11 Investigates: Ban on use of leg shackles during inmate hospital visits leads to safety concerns

PITTSBURGH — Is your safety in jeopardy because of a restraint device jail guards are no longer allowed to use in one county?

It all has to do with the ban on leg shackles during hospital visits by inmates and Chief Investigator Rick Earle is hearing from people on both sides of this issue.

Four years ago, voters overwhelmingly approved a referendum to improve conditions at the Allegheny County Jail. Among other things, it banned the use of leg shackles, but now guards tell us that’s putting them and the public in danger.

Earle spoke with Brian Englert, the President of the Allegheny County Prison Employees Union.

Englert: I’ve been a corrections officer [for] 14 years as of Jan. 5, and I’ve never seen anything like this.

Earle: Never seen this many escape attempts?

Englert: No.

During a two-week period, Englert says there were three attempted escapes by inmates while visiting local hospitals for medical appointments.

“We had to chase them down and tackle them and get them in custody,” said Englert, who indicated there is an uptick in escape attempts since the ban took effect more than three years ago.

Englert told Earle he’s worried about innocent bystanders getting hurt.

“My fear is that you’re in the ER with your son or daughter and there’s a sledding accident, and they need stitches and you see a corrections officer running at you with a bulletproof uniform chasing after somebody. I would ask the public to try to find a safe spot,” Englert said.

During one escape attempt at Mercy Hospital, an inmate reached for the guard’s gun, injuring the guard in the struggle.

“We had an officer sustain a concussion. He was kicked several times in the head,” Englert said.

While most of the inmates are still handcuffed and monitored by two guards, Englert said he’s confident leg shackles would have prevented the escape attempts.

“It would make a huge difference. If anything, it’s a deterrent because you know, you’re not going to be able to run,” Englert said.

Tanisha Long, a community organizer who’s been critical of the jail, helped promote the referendum.

“You’re telling me that the two of you are unable to control one person who is handcuffed? If that’s the issue, we have bigger problems,” Long said.

She said the jail had the highest use of force rate in the state — and says inmates were kept in solitary confinement for too long, chained to restraint chairs, and shackled.

Earle: It was inhumane and abusive?

Long: It was beyond inhumane and abusive. You don’t treat your worst enemy that way.

The jail also faced multiple use of force and wrongful death lawsuits.

Long also added that most inmates have not been convicted yet and are awaiting their day in court.

She also said most are not hardened criminals.

Earle also spoke with Allegheny County Councilmember Bethany Hallam, who is on the Jail Oversight Board.

“There is an easy solution but President Englert has consistently fought against that solution,” Hallam said.

Right now, the transport from the jail involves two different departments.

Sheriff’s Deputies drive inmates to the hospital and they are allowed to use leg shackles.

But once inside the facilities, a deputy will remove the shackles and turn the inmate over to a jail guard.

The jail guard will remain with the inmate.

Two jail guards normally escort one inmate.

In the case of an emergency, jail guards will escort an inmate to the hospital in an ambulance.

They are not allowed to use leg shackles during the transport, in the hospital and on the return trip to the jail.

“President Englert and his union have argued against giving away transports. My opinion is that they should not be involved at all. Would we have to give more funding to the sheriff’s department to make sure they can hire? Absolutely. But it would also help solve the staffing issue at the jail that we have not been able to solve for all these years now,” said Hallam, who conceded that deputies would be allowed to use leg shackles the entire time as they don’t have to abide by the ban.

Earle reached out to Allegheny County Sheriff Kevin Kraus and he sent the following statement.

“Transportation is one of the core functions of this office and I take those responsibilities very seriously. If county officials want to engage in a dialogue about the expansion of those duties, I am certainly willing to have that discussion, but there are a number of issues that will need to be worked out including the allocation of resources.”

The jail guard union said they plan to circulate a petition to convince the Allegheny County Council to amend the Home Rule Charter and change the rules so they can use leg shackles.

Englert said they need to get 500 signatures in order to get the council to vote on amending the Charter.

Earle also reached out multiple times to the hospitals where the inmates are treated but did not get a response.

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