Having too many inmates and not enough space is a chronic problem for county jails in Arkansas. The American Civil Liberties Union says the problem has gone on long enough. They say it`s not about space, it`s about constitutional rights. Monday, the ACLU filed a federal class action lawsuit against Faulkner County. The suit claims because the overcrowding and understaffing is dangerous, it is cruel and unusual punishment and violates their rights to due process. Bobby and Nancy McNew make it to the Faulkner County Detention Center once a week to visit their son. "He`s having to sleep on the floor by the commode on a little old mattress," said Bobby McNew. Even though he`s in jail, they`re worried his conditions are unsafe. "His cell-mate, somebody jumped on him and beat him up real bad, thought he was gonna kill him," said Nancy McNew. They`re hoping the lawsuit filed by the American Civil Liberties Union will make matters better. "Dangerous conditions, for inmates, likely spread of disease, fighting among inmates," are all problems caused by the overcrowding, said Rita Sklar, ACLU Arkansas. Currently, the Faulkner County Jail is holding 207 inmates, 69 of them sate prisoners. It 1992, it was built for 140. "Any beyond that they have a mattress, yes, they`re on the floor," said Lt. Jack Pike, Faulkner Co. Sheriff`s Department. Jail administrators say they try to keep the population below 200, but the ACLU says that`s no enough. "They`re going to have to transfer inmates to other jails, not every jail in Arkansas is overcrowded," said Griffin Stockley, the ACLU staff attorney. Faulkner County has seven inmates housed in other counties, but most other jails in the state have the same problem. "We will take it on jail by jail if we have to. We have a file cabinet full of complaints from jail and prison inmates," Sklar said. Meanwhile, county officials say they`re working on a more long-term solution to the problem. Next week, they`ll break ground on a new 287-bed detention center. But the old one won`t close, so they`ll have over 400 beds altogether. It should be complete within a year. Many other county jails also struggle with overcrowding, forcing jailers to turn away misdemeanor offenders. The Pulaski County Jail is built to house 1,125 inmates. This afternoon, it was full and not taking any offenders. The White County jails` built for 91 inmates, but this afternoon, it held about 120. Construction is expected to begin soon, on new detention center that will hold about 300 inmates. The Lonoke County Jail is just under capacity. The jail`s built for 58 inmates, on Monday, there were 56. Another 30 are held at other county jails. Saline COunty jailers say it`s not unusual to turn certain offenders away, but Monday they were under the limit by five. Last week, voters approved a plan to pay an extra 3/8 % sales tax to build a new jail, construction will start ina couple of months.