A federal judge has ordered Erie County to open the Holding Center to Justice Department

investigators for two days to determine whether changes can be made to prevent more inmates

from committing suicide.

U.S. District Judge William M. Skretny also said he will reject the county's request to

throw out the Justice Department's lawsuit, which alleges widespread civil rights violations

in the county's two jails.

"Certainly, we're disappointed with the ruling, given that the county adheres to the New

York State Commission of Correction's suicide-screening processes," County Attorney Cheryl A.

Green told The Buffalo News today.

But Green said she is pleased that -- under Skretny's ruling -- representatives of her

office will be allowed to be present while jail employees are interviewed by federal

inspectors.

"We've always said that we'd give them access (to the jail) as long as a county attorney is

present," Greeen said. "That is extremely important from the county's perspective."

Both of Skretny's decisions came in a written ruling issued Saturday, three days after the downtown jail

reported the third suicide in the last four months.

"Due to the Justice Department's demonstration of good cause and the recurring incidents of

suicide, and attempted suicide, at the Erie County Holding Center, this court finds that the

requested expedited discovery is both warranted and necessary," Skretny wrote in his decision.

Skretny ordered the county to permit Justice Department attorneys and inspectors inside the

Holding Center on March 22 and 23.

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Skretny's ruling is the latest development in a heated legal battle that has been brewing

for years between the county and Justice Department officials investigating conditions in the

jail.

Green has maintained that the county meets state regulations on suicide prevention and for

almost two years has refused to let the Justice Department inspect the Holding Center in

Buffalo or Correctional Facility in Alden without a county lawyer present.

The Justice Department, meanwhile, says the Holding Center's suicide rate is almost five

times the national average.

Justice Department lawyers asked Skretny last month to allow federal investigators to

inspect the jail to determine if its suicide-prevention procedures are adequate.

Skretny agreed.

"Given the circumstances of this case, this court has little difficulty finding that the

Justice Department has demonstrated that expedited discovery is warranted," Skretny wrote.

He called the Justice Department's request "reasonable" and not "unduly burdensome," as the

county has argued.

The Justice Department's inspection of the Holding Center is limited to the issue of

suicide policies, procedures and practices, the judge wrote.

An inspection also is necessary for the Justice Department to determine whether it should

seek a preliminary injunction to impose "immediate remedial measures" at the jail, Skretny

explained.

"This court finds that the increasing frequency of suicides and suicide attempts at the

Erie County Holding Center, coupled with the historical allegations in the complaint,

constitutes good cause for ordering expedited discovery," the judge wrote in his decision.

In Saturday's written ruling, Skretny also said he will not dismiss the Justice

Department's lawsuit against the county, but will explain more fully in a follow-up decision.

In November 2007, the Justice Department's Civil Rights Division notified the county it was

investigating suicides and allegations of excessive use of force by some employees in the jail

on Delaware Avenue.

In August 2008, Collins and Green barred Justice Department investigators from touring the

Holding Center or the Correctional Facility in Alden.

Last September, the Justice Department filed a lawsuit accusing the county of depriving

county jail prisoners of their constitutional rights. Federal attorneys claim the facilities

have a wide range of problems, including inadequate suicide-prevention procedures, inadequate

health and mental health care and abusive conduct by some jail employees.

County officials deny the allegations and in December asked Skretny to dismiss the Justice

Department's lawsuit, which seeks improvements in inmate care and treatment, as well as the

protection of civil rights both at the Holding Center and Correctional Facility.

Since then, however, three inmates have committed suicide in the Holding Center.

Adam Murr, a 31-year-old facing bank robbery charges, hanged himself Dec. 17 in his Holding

Center cell by using shoelaces tied to an air vent.

Daniel Nye, 26, of Cheektowaga, tied shoelaces to a bar on his cell's window and hanged

himself Feb. 13.

Wednesday, Jeremy M. Kiekbush, 29, of Amherst, was found hanging from a bedsheet in the

downtown jail. It was the ninth death by hanging in the jail since 2003, according to federal

officials.

After last week's suicide, the state Commission of Correction dispatched two of its

inspectors to Erie County to begin a comprehensive review of the county's suicide-screening

measures.

Erie County Sheriff Timothy B. Howard cannot bar state investigators — they

frequently arrive unannounced at the Holding Center and Correctional Facility — but he

said he welcomed their effort to collaborate on improvements.

Howard also said his jail staff intends to place on suicide watch the 130 to 140 inmates

going through drug-withdrawal programs. The three inmates who have killed themselves in the

past 90 days had links to heroin use, he said.