from 2010-2018.