A Massachusetts Superior Court judge has ordered Plymouth County Sheriff Joseph McDonald to turn over anonymized medical records regarding nearly 500 detainees he is holding on behalf of ICE. Judge James Budreau’s ruling, which he made in response to a lawsuit brought by the ACLU, was reported last week by Fred Thys of the Plymouth Independent. (Update: I’m told that Kevin G. Andrade of The New Bedford Light had it first.)
Last month I singled out McDonald for a New England Muzzle Award for claiming that his agency’s contract with ICE did not allow him to release medical records even with the names redacted, thus helping the rogue federal agency to cover up what was going on inside the county jail.
Budreau ruled that the ICE agreement did not preclude McDonald from having to comply with the state’s public records law. “The state maintains its right to reasonably police and ensure the health and safety of its population,” Budreau ruled. “And such a right is not usurped by the federal regulation at issue here.”
That’s hardly a theoretical concern. In a follow-up story, Tonia Alvarez of The Boston Globe (sub. req.) reported that “more than 50 people across the nation have died while in ICE custody,” citing Physicians for Human Rights.
McDonald, in an emailed statement to the Independent, said he would comply with the judge’s order.
To be fair to McDonald, Judge Budreau acknowledged earlier that the ACLU’s suit was not a slam-dunk, as it involved a clash between a state law and federal authority. Fortunately, Budreau recognized that the state has a right to know what’s going on behind the walls of its detention facilities.
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Hurrah for an important piece of accountability. Let’s see if he actually turns over any records…