As the Buffalo News reports, Erie county has been sent a bill for over $40,000 by the Allston and Bird law firm for research and advice back in August, after being taken to task by the US Department of Justice for conditions at the Erie County Holding Center, and the correctional facility in Alden.

The idea is that Robert N. Driscoll, who is currently at the firm, used to be a deputy assistant attorney general and chief of staff for the Civil Rights Division from 2001-2003, and has done work for controversial Arizona sheriff Joe Arpaio. County Executive Chris Collins calls it “money well spent.”

Recently, Arpaio instituted a lawsuit against Maricopa County (AZ), then asked for $7 million from the county to pay for that lawsuit. The county will also soon be forking over money for lawyers fees to four activists who were arrested for clapping at a Maricopa County Board of Supervisors meeting one year ago.  And let’s not talk about his tactics with the press.

Collins is quoted in the News, “No apologies…you have to spend what you have to spend to hire the best experts you can hire. No one would suggest that that advice comes cheap. It’s a shame the Department of Justice chose to sue us with a frivolous lawsuit.”

It’s also a shame that there have been beatings by guards, avoidable deaths, suicides, attempted suicides, and prisoner-on-prisoner violence encouraged by authorities at the Holding Center—but shame means different things to different people.

Today, Erie county attorneys will make their first argument to dismiss the case against them before US District Judge William M. Skretny.

We’ll see how valuable the advice of the best experts turns out to be for county taxpayers.

Following a long-term Federal investigation that exposed violations of the constitutional rights of inmates—including failure to protect inmates from physical harm caused by excessive force used by staff, and failure to provide adequate medical and mental health care—the Westchester (NY) County Jail will now have to clean up its act or face a Federal lawsuit.

Sound familiar?

Yes, but according to a 42-page report, there are differences between the situations in Westchester County and Erie County. (Compare it with the 50-page letter issued to Erie County.)

Whereas Erie County Executive Chris Collins, County Attorney Cheryl Green, and Sheriff Tim Howard have stonewalled Federal investigators, even after the instigation of a Federal lawsuit against the County, officials in Westchester granted an on-site inspection of their jail between February 25-28, 2008.

“We interviewed Jail staff in administration, security, medical and mental health, facilities management, and training. We also interviewed inmates. Before, during, and after our visit, we reviewed an extensive number of videos and documents, including policies and procedures, orientation and staff training materials, and unit logs. We also reviewed numerous internally prepared Jail reports involving incidents, uses of force, investigations, and disciplinary matters. In keeping with our pledge of transparency and to provide technical assistance where appropriate, we conveyed our preliminary findings to WCJ officials and legal counsel for Westchester County (the “County”) at the close of our site visit,” the Federal report says.

“We thank the staff at WCJ for their helpful and professional conduct throughout the course of the investigation. The County provided us with access to records and personnel, and responded to our requests, before, during, and after our on-site visit in a forthcoming manner. We also appreciate the County’s receptiveness to our consultants’ on-site recommendations. Accordingly, we have every reason to believe that the County is committed to remedying all known deficiencies at WCJ.”

While officials in Westchester are stung by the findings, they are, apparently, working with Federal investigators to fix the violations of the Civil Rights of Institutionalized Persons Act (CIRPA).

It will be interesting to see which approach works best. So far, Westchester is avoiding a lawsuit—which is more than Erie County can say. In addition to the Federal one against Erie County, there’s also the one that was filed by the NYS Commission of Corrections, for violating State standards and failing to correct the violations. Sheriff Howard and his staff have said State and Federal authorities have been been unfairly picking on us here in Erie county.

The Buffalo News printed this editorial today, urging Collins and Howard to “get serious” about the issue.

Question: At what point was it OK for them not to take Civil Rights seriously?

County Executive Chris Collins’s proposal to build a new lockup at 120-134 W. Eagle Street is not a new idea, according to this 1998 Buffalo News Article.

The original section of the Erie County Holding Center was designed by renowned architect E.B. Green, who also designed the Albright Knox Art Gallery, the First Presbyterian Church and the Market Arcade, among other area landmarks.

The article identifies the separate, W. Eagle Street building, which currently houses the Erie County Board of Elections, as a “contributing structure” to the Joseph Ellicott Historical District.

Green also designed Buffalo’s War Memorial Auditorium, which was demolished this year and is soon to be commemorated as a coffee table book. A Bass Pro store may or may not take its place.