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Law360 (May 1, 2020, 7:48 PM EDT) -- Two former U.S. Immigration and Customs Enforcement detention center officers have accused the facility's private operator of putting profits over the safety of its staff and detainees by failing to take adequate measures to combat the coronavirus.
Margarita Smith and Gregory Arnold filed two separate lawsuits in a California federal court alleging that CoreCivic of Tennessee LLC didn't provide staff members and detainees at ICE's Otay Detention Center with masks, gloves and hand sanitizer to prevent COVID-19 from spreading throughout the facility so the company wouldn't go over its budget.
CoreCivic also didn't regularly clean high-touch surfaces such as an employee clock-in screen and kiosk machine where officers obtain keys from different departments, according to the complaints dated April 29.
"Defendant did not provide any protocols or directions related to decreasing the risk of transmission in its facility, directions on how to practice social distancing in the facility or implement any steps to properly disinfect and clean or provide protective gear in response to the COVID-19 pandemic," they said.
Instead, CoreCivic prohibited employees from wearing masks in the facility so as not to scare detainees into asking for face coverings and had detainees cleaning surfaces with dirty rags, the former officers said.
Arnold also alleged that CoreCivic failed to train its employees with how to deal with infectious diseases and that many times the facility had a shortage of soap, shampoo and toilet paper.
Arnold, who is 60 years old and has high blood pressure, and Smith, who has asthma and a history of pneumonia, said their medical conditions coupled with the lack of safety measures being taken by CoreCivic make it impossible for them to work at the Otay Detention Center.
"Defendant intentionally created or knowingly permitted working conditions that were so intolerable or aggravated at the time of the plaintiff's resignation that a reasonable employer would realize that a reasonable person in the employee's position would be compelled to resign," they said.
More than 140 detainees and staffers at the Otay Detention Center have tested positive for the COVID-19 as of April 23, according to the lawsuits.
CoreCivic Public Affairs spokesperson Ryan Gustin said in a statement Friday that all detainees and staff members are provided with face masks, and disposable gloves are available for employees to conduct searches and handle property.
"From the onset of the COVID-19 pandemic, the Otay Mesa Detention Center has taken affirmative and proactive measures to combat the spread of coronavirus, and followed the most current guidance from medical and industry experts on best practices and recommendations for safe operations," Gustin said. "Our practices have evolved and changed as the [Centers for Disease Control] guidance and recommendations have evolved over time and as we learn more about the novel coronavirus."
Counsel for Smith and Arnold did not provide comment Friday.
Smith and Arnold are represented by Josh D. Gruenberg and Colette N. Mahon of Gruenberg Law.
CoreCivic hasn't assigned counsel to the cases yet.
The cases are Smith v. CoreCivic of Tennessee LLC et al., case number 3:20-cv-00808, and Gregory Arnold v. CoreCivic of Tennessee LLC et al., case number 3:20-cv-00809, both in the U.S. District Court for the Southern District of California.
--Editing by Stephen Berg.
For a reprint of this article, please contact reprints@law360.com.
