Milwaukee County Jail's health care contractor charged with falsifying inmate records

Milwaukee County prosecutors have charged Armor Correctional Health Services with falsifying health care records of inmates at the Milwaukee County Jail, including Terrill Thomas, who died of dehydration while in custody.

The criminal complaint, filed Wednesday, alleges Armor Correctional employees "engaged in a pattern and practice of intentionally falsifying entries in inmate patient health care records."

When investigators compared inmates' medical records with jail surveillance footage, they saw Armor Correctional employees walking past cells without stopping or never showing up at all, despite notes that they had checked on inmates.

Thomas, a 38-year-old inmate with bipolar disorder, went seven days without water in solitary confinement before his death in April 2016. He lost 34 pounds in his eight days in the jail.

"Had Armor Correctional medical staff actually performed the assessments that they falsely recorded in Mr. Thomas’ patient health care records, medical staff may have identified Mr. Thomas’ fatal medical distress," according to the criminal complaint.

One of those employees, a certified medical assistant, recorded Thomas' blood pressure and pulse twice on April 21 — but video footage of his cell showed no one had any physical contact with him in that time period. The health data "were complete fabrications," the complaint says.

Armor Correctional faces seven counts of intentionally falsifying a health care record, a misdemeanor offense, related to the care of Thomas and three other inmates.

In a statement, the company said it "would never condone any criminal conduct by any of our employees" and its policies state "patient care is first and foremost."

"The charges are based upon the alleged failures of three individuals," according to the company statement. "This is not a reflection of Armor’s culture or representative of the many care-providers dedicated to providing medical and mental health treatment in the Milwaukee County Jail."

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"In my experience, criminal charges against correctional health care corporations are exceptionally rare," said attorney Erik J. Heipt, who is part of the legal team representing Thomas' estate.

"Today's announcement sends a powerful message," he said, praising the Milwaukee County district attorney's office for its investigation.

"As you read through this, it was not the case of a lone health care provider making a mistake, it was a corporate practice of ignoring inmate medical needs and falsifying health care records," Heipt said of the criminal complaint.

The charges against the company come a week after prosecutors charged three jail staffers in connection with Thomas' death. At that time, District Attorney John Chisholm said his office was still investigating Armor Correctional's role in the dehydration death.

RELATED: Former commander, 2 staffers charged in dehydration death of Terrill Thomas in Milwaukee County Jail

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The Miami-based for-profit company provides medical services to both the jail and the county-run House of Correction.

The county, which spends about $16.5 million annually in medical and mental health care for inmates, is finalizing a request for proposals for that contract — a process that could lead to a new provider coming in, Acting Sheriff Richard Schmidt said last week.

Milwaukee County's audit division also has an ongoing investigation of whether Armor Correctional was meeting contract requirements and standards of care.

History of problems

Since 2001, the jail has been operating under a consent decree entered after a 1996 lawsuit by inmates challenging conditions brought on by poor staffing and health care.

In May 2013, after years of bickering between then-Sheriff David A. Clarke Jr. and the County Board, a Milwaukee County judge ordered the county to enter into an emergency contract with Armor Correctional to try to fix problems with medical and mental health care, including staffing shortages and poor record keeping.

The ruling came after Clarke had recommended outsourcing the jail medical operation for more than two years, but the County Board resisted the move. The county's inability to fill vacancies led to the judge's ruling.

Around the same time, Clarke lost control of the House of Correction in Franklin when the County Board voted to remove him from overseeing the facility and approved a new superintendent, Michael Hafemann.

The House of Correction administration handles the Armor contract for that facility and the jail, a spokeswoman for the Milwaukee County Sheriff's Office said. Hafemann did not immediately respond to an interview request Wednesday.

Asked about the charges on Wednesday, Raisa Koltun, chief of staff to County Executive Chris Abele, said the office is cooperating with the District Attorney’s investigation.

Problems have persisted since 2013, and Armor has been criticized for its care in other states, including New York.

In the fall of 2016, the court-ordered monitor of the Milwaukee County Jail found the deaths of three inmates, including Thomas, came after mistakes in medical care or potentially poor monitoring of vulnerable inmates.

During his visits last year, Ronald Shansky, the doctor who monitors the jail, found many of the same problems plaguing the jail for years: persistent vacancies among Armor's health care providers, especially nursing.

Shansky also been pushing for a full-time psychiatrist to be staffed at the jail, something Armor said late last year it was getting close to making happen.

Changes at the jail

Schmidt, the acting sheriff, said he has made significant charges at the jail since taking over in August after Clarke abruptly resigned his post and took a job with a super PAC supporting President Donald Trump.

Schmidt has moved several top commanders from the sworn law enforcement ranks to the jail and added three wellness monitors — a newly created position — who make daily one-on-one contact with inmates in the mental health, medical and discipline units.

He also has asked the National Institute of Corrections to review all operations at the jail. That stalled process appears to be moving forward, as two people from the institute are expected to visit Milwaukee in the coming weeks.

Schmidt has struck a much different tone than Clarke when discussing the Thomas case. He said such deaths are rare — about 34,500 inmates come through the jail every year and on average, a quarter have diagnosed mental health issues — but he can't dismiss them.

He also quickly acted after prosecutors charged three staffers in connection with Thomas' death. Within a week, he had announced he would recommend all three be fired, but two resigned while the internal investigation was ongoing.

Sheriff's Maj. Nancy Evans, 48, was charged with felony misconduct in office and obstructing an officer in connection with Thomas' death.

Jail Lt. Kashka Meadors, 40, and correctional officer James Ramsey-Guy, 38, were each charged with neglecting an inmate, a felony offense.

Meadors gave the order to shut off the water, Ramsey-Guy physically cut all water to Thomas' cell and Evans lied about the subsequent investigation, according to court records.

Evans and Meadors resigned while the Milwaukee County Sheriff’s Office Internal Affairs Division completed its investigation. Schmidt has said he will recommend Ramsey-Guy be fired.

A Milwaukee Journal Sentinel investigation exposed details of Thomas' death, including incomplete investigative work by the Milwaukee Police Department, which had neglected to interview fellow inmates who witnessed Thomas' death. Detectives interviewed additional witnesses once the Journal Sentinel reported the lapses.