The suit charges defamation and intentional interference with prospective business advantage, and names McClure and Does 1 through 10. It arises out of the two occasions a delegation of concerned people appeared before the Board of Supervisors to express concern about the medical care. On April 22nd, the group asked for an investigation into complaints and to be put on the Board agenda for further presentation of supporting information. A news article in the Ukiah Daily Journal included quotes from McClure which were referenced in the suit. In response to the article, CFMG sent a letter demanding the statements be retracted or documentation be supplied to support them. In a reply letter, methods of collecting information and sources of information were referenced without names being used.
On May 20, when the coalition appeared again before the Board as an agenda item, representatives from CFMG spoke, along with a local contracted psychiatrist and Sheriff Tuso. They defended the quality of the care in the Jail, welcomed scrutiny, and expressed a willingness to address problems, but the suit followed within a few weeks.
In March, McClure made a written request to the County under the Freedom of Information Act for documents pertaining to CFMG. To date, only the contract and the original 1990 Request for Proposals have been offered by the County. The contract calls for extensive reporting on complaints and resolutions, financial records, payroll and staffing documents, and inmate services. Whether CFMG is far out of compliance with the contract or the County is withholding information is unclear at this time.
At the May 20 meeting, Board Chairperson Peterson agreed to conduct hearings on the complaints, and appointed Supervisor Campbell to sit on a committee with him. Despite requests that the committee include representatives from parties with interest in the issue and staff from the Jail and Department of Mental Health, Peterson later determined that he and Campbell will be the only people on the committee. Subsequently, Peterson, Campbell, County Counsel Peter Kline, Public Health Officer Marvin Trotter, and three CFMG principles met to review the contract. CFMG's representatives were indignant at being questioned, but the review resulted in agreement that the contract is poorly written.
Response to the lawsuit was filed June 20. The General Denial listed the Affirmative Defenses as the statements are true, are privileged, are protected speech under the First Amendment to the U.S. Constitution, and a failure by the Plaintiff to state a cause of action. In addition, a Request for Production of Documents and Other Tangible Things requested documents referenced in the contract be produced, and a set of interrogatories requested information supporting the claims made in the suit.
While this suit is considered a SLAPP suit (Strategic Litigation to Avoid Public Participation), parties involved in the issue determined to proceed with the suit in order to gain as much information about the corporation as possible. An anti-SLAPP motion would suspend discovery. Many people have expressed outrage that the consequences of expressing concern about a condition in the County at a public meeting could result in an individual facing a law suit, and the underlying threat to other parties who may continue openly advocating for jail medical care reform. The resources available to a corporation far exceed an average person's, and the potential for loosing assets can be quite inhibiting, even when the cause is righteous.
For more information about CFMG, medical care at the Jail, the law suit, or if you have information about conditions at the jail involving medical care, contact Lynda through the MEC.
Copyright Mendocino Environmental Center 1997
Permission granted to excerpt or use this article if source is cited