Federal Lawsuit Challenges Brutality in Solitary Confinement Unit at North Carolina Prison

May 18, 2013 By 1 Comment

Central_Prison315_280

Lawyers at North Carolina Prisoner Legal Services have filed a federal lawsuit on behalf of eight people held in solitary confinement at Central Prison against officers and administrators at the facility. As reported by the Associated Press:

A federal lawsuit on behalf of eight inmates at North Carolina’s Central Prison alleges correctional officers used “blind spots” out of view of security cameras to beat handcuffed and shackled inmates.

An amended complaint filed last week in U.S. District Court by lawyers at North Carolina Prisoner Legal Services says the beatings occurred in Unit One, a cell block known as “The Hole” where inmates are kept in solitary confinement for disciplinary reasons.

The inmates’ abuse claims are supported by medical records documenting blunt-force injuries that occurred while they were segregated from other prisoners, including broken bones, concussions and an inmate who is still unable to walk months after his hip was shattered.

N.C. Department of Public Safety spokeswoman Pam Walker said the agency would not comment on pending litigation.

The lawsuit names as defendants 21 correctional officers accused of participating in the abuse, as well as two wardens at the maximum security prison in Raleigh. The lawsuit alleges that former prison administrator Gerald J. Branker and current administrator Kenneth Lassister knew about the problems.

The suit seeks to eliminate this problem going forward, calling for the Court to order installation of surveillance cameras throughout the hallways of Unit One, stating “Given the history at Central Prison’s Unit One, these measures would benefit prison officials, prisoners, and the taxpaying public, and are required by the Eighth Amendment of the United States Constitution.”

The article goes on to describe several instances of guard brutality:

One violent beating was Dec. 3, 2012, and left inmate Jerome Peters in a wheelchair, according to the lawsuit.

[Jerome] Peters, 48, was handcuffed and escorted by two correctional officers from his cell to an outdoor recreation area when the lawsuit said one of the guards punched him in the face while the other grabbed a leg and pulled him the ground. The lawsuit said a third correctional officer then helped the other two kick, stomp and punch Peters.

When they were finished, the lawsuit said the officers put shackles on Peters’ ankles and ordered him to walk. He couldn’t, the suit said, because his pelvic bone was broken…

Peters was taken to an emergency room and diagnosed with a broken right hip, and fractured bones in his hand and face. He also had blurred vision and numerous cuts and bruises, according to the lawsuit. He underwent surgery, but more than five months later is still unable to walk.

[Read more...]

Filed Under: civil liberties/civil rights, Eighth Amendment, human rights, lawsuits/litigation, physical effects, solitary confinement, torture Tagged With: , , , , ,

Seven Days in Solitary [5/12/13]

May 12, 2013 By Leave a Comment

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.

•  Media coverage on the urgency of closing Guantanamo was heavy throughout the past week, with an estimated 100  of the 166 detainees hunger striking. Most recently, Al Jazeera publishes a Guantanamo prison military document exposing the brutality of the force-feeding. According to the story, detainees “undergo a brutal and dehumanising medical procedure that requires them to wear masks over their mouths while they sit shackled in a restraint chair for as long as two hours…”

•  The New York Times reports that New York City is planning to change the way it disciplines incarcerated people with mental illness, creating alternatives to the use of solitary confinement. “[T]he city Correction Department will transfer severely mentally ill inmates to an internal clinic where psychiatrists will administer treatment and medicine, and the less seriously mentally ill will go to counseling programs designed to help them change their future behavior.”

•  The Los Angeles Times publishes an editorial on the harm inflicted on kids who are subjected to isolation, stating “[s]olitary confinement is ultimately a mental health issue for anyone who goes through it, and the practice, if it is to continue, should at the very least be documented for public review and monitored by mental health professionals.”

•  The Seattle Times reports on a new program at Washington State Penitentiary seeking to to ease violence in some of the most dangerous units inside the prison, minimizing the liklihood of reoffending. “Rival gang members — Norteños and Sureños, Bloods and Crips, white supremacists — all brought together to discuss ways to stay out of trouble, both in prison and when they get out.”

•  Angola 3 News reports on a federal lawsuit filed by Russell Maroon Shoatz’s lawyers protesting his 22 consecutive years in solitary confinement. The story also features a recent interview with activist Bret Grote and Shoatz’ lawyer, Dan Kovalik, taking a closer look at the lawsuit and confronting human rights abuses in U.S. prisons.

•  Momentum builds to end the solitary confinement of youth, with The Nation calling for support in urging U.S. Attorney General Eric Holder to ban the use of solitary confinement on youth. The post links to an open letter “in support of a call by the National Religious Campaign Against Torture and the ACLU imploring [Holder] to ban the practice of holding young people in federal custody in solitary confinement.”

•  The Republic reports on a federal lawsuit alleging that correctional officers at North Carolina’s Central Prison brutally beat prisoners held at the facility, using “blind spots” to avoid being seen by security cameras. “An amended complaint filed last week in U.S. District Court by lawyers at North Carolina Prisoner Legal Services says the beatings occurred in Unit One, a cell block known as “The Hole” where inmates are kept in solitary confinement for disciplinary reasons.”

•  NDTV reports on the solitary confinement of Boston marathon bombing suspect Dzhokhar Tsarnaev at a high-security housing unit at a federal medical detention center in Massachusetts. “The only time Tsarnaev gets out of his tiny cell, that contains a sink, toilet, shower and a bed bolted to the floor, is for an hour of recreation every day.”

•  The Colorado Independent reports that Colorado’s El Pueblo Boys and Girls Ranch held Kiondre Davison, a 14-year old with an array of developmental disabilities, in solitary confinement for 25 days. “Of particular concern is imposing isolation on developmentally delayed kids. Kiondre is typical of such cases. He struggled to understand what was happening to him and so only loosely tied his actions at El Pueblo to the consequences they brought.”

•  Alan Prendergast reports that the legal team of Troy Anderson, who is currently incarcerated at Colorado’s supermax prison, has filed court papers contending that Department of Corrections officials have failed to comply with a previous ruling by a federal judge that Anderson is entitled to three hours a week of outdoor activity. Anderson’s attorneys assert that “their client is worse off than before, with less effective mental health treatment, following a transfer from the supermax to solitary confinement at the Sterling Correctional Facility.”

•  In an op-ed published on Times Union, Donn Rowe, President of New York State Correctional Officers & Police Benevolent Association, responds to a recent story on the harm inflicted on mentally ill people who are subjected to solitary confinement.   According to Rowe, “Special Housing Units are for inmates who are a danger to others and themselves.”

•  SFGate reports that Colorado has banned a youth treatment center in El Pueblo from placing teens in solitary confinement. The state found three violations of Colorado regulations in its investigation, which followed complaints by the ACLU that the program was violating the constitutional rights of youth.

•  Black Agenda Report reports that people held in isolation at California’s Pelican Bay may once again go on hunger strike, stating that “more than 200 inmates at the [facility] have been in solitary confinement for between five and ten years and nearly 100 have been shut off from most human contact for 20 years or more.” The story also calls for outside support, emphasizing the importance of having support networks in place beforehand.

•  New York City Councilmember Daniel Dromm denounces solitary confinement as “cruel and unusual” in a recent editorial, stating “[a]s a matter of fundamental human rights, how the DOC uses solitary confinement must radically change.”

•  The Boston Globe reports that the use of segregation units has come under increased scrutiny in Massachusetts, where approximately 500 of the state’s 11,000 prisoners are held in isolation on any given day. According to the story, “Prisoner-rights advocates, legislators, and even corrections commissioners in other states are increasingly denouncing the use of solitary confinement, while others defend the practice as an essential part of prison management.”

Filed Under: civil liberties/civil rights, human rights, lawsuits/litigation, mental illness, psychological effects, solitary confinement, supermax prisons, torture Tagged With: , , , , , , , , , , , , , , , , , , , , ,

Seven Days in Solitary [5/4/13]

May 4, 2013 By Leave a Comment

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.

•  Media coverage on the urgency of closing Guantanamo was particularly heavy this week, with numerous organizations and groups calling on President Obama to take immediate action. Most recently, The Economist described the prison as “a deeply un-American disgrace” in a story entitled “Guantanamo: Enough to make you gag,” an obvious reference to the unethical force-feeding of hunger strikers by authorities at the prison. The story outlines the U.S. government’s failure to take action to close the prison camp, concluding ”Mr. Obama should think about America’s founding principles, take out his pen and end this stain on its history.”

•  The Los Angeles Times reports that California Gov. Jerry Brown “appealed for relief from court orders over prison conditions” within just 24 hours of unveiling his plan to reduce overcrowding in the state’s prisons, which, according to another Times story, “would free some inmates early to ease crowding, but still miss court’s target.”

•  The Los Angeles Times reports that people held in isolation in the Security Housing Unit (SHU) at Pelican Bay State Prison are seeking class-action status in their federal lawsuit “alleging the state’s segregation policies equate to cruel and inhumane treatment.” In the motion filed  in U.S. District Court in Oakland, the plaintiffs assert that they have been subjected to prolonged confinement in ”windowless cells… with little meaningful contact with others, restricted food, limited communication and no access to educational or treatment programs.”

•  The Denver Channel reports that Evan Ebel, who is suspected of killing Colorado’s prison chief, filed two grievances in the final days of his incarceration in which he appealed his being kept in isolation up until his release, writing ”Do you have an obligation to the public to reacclimatize ‘dangerous’ inmates to being around other human beings prior to releasing them into society after they have spent years in solitary confinement & if not, why not?”

•  Slate publishes a three-part series of excerpts from the declassified memoirs of Mohamedou Ould Slahi, who has been held at the military prison at Guantanamo Bay for almost 11 years. The story describes Slahi’s handwritten 466-page manuscript as “a harrowing account of his detention, interrogation, and abuse.”

•  WHYY Public Media discusses the history of solitary confinement and the contemporary controversies surrounding these isolation practices in a Radio Times program. Guests include Sean Kelley (Senior Vice President and Director of Programming and Public Relations at Eastern State Penitentiary), Jules Lobel (University of Pittsburgh Law Professor and President of the Center for Constitutional Rights) and Shirley Moore (Executive Deputy Secretary of the Pennsylvania DOC).

•  Stars and Stripes reports on “life under lockdown”  for Guantanamo detainees, stating that “[w]ith nearly every one of the 166 Guantanamo prisoners now under lockdown — back in solitary existence after years of communal living — the military has reverted to a battle rhythm reminiscent of the Bush administration.”

•  Sharon Herald reports on the federal lawsuit filed by the Disability Rights Network of Pennsylvania and the ACLU charging that the use of solitary confinement on mentally ill people in Pennsylvania prisons qualifies as a violation of Constitutional rights. The lawsuit, which is seeking “changes in the way prisons respond to the mentally ill,” describes the state’s use of solitary confinement on mentally ill people as a “Dickensian nightmare.”

• James Ridgeway was named a finalist for an NCCD Media for a Just Society Award for his article on growing old in prison, “The Other Death Sentence.”

 

Filed Under: civil liberties/civil rights, human rights, lawsuits/litigation, mental illness, solitary confinement, torture Tagged With: , , , , , , , , , , , , , , , , , ,

Russell Maroon Shoatz: Resisting the “Spiritual Death” of Solitary Confinement

April 28, 2013 By 1 Comment
Guest Post by Kanya D’Almeida and Bret Grote

maroonbookcover1“Control unit facilities cannot be allowed to exist,” writes Russell Maroon Shoatz in a piece called “Death by Regulation.” “They serve no purpose other than to dehumanize their occupants. Our collective welfare demands that we do everything within our power to bring about an end to this form of imprisonment and torture.”

Shoatz, a former Black Panther who will turn 70 years old in August, has been held in solitary confinement in Pennsylvania prisons since 1983. His only time in the general prison population in the last 30 years was an 18-month stint spent at the federal penitentiary at Leavenworth that ended in 1991.

Maroon has had only one misconduct since 1989. His most recent violation was in 1999, when he covered a vent in his cell that was blowing cold air in an attempt to stay warm.

From 1995 until the end of last month, Maroon had been held at the State Correctional Institution (SCI) Greene in southwestern Pennsylvania. Without warning Maroon was transferred on Thursday, March 28 to SCI Mahanoy in the eastern part of Pennsylvania.

A growing grassroots national movement had been mobilizing to win his release into the general population. This transfer appeared to be a response by the Pennsylvania Department of Corrections to the gathering legal and political pressure.

On April 8, 2013, Pennsylvania prison officials were given 30 days notice to release Maroon from solitary confinement. If he is not in the general prison population on May 8, his legal team will file a major civil rights lawsuit the following morning.

Represented by Stefanie Lepore and Rick Etter from the international firm Reed Smith, Dan Kovalik of the United Steelworkers, and Dustin McDaniel of the Abolitionist Law Center, Maroon has drawn support from a growing number of civil society groups as well. More than 20 organizations around the country, including the Center for Constitutional Rights, the National Lawyers Guild, and the American Friends Service Committee New England Region have joined the call and mobilized to demand his release from solitary.

On Monday, April 15, the Campaign to Free Russell Maroon Shoatz announced that Maroon and his legal team had been told by prison officials that Secretary John Wetzel personally ordered his transfer to SCI Mahanoy to remove him from solitary. Still, Shoatz remains in solitary confinement, and the campaign cautioned that he has been misled in the past about re-entering the general prison population.

[Read more...]

Filed Under: civil liberties/civil rights, guest posts, lawsuits/litigation, life without parole, Pennsylvania, race, retaliation, solitary confinement Tagged With: , , , ,

Judge Refuses to Dismiss Federal Supermax Lawsuits

April 25, 2013 By 1 Comment

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.

Filed Under: civil liberties/civil rights, Eighth Amendment, federal prisons, human rights, lawsuits/litigation, mental illness, prison health care, psychological effects, solitary confinement, supermax prisons, torture Tagged With: , , , , ,

“Systemic Failures Persist” in California Prison Mental Health Care, Judge Rules

April 8, 2013 By 4 Comments
California Security Housing Unit Cell

California Security Housing Unit Cell

California Governor Jerry Brown’s bid to end federal control over the state prison system’s mental health system was denied in federal court on Friday, April 5, in a sharply worded ruling by U.S. District Judge Lawrence K. Karlton. In the 68-page ruling, Judge Karlton determined that “systemic failures persist in the form of inadequate suicide prevention measures, excessive administrative segregation of the mentally ill, lack of timely access to adequate care, insufficient treatment space and access to beds, and unmet staffing needs.”

The ruling comes following months of campaigning and litigating by Governor Brown and the California Department of Corrections and Rehabilitation (CDCR) to end federal oversight of the California prison system. Friday’s ruling is the latest enforcement of the 1995 case Coleman v. Wilson, a federal class action suit filed against then-California Governor Pete Wilson, which resulted in  federal oversight over CDCR’s mental health and medical treatment that continues under the jurisdiction of Judge Karlton.

An additional federal class action lawsuit, Plata v. Schwarzenegger was merged with the Coleman lawsuit and in 2009, California was ordered to reduce it’s prison population to 137% capacity, as it was determined that Constitutionally acceptable medical and mental health delivery was hindered by the beyond-capacity prison population, which was deemed an 8th Amendment violation. California in turn appealed the order to reduce it’s prison population and in 2011, in Brown v. Plata, the US Supreme Court ordered California to reduce it’s prison population by 30,000 inmates. Governor Brown has an additional appeal of this order before U.S. District Judge Thelton E. Henderson.

Governor Jerry Brown has gone on the record to claim that California  has “one of the finest prison systems in the United States,” and no longer requires federal oversight. In a January 2013 press release, Governor Brown stated: “After decades of judicial intervention in our correctional system and the expenditure of billions of taxpayer dollars, the time has come to restore California’s rightful control of its prison system.” In February, CDCR announced the completion of a new mental health treatment building at the California Medical Facility, and declared that the facility “reinforces CDCR’s ongoing commitment to provide a constitutional level of mental health treatment in California’s prisons.”

Judge Karlton’s ruling, however, strongly rebukes these claims by Brown and CDCR, saying “based on defendants’ conduct to date, the court cannot rely on their averments of good faith as a basis for granting termination. There is overwhelming evidence in the record that much of defendants’ progress to date is due to the pressure of this and other litigation.”

A major factor in Judge Karlton’s ruling was the significant rate of suicides in the California prison system, which has previously been reported to be well above the national prison average.

“In summary, for over a decade a disproportionately high number of inmates have committed suicide in California’s prison system describable inadequacies in suicide prevention in the CDCR,” Judge Karlton writes,”Defendants have a constitutional obligation to take and adequately implement all reasonable steps to remedy those inadequacies. The evidence shows they have not yet done so. In addition, while defendants represent that they have fully implemented their suicide prevention program, they have not. An ongoing constitutional violation therefore remains.”

Judge Karlton cited the overuse of solitary confinement, particularly among individuals with severe mental health problems, as a continuing problem in the California prison system. The ruling states that such individuals “face substantial risk of serious harm, including exacerbation of mental illness and potential increase in suicide risk.”

[Read more...]

Filed Under: California, Constitution, Eighth Amendment, lawsuits/litigation, mental illness, solitary confinement, suicide, supermax prisons Tagged With: , , , , , , , , ,

Thirty Days in Solitary

March 30, 2013 By 9 Comments

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.

Filed Under: civil liberties/civil rights, federal prisons, human rights, juveniles, lawsuits/litigation, legislation, mental illness, politics of punishment, prison health care, psychological effects, solitary confinement, suicide, supermax prisons, torture Tagged With: ,

Louisiana Attorney General Says Angola 3 “Have Never Been Held in Solitary Confinement”

March 21, 2013 By 4 Comments
woodfox wallace 70s

Albert Woodfox and Herman Wallace in the early 1970s, when they were placed in solitary confinement. (Photo from “In the Land of the Free.”)

James “Buddy” Caldwell, attorney general of the state of Louisiana, has released a statement saying unequivocally that Herman Wallace and Albert Woodfox, the two still-imprisoned members of the Angola 3, “have never been held in solitary confinement while in the Louisiana penal system.”

In fact, Wallace, now 71, and Woodfox, 66, have been in solitary for nearly 41 years, quite possibly longer than any other human beings on the planet. They were placed in solitary following the 1972 killing of a young corrections officer at Angola, and except for a few brief periods, they have remained in isolation ever since.

The statement from Caldwell follows on the heels of a ruling by a federal District Court judge in New Orleans, overturning Albert Woodfox’s conviction for the third time–in this instance, on the grounds that there had been racial bias in the selection of grand jury forepersons in Louisiana at the time of his indictment. Subsequently, Amnesty International, along with other activists, mounted a campaign urging the state of Louisiana not to appeal the federal court’s ruling. In the absence of an appeal, Woodfox would have to be given a new trial or released.

Caldwell’s statement–which was rather mysteriously sent out to an email list that included numerous prisoners’ rights advocates who have supported the Angola 3–begins: “Thank you for your interest in the ambush, savage attack and brutal murder of Officer Brent Miller at Louisiana State Penitentiary (LSP) on April 17, 1972. Albert Woodfox and Herman Wallace committed this murder, stabbing and slicing Miller over 35 times.”

Caldwell clearly states that he has every intention of appealing the District Court’s decision to the notoriously conservative Fifth Circuit: “We feel confident that we will again prevail at the Fifth Circuit Court of Appeals. However, if we do not, we are fully prepared and willing to retry this murderer again.” Caldwell asserts that the evidence against Woodfox is ”overpowering”: “There are no flaws in our evidence and this case is very strong.”

These statements belie the fact that much of the evidence that led to Wallace and Woodfox’s conviction has since been called into question. In particular, the primary eyewitness was shown to have been bribed by prison officials into making statements against the two men. (For more details on the case, see our earlier reporting in Mother Jones, here, here, here, and here.) The two men believe that they were targeted for the murder, and have been held in solitary for four decades, because of their status as Black Panthers and their efforts to organize against prison conditions. (The third member of the Angola 3, Robert King, convicted of a separate prison murder, was released after 29 years in solitary when his conviction was overturned in 2001).

But Caldwell’s most controversial assertion is that Wallace and Woodfox’s conditions of confinement over the past 40 years do not qualify as solitary confinement:

Contrary to popular lore, Woodfox and Wallace have never been held in solitary confinement while in the Louisiana penal system. They have been held in protective cell units known as CCR. These units were designed to protect inmates as well as correctional officers. They have always been able to communicate freely with other inmates and prison staff as frequently as they want. They have televisions on the tiers which they watch through their cell doors. In their cells they can have radios and headsets, reading and writing materials, stamps, newspapers, magazines and books. They also can shop at the canteen store a couple of times per week where they can purchase grocery and personal hygiene items which they keep in their cells.

These convicted murderers have an hour outside of their cells each day where they can exercise in the hall, talk on the phone, shower, and visit with the other 10 to 14 inmates on the tier. At least three times per week they can go outside on the yard and exercise and enjoy the sun if they want. This is all in addition to the couple of days set aside for visitations each week.

These inmates are frequently visited by spiritual advisors, medical personnel and social workers. They have had frequent and extensive contact with numerous individuals from all over the world, by telephone, mail, and face-to-face personal visits. They even now have email capability. Contrary to numerous reports, this is not solitary confinement.

Caldwell’s description does not, in fact, refute the fact that the two men are held for 23 hours a day in closed cells that measure approximately 6 x 9 feet–smaller than the average parking space. CCR, or Closed Cell Restricted, is the Louisiana prison system’s euphemism of choice for solitary confinement. [Read more...]

Filed Under: civil liberties/civil rights, Constitution, Eighth Amendment, featured posts, lawsuits/litigation, Louisiana, older prisoners, physical effects, political prisoners, psychological effects, race, solitary confinement, torture Tagged With: , , , , ,

Judge Rules California Solitary Confinement Lawsuit Should Have Its Day in Court

March 19, 2013 By 7 Comments
Pelican Bay "exercise" yard, © Richard Ross, from "Architecture of Authority"

Pelican Bay “exercise” yard, © Richard Ross, from “Architecture of Authority”

On Thursday, March 14th, U.S. District Court Judge Claudia Wilken denied a motion by the state of California to dismiss a lawsuit filed by the Center for Constitutional Rights against long term solitary confinement in the California prison system. The lawsuit, filed on May 31st, 2012, argues that California’s segregation of “gang-validated” prisoners in Security Housing Units (SHUs)for longer than 10 years constitutes “cruel and unusual punishment.” The lawsuit also argues that the current process by which prison officials label prisoners gang members is a violation of prisoners due process rights. In California, as of late 2011, over 500 California prisoners had been in the SHU for at least ten years; 78 had been in the SHU for at least 20 years.

The SHUs, located at Pelican Bay State Prison, Tehachapi State Prison, Corcoran State Prison, and California State Prison, Sacramento, hold over 3,000 prisoners in segregated units. Prisoners are primarily held in solitary confinement in these units, which have been described by NPR as living in a “small, cement prison cell. Everything is gray concrete: the bed, the walls, the unmovable stool. Everything except the combination stainless-steel sink and toilet…You can’t move more than eight feet in one direction.”

Conditions in the SHU prompted two large scale hunger strikes in California prisons in July and September 2011. The hunger strikes drew national attention to the issue of solitary confinement, and prompted California legislative hearings in 2011 and 2013. The California Department of Corrections and Rehabilitation (CDCR) has implemented reforms to the system, including an allegedly more stringent gang validation system; CDCR has been criticized for validating prisoners and keeping others in isolation for possession of black nationalist literature and “cultural calendars” on the grounds that they constitute evidence of gang activity. CDCR has also reportedly begun a review of all current SHU prisoners under the new standards to determine whether or not prisoners should remain in the SHU.  According to the Los Angeles Times in February, 144 prisoners had been reviewed and 78 had been released to general population and 52 were placed in a new Step Down Program in which prisoners may transition out of the SHU over 4 years with increasing privileges.

People inside California’s prisons have been less enthusiastic about the reforms.

North Kern State Prison prisoner Terrance White is housed in the Administrative Segregation Unit (ASU) pending an opening in the (full) SHUs.  White initially reported to the San Francisco Bay View that he was observing the prison sending prisoners in the ASU back to general population in December, but now says that “I see I’ve been duped by the lies of CDC. I got released back to the general population yard for 45 days and now they’ve brought me back to get validated. It’s sad to see law enforcement get away with monstrosities everyday, then come after us on the inside for becoming wise to their evils by educating ourselves.”

“They’re still validating people it seems every chance they get,” reports White, who has been validated as a Black Guerilla Family member. “I’m not alone as you are aware of, there’s a lot of us and poor Latinos, a few Natives, and poor whites have also been targeted these days. I don’t know how much longer I’ll be here at North Kern, I’m waiting for the Office of Correctional Safety to send my packet back and then I will be endorsed to the SHU to finish my term.”

Pelican Bay SHU prisoner Paul Sangu Jones is optimistic that the public, who he refers to as “minimum security,” are at least “getting a clearer idea of how their tax dollars are being wasted on all of these unnecessary prisons.” But, he says, “my current thoughts are that we remain in limbo. We are locked into a cycle of torture. We keep hearing about how our situation is going to change but every day we wake up to the same old thing–talk about déjà all over again.”

Jones, who has been in the SHU for over a decade, has been labeled by prison officials as a member of the BGF. He was initially placed in the SHU following an anonymous prisoners claim that he was a high ranking BGF member. He has been subsequently kept in solitary confinement for, among other reasons, possessing a “Black Panther newsletter” and because other prisoners designated BGF had written him letters which were intercepted by prison officials.

Jones has reported that someone in his facility had been recently take out of the SHU and placed in the Step Down Program. “It’s my understanding that the prisons are clearing their Ad Segs [Administrative Segregation Units] of prisoners they were planning on ‘validating’ as gang members. I’m told that these prisoners are being placed in the Step Down Program, and the prisons are saying that they are releasing folks from the SHU. It’s certainly what I’d expect from CDCR–no one in the Short Corridor, where prisoners who have been in SHU 10,20,30,40 years have been released to general population,” Jones writes.

“The Pelican Bay State Prison administration is not going to do anything to ease the SHU torture unless forced to do so by the courts. That is the reality our SHU lawsuit is facing.”

Jones also referred to the declaration by the leaders of the 2011 hunger strikes that the prisoners will launch a statewide hunger strike and work stoppage in July if conditions do not improve. “Surely you’ve heard the talk of another hunger strike? That should say it all…”

Filed Under: California, due process, Eighth Amendment, lawsuits/litigation, solitary confinement, supermax prisons Tagged With: , , , , , , , ,

Lawsuit Filed Against Solitary Confinement of 800 “Seriously Mentally Ill” in Pennsylvania

March 18, 2013 By 3 Comments
RHU cell of prisoner Matthew Bullock, who committed suicide in 2009.

RHU cell of Matthew Bullock, who committed suicide in 2009.

The Disability Rights Network of Pennsylvania  (DRNP) has filed a lawsuit against John Wetzel, the Secretary of the Pennsylvania Department of Corrections, charging that the confinement of prisoners in Restricted Housing Units (RHUs) amounts to “cruel and unusual punishment” of those diagnosed as “seriously mentally ill.” The suit seeks an end to long-term segregation of such individuals and seeks an order that DOC prisoners “receive constitutionally adequate mental health care.”

According to the lawsuit, people in the RHUs  are “locked in extremely small cells for at least 23 hours a day on weekdays and 24 hours a day on weekends and holidays. Typically, the lights are on in the cell all the time. The prisoners are denied adequate mental health care and prohibited from working, participating in educational or rehabilitative programs, or attending religious services.”

Prisoners in the RHU are generally held alone, notes the lawsuit, though even in cases when they are assigned a cellmate, this may be “as deleterious to their mental health as solitary confinement” if the cellmate is “psychotic or violent.”

Placing people in such conditions, can create a “Dickensian nightmare,” in which prisoners “are trapped in an endless cycle of isolation and punishment, further deterioration of their mental illness, deprivation of adequate mental health treatment, and inability to qualify for parole.”

The lawsuit provides profiles of 11 men and one woman housed in the RHU, which serve to illustrate the widespread use of solitary confinement against prisoners who have been diagnosed as having “serious mental illnesses.” A man identified as “Prisoner #1″ is described in the lawsuit as having been diagnosed with a delusional disorder with paranoid features and a borderline intellectual diability. Initially placed in a Special Needs Unit, in which prisoners receive psychiatric treatment, he was frequently placed in the RHU following incidents precipitated by delusions. Despite expressing suicidal thoughts before and during his confinement in the RHU, he remained in the RHU until he committed suicide by hanging on May 6, 2011.

“Prisoner #8″ is a 28-year old man at State Correctional Institution-Green (SCI-Green) who has been diagnosed with paranoid schizophrenia, a psychotic disorder, a paraphilia, and a personality disorder. According to the lawsuit, he claims to receive “messages from the television and from dead people.” The lawsuit states that he has expressed suicidal ideation and has been placed in the RHU after being deemed by the Department of Corrections a “danger to himself and others.”

The lawsuit charges that Wetzel “knows or is deliberately indifferent to the fact that the DOC’s treatment of individuals with mental illness, including the practice of segregating them for long periods of time in RHUs, can cause grave harm to their mental health.”

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Filed Under: corrections industry, Eighth Amendment, lawsuits/litigation, mental illness, Pennsylvania, solitary confinement, suicide, supermax prisons Tagged With: , , , ,
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