The American Civil Liberties Union of Idaho filed a federal lawsuit against Canyon County for jail overcrowding Friday, an action that county leaders have been expecting and that might spur plans to build a new, bond-funded jail.

The lawsuit, filed in U.S. District Court, alleges "indecent, cruel and inhumane" conditions that "fall far short of constitutional requirements," ACLU attorney Stephen Pevar said.

"Sheriff Chris Smith inherited a bad jail, and despite some fine efforts on his part, conditions remain overcrowded and generally deplorable," Pevar said. "All else has failed, which is why this lawsuit is necessary."

County leaders have been struggling to address chronic overcrowding in the jail for years and have known since last fall the ACLU planned to sue, County Commissioner Steve Rule said.

A new county commissioner and new prosecutor - the commissioners' legal adviser - take office Monday, and commissioners will need to grapple quickly with how to respond to the lawsuit and whether to ask voters to approve a bond issue, perhaps for about $42 million, to build a new jail on property the county bought a year ago for that purpose, he said.

Commissioners hired a consultant to draw up plans for a new jail and received a report Wednesday that estimates a bare-bones approach would create a jail that could hold up to 900 prisoners for $42.5 million in construction costs, Rule said.

The election could be held in May or August, he said. If the required two-thirds majority of voters approved the bond, it would take nearly three years before the jail could be completed, he said.

The lawsuit names six Canyon County prisoners - three men and three women - as plaintiffs and asks the court to declare that jail conditions violate inmates' constitutional rights and to issue an injunction against the county.

The jail has exceeded its 361-person capacity since 2001. To handle the inmate influx, the county added triple bunks in some areas, plus mattresses on the floor, both measures that violate Idaho jail standards.

Rule said he's confident passing a bond election would satisfy the county's insurer that the problems were being addressed, but it wouldn't affect the lawsuit.

The lawsuit alleges that crowding is "so severe that prisoners are frequently forced to sleep on the floor and shower in facilities teeming with toxic mold and rust," according to the ACLU news release.

Some of the problems cited in the lawsuit could be addressed by repairs, Rule said, but inmates would have to be moved out of those spaces during repairs and there is no place to put them.

Sheriff Smith and local judges have worked together to ease crowding through various measures, including finding options other than incarceration for many misdemeanor offenders. Those efforts are "tremendous," Rule said, but they aren't enough.

"There's only one real solution to our problem: to build a jail we won't be sued over," Rule said.

Kristin Rodine: 377-6447