Suicide in Solitary: A Mother Remembers Her Son

RHU Cell

A cell in one of Pennsylvania’s Restricted Housing Units

Yesterday we published a guest post by the Human Rights Coalition (HRC) about the U.S. Department of Justice’s scathing report on the Pennsylvania prison SCI Cresson. According to the DOJ, “Cresson routinely locks prisoners with serious mental illness in their cells for roughly 23 hours per day for months, even years, at a time. At Cresson, the prolonged isolation is all the harder for many prisoners with serious mental illness to endure because it involves harsh and punitive living conditions and, often, unnecessary staff- on-prisoner uses of force.”

Unsurprisingly, “Cresson’s practice of subjecting prisoners with serious mental illness to prolonged periods of isolation under [these] conditions…has resulted in harm, including trauma, bouts of hysteria and extreme paranoia, severe depression, psychosis, serious self-injury and mutilation, and suicide.”

One of the suicides was that of Brandon Palakovic, who hanged himself in his solitary confinement cell at SCI Cresson in July 2012. He was 23 years old, had a long history of mental illness, and was serving a short sentence for a burglary in which no one was hurt. According to the Human Rights Coalition, “After his death, an employee of SCI  Cresson’s medical staff told the Palakovic family that four days prior  to his death Brandon had refused to take his medication. He was issued a  misconduct report for refusal to obey a direct order as a consequence  and sent to solitary confinement in the Restricted Housing Unit (RHU) as punishment.”

After reading the DOJ report, Brandon Palakovic’s mother, Renee Palakovic, wrote the following statement, which was published by HRC:

My son was more than just a prisoner confined to a cell in a state correctional institution. I have spent nearly a year reminding myself of this fact, remembering the good times and trying to heal my broken heart. While time does not heal the wound, it does help me to learn to live with and deal with the pain that is always lingering right at the surface, ready to bring me to my knees at any moment.

So, on Friday, May 31st [2013], when I read the news articles and eventually the Justice Department report later in the weekend, the pain that I have been fighting to control and manage every minute of every day came flooding back in a real and powerful way that I was not prepared for.

Brandon was not an angel by any stretch of the imagination, but he was a human being with feelings and needs. He had ongoing mental health issues for most of his life and there were plenty of records to support that. So when he entered Cresson SCI, he was quickly seen by the psychiatrist(s) and placed on medication to “regulate” his behaviors. But for some reason, because he was in a prison, the need to have follow-up sessions, discuss side effects and work to determine proper dosing was left to fall by the wayside. Why? What psychiatrist does this to a patient? He was ignored. Placed in solitary for extended periods of time and treated like an animal. Taunted by guards who found amusement in toying with his mind and his emotions and given the opportunity to harm himself.

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GAO Report Questions Widespread Use of Solitary Confinement in Federal Prisons

adx-florence-4The U.S. Bureau of Prisons currently holds more than 12,400 individuals in 23-hour-a-day lockdown, making it the largest practitioner of solitary and other forms of isolated confinement in the nation, and most likely the world. Yet the BOP does not know whether its use of “segregated housing” has any impact on prison safety, how it affects the prisoners who endure it, or how much it all costs American taxpayers. This according to a comprehensive report released yesterday by the Government Accountability Office.

The GAO documents a dramatic rise in the use of isolated confinement, continuing over the past five years. Yet “BOP has not assessed the impact of segregated housing on institutional safety or the impacts of long-term segregation on inmates.” The report also questions recent steps taken by the BOP, ostensibly to address its use of isolated confinement. ”In January 2013,” the report summary states, “BOP authorized a study of segregated housing; however, it is unclear to what extent the study will assess the extent to which segregated housing units contribute to institutional safety.” The report summary continues: ”As of January 2013, BOP is considering conducting mental health case reviews for inmates held in SHUs or ADX for more than 12 continuous months. However, without an assessment of the impact of segregation on institutional safety or study of the long-term impact of segregated housing on inmates, BOP cannot determine the extent to which segregated housing achieves its stated purpose to protect inmates, staff and the general public.”

According to the cover letter released with the report, the study of the BOP’s use of segregated housing was done at the request of three members of Congress: Senator Dick Durbin (D-IL), who last year convened a Judiciary Subcommittee hearing on solitary confinement in which he sharply questioned BOP director Charles Samuels; Elijah Cummings (D-MD), ranking member on the House Committee on Oversight and Government Reform; and Bobby Scott (D-VA), ranking member on the House Judiciary Subcommittee on Crime, Terrorism, Homeland Security, and Investigations. The letter states:

There is little publicly available information on BOP’s use of segregated housing units. Given the potential high costs, lack of research on their effectiveness, and possible long-term detrimental effects on inmates, you requested that we review BOP’s segregated housing unit practices, including BOP’s standards, reasons for segregating inmates, and costs.

The report is indeed a mine of information on a subject that has been largely hidden from the public by the BOP, which bars press visits to its solitary confinement facilities and which collects, aggregates, and publishes little data on its use of prison isolation.

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Seven Days in Solitary [5/19/13]

solitaryThe following roundup features noteworthy news, reports and opinions on solitary confinement from the past week that have not been covered in other Solitary Watch posts.

•  Coverage of Guantanamo was heavy again throughout the past week as the hunger strike reached its 100th day. An estimated 102 of the 166 detainee are refusing food, and some 30 are being subjected to force-feeding in violation of international human rights standards.

•  New York City Council Member Daniel Dromm continues his crusade to “end torture in New York” with an op-ed in the Queens Times-Ledger.

•  A (somewhat overly sanguine) CBS News piece reported on the federal government’s internal plan to review its use of solitary confinement, and noted reductions that have taken place thus far in a handful of states.

•  Mashable reports that hacker Andrew “Weev” Auernheimer has been placed in solitary confinement in his minimum security federal prison to prevent him tweeting and posting phone calls to his soundcloud.

• As a guest column in the Orlando Sun-Sentinal notes, the Youth in Solitary Confinement Reduction Act failed to make progress in the current legislative session. It’s sponsor has vowed to reintroduce it in the next session, as awareness of children held in solitary grows in Florida and around the country.

•  An op-ed and letter to the editor in the Albany Times-Union argue that solitary confinement as practiced in New York is both brutal and futile. The pieces respond to an article in the Times Union on the effects of solitary, and a subsequent op-ed by the local corrections officers’ union supporting the practice.

• The New York Times reports that after years of litigation and negotiation, a federal judge has “approved a settlement meant to guarantee alternatives to segregation for mentally ill inmates in Massachusetts prisons.”

New on Solitary Watch: Multimedia Resources

supermaxThanks to our amazing Social Media Manager, Lisa Dawson, Solitary Watch now features a large and growing archive of multimedia resources on solitary confinement, including audio, video, and infographics. Art and photography are coming soon!

Send suggestions for additons to the multimedia pages to solitarywatchnews@gmail.com.

The Art of Activism: Closing Tamms Supermax

tamms mudA new article from Creative Time Reports highlights the role played by politically engaged art in the campaign to shut down Tamms supermax prison in southern Illinois. Tamms closed its doors for good in January, but only after a protracted battle in which family members of the incarcerated, grassroots activists, and artists–joined to form the group Tamms Year Ten. Their goal was to “End Torture in Illinois”–the message of the mud stencils that members painted on walls and sidewalks across Chicago.

Creative Time showcases one of the campaign’s most resonant projects, “Photo Requests from Solitary.” As Laurie Jo Reynolds and Stephen F. Eisenman of Tamms Year Ten describe it:

“Photo Requests from Solitary” was one of many projects launched by Tamms Year Ten to build publicity for the campaign. The men in Tamms were invited to request a photograph of anything in the world, real or imagined. The resulting requests were touching and often surprising. They included: the sacred mosque in Mecca, comic book heroes locked in epic battle, Egyptian artifacts, Tamms Year Ten volunteers and a brown and white horse rearing in weather cold enough to see his breath. Willie Sterling III asked for a photograph of a vigil at Bald Knob Cross on top of a hill in southern Illinois to pray for his deliverance from Tamms and to be granted parole…

Photo by Rachel Herman, May 6, 2011.

Photo by Rachel Herman, May 6, 2011.

Photographers from across the country offered to fill photo requests for men in isolation. Chicago animator Lisa Barcy, Dutch photographer Harry Bos and Baltimore filmmaker Stephanie Barber each orchestrated a version of one prisoner’s detailed request for a lovesick clown: “A lovesick clown: holding a old fashioned feathered pen: as if writing a letter: from the waist up: in black and white. As close up as possible: as much detail as possible: & the face about 4 inches big.”

From left to right: photos by Lisa Barcy, Harry Bos and Stephanie Barber, 2012.

From left to right: photos by Lisa Barcy, Harry Bos and Stephanie Barber, 2012.

 

Read the rest of the story of Tamms Year Ten’s campaign here. And for more photos, see the companion piece on the Daily Beast.

The Ten Worst Prisons in America

10 worst“The Ten Worst Prisons in America,” our eleven-part article, premiered yesterday over at MotherJones.com with the notorious ADX Florence federal supermax. A new worst prison will be published each weekday (with some dishonorable mentions at the end), so please check in from time to time for new postings. What follows is the introduction to the series.

“If you can’t do the time, don’t do the crime.” So goes the old saying. Yet conditions in some American facilities are so obscene that they amount to a form of extrajudicial punishment.

Doing time is not supposed to include being raped by fellow prisoners or staff, beaten by guards for the slightest provocation, driven mad by long-term solitary confinement, or killed off by medical neglect. These, however, are the fates of thousands of prisoners every year—men, women, and children housed in lockups that give Gitmo and Abu Ghraib a run for their money.

The United States boasts the world’s highest incarceration rate, with close to 2.3 million people locked away in some 1,800 prisons and 3,000 jails. Most are nasty places by design, aimed at punishment and exclusion rather than rehabilitation; while reliable numbers are hard to come by, at last count 81,622 prisoners were being held in some form of isolation in state and federal prisons.

Thousands more are being held in solitary at jails, deportation facilities, and juvenile-detention centers. Nearly 1 in 10 prisoners is sexually victimized, by prison employees about half of the time—more than 200,000 such assaults take place in American penal facilities every year (PDF), according to estimates compiled under the federal Prison Rape Elimination Act. Suicides, meanwhile, account for almost a third of prisoner deaths, per the Bureau of Justice Statistics, while an unknown number of fatalities result from substandard nutrition and medical care.

While there’s plenty of blame to go around, and while not all of the facilities described in this series have all of these problems, some stand out as particularly bad actors. We’ve compiled this subjective list of America’s 10 worst lockups (plus a handful of dishonorable mentions) based on three years of research, correspondence with prisoners, and interviews with reform advocates concerning the penal facilities with the grimmest claims to infamy. We will be rolling out profiles of the contenders over the next 10 days, complete with photos and video.

Read the rest at MotherJones.com.

Judge Refuses to Dismiss Federal Supermax Lawsuits

adxAndrew Cohen continues his coverage for the Atlantic of two potentially groundbreaking lawsuits directed at the treatment of those incarcerated in the notorious ADX Florence, where about 400 men live in extreme isolation and sensory deprivation for years or decades. Today he reports on a federal judge’s decision to allow the lawsuits to proceed, rejecting the federal governments efforts to have them dismissed.

In a rebuke to the Obama Administration, a noted federal judge in Denver Tuesday refused to dismiss two pending civil rights lawsuits filed last year against Bureau of Prisons’ officials accused of the widespread abuse and neglect of mentally ill federal inmates at the sprawling ADX-Florence prison facility in Colorado. If the allegations of the detailed complaint are true, said U.S. District Judge Richard Matsch, “you don’t need to be a psychiatrist to know something is wrong” inside Supermax, America’s most famous prison.

The judge’s order keeps alive for now Vega v. Davis, a wrongful death action brought in May 2012 by the family of Jose Martin Vega, an inmate in Colorado who hanged himself in his cell in 2010 following what plaintiffs’ lawyers say was an extend period of mental illness left untreated by prison staff. Judge Matsch also permitted to proceed further toward trial a case styled Cunningham v. Bureau of Prisons, a broader civil rights challenge alleging longtime patterns of abuse and neglect of the mentally ill at America’s most famous federal prison.

The essence of both cases is that federal prison officials at ADX-Florence are violating the rights of mentally ill inmates to be free from “cruel and unusual punishment” under the Eighth Amendment. The inmates allege that they have been tortured and abused by their jailors and deprived of basic medical and mental health needs by prison doctors. Many of the inmates have taken to self-mutilation in their cells, while mental health counseling remains sporadic and ineffective. ”Why shouldn’t we be addressing that?” Judge Matsch asked early in the hearing.

Read the rest here on the Atlantic’s website

The lawsuits’ detailed revelations of abuse and suffering–often rising to the level of torture–at ADX Florence are especially disturbing in light of the federal government’s recent decision to open a second supermax prison, to be called “ADX USP Thomson,” at a recently purchased property in Illinois.

Obama’s 2014 Budget Confirms Plans for “ADX Thomson,” New Federal Supermax Prison

Thomson-CC-1The Obama Administration’s 2014 budget request for the Department of Justice, released this week, confirms that the federal government will open a second ultra-secure supermax prison within the next two years. The new prison will be an “Administrative Maximum U.S. Penitentiary.” Administrative Maximum is a security classification currently held only by the notorious ADX Florence in Colorado, where some 400 individuals are held in isolation and sensory deprivation so extreme that it has been challenged in a series of lawsuits and widely denounced as torture.

The new supermax will be created by renovating Thomson Correctional Center, an unused maximum security prison in Illinois, which was purchased by the federal government last year. Originally, the Obama Administration envisioned Thomson as a future home for Guantanamo detainees–a move that was blocked by Republicans in Congress. Instead, while Guantanamo remains open, the Bureau of Prisons is moving ahead with plans to open hundreds, and perhaps thousands of new isolation cells at Thomson to “reduce crowding in high security facilities.”

The following summary appears in a Budget Fact Sheet on “Prisons and Detention,” released along with the federal budget numbers last week:

The FY 2014 Budget requests a total of $8.5 billion for federal prisons and detention, a 3.5 percent increase over the FY 2012 appropriated level. Of this amount, $6.9 billion is requested for the Bureau of Prisons (BOP), which is a 4 percent increase ($195.1 million) over FY 2012…

For BOP, the current services level includes resources to fully activate two prisons: Federal Corrections Institution (FCI) Aliceville, AL, and FCI Berlin, NH. These prisons received partial activation funding in FY 2012, and full activation will increase federal prison capacity and alleviate overcrowding and related security issues.

Program increases totaling $236.2 million provide for the activations of newly constructed prisons and for new contract beds, allowing BOP to keep pace with the increased number of inmates. Specifically, increases for BOP include $53.4 million to begin activating two prisons: FCI Hazelton, WV (1,280 beds), and U.S. Penitentiary Yazoo City, MS (1,216 beds), for which construction will be completed in FY 2013. There is $15 million to renovate the Thomson Correctional Center and $43.7 million to begin activating the facility as an Administrative-Maximum U.S. Penitentiary in FY 2014. [Emphasis added.] The request also includes $26.2 million to procure 1,000 new contract beds. These resources are essential for ensuring the secure detention of a growing inmate population.

A subsequent section of the Budget Fact Sheet, detailing “Program Increases,” states that Thomson will have 2,100 beds, employ 749 corrections officers, and cost $58.7 million to renovate and operate.

ADX USP Thomson, IL: $58.7 million and 1,158 positions (749 correctional officers)

$15 million to renovate the Thomson Correctional Center for high security federal prison use. $43.7 million to begin activating ADX USP Thomson (2,100 beds) as an administrative-maximum high security facility. ADX USP Thomson is expected to reduce crowding in high security facilities from 59 percent by 43 percent by the end of FY 2015…

Solitary Watch has requested additional information from the Bureau of Prisons to determine precisely what conditions of confinement will be for the 2,100 prisoners held at Thomson. When we asked about Thomson for an article published back in February, BOP spokesperson Chris Burke said in an email that “Thomson will be a high security prison holding inmates with various security needs, including SMU and ADX type inmates.” Federal SMUs, or Special Management Units, such as those found in Lewisburg Penitentiary in Pennsylvania, hold their prisoners in 23-hour-a-day lockdown in two-person cells. At ADX, prisoners are in 23- to 24-hour solitary confinement. Both are forms of long-term isolated confinement, and both have been denounced by human rights and prisoners rights groups as an inhumane and ineffective form of punishment often amounting to torture.

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Thirty Days in Solitary

solitarySolitary confinement is in the news on a daily basis nowadays, though just a few years ago it was a rarity to find any mention of it outside of Solitary Watch. What follows is a roundup of noteworthy stories that came out in the past month but didn’t make it into our posts. We will be running these roundups once a week from now on.

• PRI radio reports that at Guantanamo, the “Hunger Strike Grows As Despair Sets In“–and interviews one of the few reporters who have been inside Gitmo since the strike began.

• Al Jazeera presents a documentary and roundtable discussion on “The Ethics of Solitary Confinement.”

• From Citizen Radio’s Marc Kilstein, a powerful hour-long radio documentary on the history and practice of solitary confinement.

• A bill introduced in Massachusetts aims to limit time in solitary confinement in the state’s prisons and jails. So does a similar bill in Nevada.

• Ted Koppel, on NBC’s Rock Center, reports on the “Criminal justice system’s ‘dark secret’: Teenagers in solitary confinement.”

• The Toronto Globe and Mail reports that solitary confinement is on the rise in Canadian prisons.

• The Atlantic‘s Andrew Cohen writes, “Enough Is Enough—Time for the Feds to Investigate Prison Abuse“–especially prisoners with mental illness held in solitary confinement in federal prisons.

• Individuals with mental illness are held in solitary confinement in strip cells at a Virginia jail.

• Chris Hedges writes about solitary confinement (and about the inspiring Bonnie Kerness and Ojore Lutalo) in “The Shame of America’s Gulags.”

• Despite opposition, Arizona plans to build 500 more supermax prison beds.

• New York Advocacy groups, survivors of solitary, and families of the incarcerated unite to form the Campaign for Alternatives to Isolated Confinement in New York’s prisons and jails.

• The sister of a man imprisoned at Pelican Bay writes of her brother’s 23 years in solitary confinement, calling it “beyond cruel and unusual.”

• The ACLU and other advocacy groups testify on solitary confinement before the Inter-American Commission on Human Rights.

• Courthouse News Service reports that a “scathing study” on solitary confinement in Illinois was buried amid local politics.

• A Maryland family says that their son, who suffers from autism and mental illness, has been held in solitary confinement for four years, and denied visits and phone calls for two.

• More than 100 men imprisoned at Guantanamo Bay launch a hunger strike to protest conditions at the camp and the hopelessness of their situation.

• The ACLU releases a comprehensive–and inspiring–report on solitary confinement reform in the state of Maine.

• The New York Civil Liberties Union files a civil rights lawsuit on behalf of people in solitary in New York State prisons became a class action suit.

• “Solitary Confinement: Punishment Or Cruelty?“, a segment on NPR, traces the history and current controversies. (Can’t it be both?)

• Advocates from the New York City Jails Action Committee protest recent increases in solitary confinement and brutality on Rikers Island.

• Representatives of the men in Pelican Bay’s Security Housing Units send an Open Letter to the California State Legislature.

• “Death at Dawson: Why Is Texas’ Worst State Jail Still Open?“, from the Texas Observer, tells the story of a woman who gave birth prematurely in a holding cell, and was sent to solitary on a “suicide watch” when her infant died.

The Solitary Connection: Was Clements Suspect Affected by Years in Prison Isolation?

Colorado State Penitentiary. Photo: National Geographic

Colorado State Penitentiary. Photo: National Geographic

Solitary confinement may be at the heart of a tragic irony in the death of Tom Clements. The reform-minded Colorado prisons chief had expressed concern about the dangerous damage caused by prolonged prison isolation, and the risks of releasing prisoners directly from solitary onto the streets. Now, emerging evidence suggests that the main suspect in Clements’ murder, who was released from solitary confinement just two months earlier, may have suffered from precisely that kind of damage.

Evan Spencer Ebel was killed in a shootout with Texas police last Thursday, two days after Clements was shot to death on the doorstep of his Colorado Springs home. Prior to his release from prison on January 28, Ebel had served eight years for several armed robberies. Most of that time was spent in extreme isolation, locked down 23 hours a day in a small cell.

Ebel’s prison records, obtained by the Associated Press, show that he was placed in solitary because of ”28 different violations he racked up during his time behind bars.” According to the AP, “He was disciplined for smearing feces on his cell wall, punching a fellow inmate and punching a guard in 2006. Prison documents say Ebel also threatened to kill that guard and their family. That attack earned him another felony conviction.”

As early as a year ago, Evan Ebel’s father, Jack Ebel, testified before a committee of the Colorado State Legislature that after years in solitary, his son had trouble communicating during visits. ”Even though he’s well-read and he’s a good conversationalist and gentle  — he started out that way, what I’ve seen over six years is he has become increasingly … he has a high level of paranoia and [is] extremely anxious. So when he gets out to visit me, and he gets out of his cell to talk to me, I mean he is so agitated that it will take an hour to an hour-and-half before we can actually talk,” Jack Ebel told legislators. He was speaking in favor of a bill that would have more closely monitored the mental health of individuals in solitary, and required that they spend some time in the general population before their release from prison.  (The bill was voted down.)

The idea that Ebel’s alleged violent acts were triggered in part by his years of solitary confinement (and perhaps not, as earlier suspected, by his association with a white power prison gang) was bolstered earlier this week by evidence obtained by reporter Susan Greene. In an article in the Colorado Independent, Greene writes:

In the weeks before his death, Evan Ebel, suspected killer of Colorado Department of Corrections Director Tom Clements, had broken ties with white supremacist prison gang 211 Crew and was debilitated by the transition from prolonged isolation to social contact, according to a friend and former fellow inmate.

In a series of interviews conducted with The Colorado Independent, parolee Ryan Pettigrew dismissed widespread media speculation that Ebel shot Clements as part of an orchestrated 211 Crew “gang hit.” He said that, over the course of the last few weeks, Ebel was growing increasingly agitated in his adjustment to life outside of prison and beyond the tiny “administrative segregation” cells in which he spent years deprived of regular human contact. “Trust me, this was no gang hit. This was about what was haunting Evan Ebel,” Pettigrew says. “Clements’ name never came up.”

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