New Mexico Man Gets $15.5 Million for His Two-Year Ordeal in Solitary

slevinWhen Stephen Slevin was released after 22 months of solitary confinement in a New Mexico county jail, he looked like someone emerging from a medieval dungeon: filthy and emaciated, with long hair and beard, sunken features, and haunted eyes. Slevin had never been convicted of a crime, never even had a hearing. But in 2005, he was thrown in solitary and effectively forgotten.

Even in a nation where prisoner abuse is an everyday occurrence and prisoner lawsuits are routinely suppressed, Slevin’s ordeal was enough to earn him his day in court. And even in a nation where long-term solitary confinement in itself is not considered a violation of civil rights, Slevin successfully sued the county that had incarcerated him–and recently, settled for $15.5 million.

As MSN News reports:

Slevin was arrested in August 2005 on charges of DWI and receiving a stolen vehicle, though he maintained the car was given to him by a friend. At the time of his arrest, Slevin was battling depression and was attempting to leave Las Cruces, N.M.

In jail, officers believed he was suicidal, so they threw him in a padded cell for three days, [Slevin's attorney Matthew] Coyte told NBC News. Slevin received a medical examination during that period, but for the rest of his 22 months in jail — much of which he spent in solitary confinement, in a cell without natural light — he was not allowed to see a doctor, even after telling a prison nurse in letters that his depression was worsening and he needed treatment for other health issues.

According to Coyte, Slevin was forced to remove his own tooth because prison officials would not allow him to see a dentist. He also developed skin fungus and bed sores because he was deprived of showers, according to court documents. His toe nails grew so long that they curled around his foot.

Slevin spent two weeks in a mental health facility in 2007 for psychiatric review, court documents said. His health improved there, but he was sent back to solitary confinement until his release.

Charges were finally dropped against Slevin when he was deemed unfit to participate in his own defense. Coyte says his client was let go only because his sister had started calling county officials and legislators asking about his condition.

According to MSN News, from the time of his arrest, Slevin wrote more than a dozen letters to the jail nurse:

“I have not slept in days,” says one letter from Sept. 4, 2005, a couple weeks into solitary confinement. “I’m in a deep depression.” The letter also mentions his lack of appetite. . .

Two months later, KOB.com reported, Slevin wrote a letter again pleading for help, saying, “My dreams have been both weird and bizarre.” By the end of November 2005, he wrote, “I’m afraid to close my eyes.”

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City to Sharply Increase Solitary Confinement on Rikers Island

Over the past year, the New York City Department of Corrections (NYCDOC) has quietly implemented a massive expansion in the number of solitary confinement units on Rikers Island. By the end of 2011, the number of “punitive segregation” cells at Rikers will have grown by 45 percent, from 681 to a total of 990 cells. Some of these cells, in which prisoners are isolated for up to 23 hours a day, hold juveniles, inmates with mental illness, and pre-trial detainees not yet convicted of any crime. Once the expansion is complete, New York City’s island jail will have one of the highest rates of solitary confinement in the country.

In increasing its use of solitary confinement at this time, NYDOC is bucking a national trend. A growing body of academic research suggests that solitary confinement can cause severe psychological damage, and may in fact increase both violent behavior and suicide rates among prisoners. In recent years, criminal justice reformers and human rights and civil liberties advocates have increasingly questioned the widespread and routine use of solitary confinement in America’s prisons and jails, and states from Maine to Mississippi have taken steps to reduce the number of inmates they hold in isolation.

In New York City, in contrast, the Department of Corrections is doing everything possible to expand its use of solitary confinement. “Every bed that can be converted is being converted” to punitive segregation, NYDOC Commissioner Dora Schriro said at a November 17 meeting of the City Council’s Criminal Justice Committee. Schriro was grilled about a spike in violence on Rikers, both at the meeting and in recent run-ins with the Rikers guards’ union. The Correction Officers’ Benevolent Association attributes an increase in inmate attacks on the large backlog of prisoners waiting to serve their time in “the Bing,” as the punitive segregation units are commonly called. Schriro promised that punitive segregation at Rikers is increasing dramatically, although it costs the NYDOC “thousands of dollars to convert jail cells into solitary sections,” according to the Daily News, and “The so-called ‘bing’ cells also require extra staffing because guards must escort these inmates everywhere.”

Sentences in the Bing range from days to months, and multiple sentences can add up to a year or more. During this time, inmates leave their cells only for short periods of segregated exercise and in order to bathe, attend religious services, or receive visits. “Punitive segregation is one of several management strategies for preventing and reducing violence in the jails,” Sharman Stein, Deputy Commissioner for Public Information at the NYDOC, said in an email to Solitary Watch. She added that the NYDOC also utilizes a reward system “to incentivize pro-social behavior.”

Nevertheless, inmates can end up doing time in the Bing not only for violent offenses, but for nonviolent infractions ranging from insolence toward guards to testing positive for drugs to possessing contraband of any kind. (In a recent high-profile case, rapper Lil Wayne received a month of punitive segregation for having a smuggled iPod in his cell.) Schriro said that the backlog of inmates awaiting Bing time is made up of nonviolent offenders only.

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