Montana commission says group strip searches of Indian inmates wasn’t discrimination

Panel: Strip search of Indians not discrimination

BILLINGS, Mont. — The Montana Human Rights Commission has rejected a discrimination complaint filed by American Indians who were subjected to group strip searches at a privately run prison in Shelby.

Guards at the Crossroads Correctional Center in 2008 made the inmates strip before and after their traditional sweat lodge ceremonies.

Prison officials said they suspected the ceremonies were being used to move contraband, although none was ever found.

The prison denied the inmates were discriminated against, and the state Department of Corrections later agreed, with an investigation concluding the guards acted appropriately.

The prison is run by Nashville, Tenn.-based Corrections Corp. of America.

“It was our feeling that (strip searches) were used appropriately,” Department of Corrections spokesman Bob Anez said Friday. “We continue to work with Crossroads officials to ensure the ongoing fair and appropriate management of all offenders.”

Helena attorney Ron Waterman said he represents roughly 30 Indian who were strip searched.

Following the commission’s 3-2 ruling Thursday, he said his clients were considering taking their case to state or federal court.

“This was a series of strip searches conducted as people were going to exercise religious practices,” Waterman said. “Fundamentally, we believe there was discrimination.”

Suspicions that the inmates were moving contraband were nothing more than a pretext to discriminate against the inmates, he said.

The state investigation into the treatment of Indians at Crossroads followed an ongoing human rights complaint from The American Civil Liberties Union.

In addition to confirming the strip searches, a May report that resulted from that investigation highlighted poor conditions at the sweat-lodge grounds, inappropriate comments from guards about the Indian ceremonies and a lack of attention to inmate grievances.