“Due to the loss of electrical power as well as the lack of potable water and functional plumbing,” the prisoners said they “suffered extreme deprivations” caused by a lack of food, clean water, hygiene items and medical care while being exposed to extreme heat without even a fan for ventilation for several weeks. “At least two prisoners died and others suffered ‘staph infections and other illness, and ... psychological injuries,’” according to pleadings filed in the case. The federal district court dismissed the lawsuit on September 22, 2009, saying “the decision as to whether to evacuate inmates at USP-Beaumont, as well as the decisions made regarding preparations for the hurricane and its aftermath, all fall within the discretionary exception function” of the FTCA. Although the district court found the prisoners had filed a “trenchant and resourceful response” that contained creative arguments, it was not persuasive. The court held that prison officials had “room for choice” as to their decisions, which were “the types of decisions Congress did not wish to subject to judicial second-guessing” because they were “guided by public policy concerns.” See: Spotts v. United States, U.S.D.C. (E.D. Tex.), Case No. 1:08-cv-00376; 2009 WL 3083996.

In the Ramsey Unit, a state facility located in Brazoria County south of Houston, electrical power was lost and prisoners were kicked out of the medical department so TDCJ guards, who could not leave the facility for the duration of the emergency, could sleep in one of the few areas with air conditioning powered by backup generators. Prisoners with medical problems were sent to a small, three-chair barber shop, where licensed vocational nurse Noland, the only medical professional remaining at the prison, presided over a “temporary infirmary.”

One prisoner, Mark Goss, developed a staph infection on his head as Rita neared shore. He showed it to Nurse Noland, who told him not to worry and gave him Tylenol. The infection spread, became bloodborne and caused Goss to experience severe internal pain, but during repeated visits Noland insisted the pain was being caused by gall bladder stones. Goss’ condition worsened to the extent that even the guards noticed, but a lieutenant who was the ranking security officer at the prison during the emergency could only refer him to Noland.

Ten days after Rita made landfall, the mandatory evacuation order was lifted and a doctor arrived at the Ramsey Unit. Upon seeing the near-comatose Goss, the doctor had him immediately transported to a hospital. Goss remained in the ICU for five months; he suffered severe damage to his internal organs, including his brain, resulting in permanent paralysis. He must now use a wheelchair for mobility.

Although not directly endangered by the storm, Goss became one of its victims when the facility was left populated in a mandatory evacuation zone without competent medical providers. Unfortunately, his story is hardly unique.