The Frederick County Detention Center, a facility designed to house individuals awaiting trial or serving short-term sentences, became the epicenter of a major health and human rights concern when a sewage problem escalated into a full-blown crisis. The incident, which occurred over several weeks, saw raw sewage flooding the cells and common areas, creating an unbearable living environment for the inmates.
One day after Amilcar Carcobo and other RISE (Resources for Immigrant Support and Empowerment) Coalition community members attended the annual ACLU Legislative Lobby Day in Annapolis, he was incarcerated. On February 20, 2023, a bus took the group to meet with Frederick state delegation comprised of delegates and senators to discuss priorities including police accountability and healthcare expansion to non-citizens. Shortly thereafter, Amilcar found himself sharing a 3×6 foot cell with a stranger at the local detention center on charges now dismissed. He would be there until late June, subjected to horrific living conditions and treatment.
The sewage spillage began subtly on March 11th, with minor leaks and occasional foul odors. However, it quickly escalated into a major issue, with toilets overflowing and raw sewage seeping into the cells. The stench was unbearable, and the sight was even worse. The inmates were forced to live, eat, and sleep in these conditions, with their basic needs for sanitation and hygiene grossly neglected.
Watch a portion of Amilcar’s interview with ACLU below. Turn on Auto-translate for captions.
Wastewater poured from the shower heads in the common showers. Inmates heard the rush of “black water,” or sewage, Amilcar remembers, contaminating the shower lines. They had to stand on their cots to not come into contact with the water. Despite the severity of the situation, the inmates’ complaints fell on deaf ears. They reported the issue to the detention center’s authorities, expecting prompt action to rectify the situation. However, their pleas were largely ignored. The inmates were left to endure the horrific conditions, with no immediate solution in sight.
Amidst this crisis, the plight of immigrant detainees was particularly distressing. These individuals, many of whom were already dealing with the trauma of separation from their families and the uncertainty of their legal status, were subjected to the same horrific conditions as the rest of the inmates. However, their complaints and pleas for help were met with even more indifference.
Being a professional plumber, Amilcar knew effective plumbing protocol; he watched as officers came into each cell using makeshift vacuums and mops with soapy water to clean the walls and floors. They gathered used clothes and towels to block cell entrances to prevent further leakage.
Language barriers and fear of retribution often prevented these immigrant detainees from voicing their concerns effectively. Even when they managed to do so, their complaints were largely ignored. This blatant disregard for their wellbeing further exacerbated their sense of isolation and vulnerability. Correctional officers passed around papers for inmates to sign with offerings of snacks and sodas to bribe them into cooperating. 23 out 25 inmates on the cellblock agreed to sign the paperwork stating their rights were not violated. But Amilcar did not want a temporary fix, he wanted justice.
The men felt like animals, Amilcar said. Medical follow-up was minimal, adding to the inmates’ distress. The disaster raised serious health concerns. Exposure to raw sewage can lead to a host of diseases, including Hepatitis A, E. Coli, and other gastrointestinal illnesses. The inmates, including the immigrant detainees, were at a high risk of contracting these diseases. Left traumatized by these events, some inmates have since developed long term illnesses even after having left the facility. The incident remains a haunting nightmare.
The Frederick County Sheriff’s Office (FSCO) oversees the Detention Center. Sheriff Chuck Jenkins has been scrutinized for his response to this incident. Though he confirmed the details of the complainants’ grievances to be true, the Sheriff downplays the severity of the incident. Organizations have since called for corrective action and accountability.
I have directed the Warden, Assistant Warden, and other leadership of the Frederick County Adult Detention Center to have a standard operating procedure in place for future events of this nature. At my direction, all inmates impacted by events like this are to be immediately moved to another area within the correctional facility. As concerning as this situation is, the assertions made by the inmates were gravely exaggerated, however, all steps are being taken to prevent this situation from occurring in the future. – Sheriff Chuck Jenkins
The RISE Immigrant Justice Coalition released a statement urging the Frederick County Executive and County Council to launch an investigation of the Sheriff’s Office, excerpts are below.
RISE’s call for an investigation comes as Congressman David Trone (D-MD), who represents Frederick and Western Maryland, issued a statement urging Alejandro Mayorkas, secretary of the Department of Homeland Security (DHS), to terminate an immigration enforcement agreement between Immigration and Customs Enforcement (ICE) and the Frederick County Sheriff’s Office. Trone’s letter highlights a pattern of harassment and targeting of immigrants, Black and Latino people by the Frederick County Sheriff Department based on perceived race and ethnicity. RISE received inmate complaints about the event and a RISE spokesman immediately wrote to county officials and Sheriff Jenkins for answers. On March 24, more than 2 weeks after the incident, Sheriff Jenkins issued to RISE and county officials an often contradictory statement. His statement raises serious questions about the management of jail operations. Jenkins acknowledges in his report that sewage backups occur on a regular basis. Further, he contradicts himself on several points on the basic facts of the incident, In the first part of the report, he contends that only so-called gray water backed up through the shower drains and that inmates ‘complaints about toilets overflowing with Blackwater (sewage) were untrue. Yet later in the report, he concedes there was indeed a possibility of urine and fecal material flowing out of the toilets in the cells where inmates were forced to remain overnight. Jenkins promises that in the future inmates will be moved out of the cells in such circumstances.
The American Civil Liberties Union (ACLU), filed a federal administrative complaint calling on U.S. Department of Homeland Security to investigate the Sheriff. An excerpt reads: “In March 2023 at a detention center in Frederick County, dozens of individuals detained were reportedly forced to endure a sewage system collapse that surrounded them in human feces for hours. For over a decade, Sheriff Jenkins and the Frederick County Sheriff’s Office have used their power to endanger the health and safety of its community members – making it inappropriate for him and his office to have further federal immigration authority in Frederick County.”
In the aftermath of the incident, it is crucial that the detention center’s authorities are held accountable for their negligence. The inmates’ basic needs must be met, their complaints must be heard, and their dignity must be respected. The sewage incident should serve as a wake-up call, highlighting the urgent need for improved conditions in detention facilities across the country, complainants say.
The United Nations Standard Minimum Rules for the Treatment of Prisoners, also known as the Nelson Mandela Rules, clearly state that all prisoners should have access to clean water, proper sanitation facilities, and an environment that respects their inherent human dignity.
The Sheriff’s Office’s (FSCO) lack of urgency in handling the sewage incident at the Frederick County Detention Center reveals a shocking disregard for the basic needs of inmates, a systemic failure to address their complaints, and a disturbing pattern of discrimination against immigrant detainees.
It was a gross violation of the inmates’ basic human rights, with immigrant detainees being particularly affected. It is a stark reminder of the need for prison reform and the importance of treating all individuals with dignity and respect. It is our collective responsibility to ensure that such incidents do not recur and that the basic needs of all inmates, including immigrant detainees, are met. Amilcar was released from jail in June. The harrowing memories of his story will never leave him.
“This is not personal. I [speak] for all the people alongside me in jail – not just Spanish – Black, White, etc. The treatment that we are getting there; we have children and families on the outside – we are human.” – Amilcar Carcobo
Updated December 1, 2023:
The RISE Coalition and the Sheriff’s Department met to address these concerns. The Sheriff’s Department has since added policy to address these types of “Blackwater, gray water, and wastewater exposure” incidents. Policy 2-117 is the “policy of the Frederick County’s Sheriff’s Office – Corrections Bureau to provide guidelines to protect the life and safety of staff and inmates should there be a hazard caused by water intrusion of the facility by either clean water, gray water, or black water.” Stipulations include the use of a contracted cleaning company, staff responsibilities, and the identification of the type of water intrusion to then notify, isolate, and evacuate inmates, with a regard to staff and inmate health.