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

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.”

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Seven Days in Solitary [4.4.13]

solitaryThe following roundup features noteworthy news, reports and opinions on solitary confinement  from the past week.

•  First Run Features announces the New York premiere of Herman’s House this week. The film, which explores the “injustice of solitary confinement and the transformative power of art,” will be opening April 19,2013, at Cinema Village in New York City.

• WUSA9 reports that Christoper Harper, who suffers from mental illness, is being held in solitary confinement in a maximum security prison in Pennsylvania. Harper’s mother says that Harper, 40, has the mental capacity of an 11-year-old.

• Truthout reports on “The US Criminal (In)Justice System” and the mistreatment of incarcerated people, citing the “widespread, abusive and counterproductive” use solitary confinement as a prime example of this.

• Andrew Cohen calls into question the BOP’s policies in dealing with behavior frequently accompanied by mental illness, including suicide attempts and self-mutilation, pointing out that regulatory body’s “inmate policies” actually call for more severe punishment of behaviors typical of people with mental illness.

• Former prisoner Daniel McGowan writes that court documents prove he was put in Communication Management Units (CMU), a form of segregation, for his political speech.

• The New York Times publishes an editorial about the use of arbitrary and abusive solitary confinement on immigrant detainees in the US, emphasizing that the unbridled use of solitary by ICE ”is not a model of humane incarceration.”

• Ian Urbana discusses the excessive use of solitary confinement on immigrant detainees in the US on the Leonard Lopate show. For those who missed the show, listen to the audio at WNYC .

• The New Yorker reports that a shocking proportion of the detainees at Guantanamo are hunger striking, reaching a total 37, or almost one in four of the 166 people imprisoned there. A story in The Atlantic states  that the hunger strike at Guantanamo Bay will likely be ineffective since the people doing the striking are a ” group of foreigners whose prison is synonymous with the War on Terror,” as opposed to “sympathetic, politically popular characters.”

California Prison Conditions Driving Prisoners to Suicide

California Security Housing Unit Cell

California Security Housing Unit Cell

A court-appointed consultant, forensic psychiatrist Dr. Raymond Patterson, has reported that the California Department of Corrections and Rehabilitation (CDCR) has failed to effectively combat the large and escalating problem of suicides in the California prison system. According to reporting by KPCC, Patterson despondently asserted that his making any additional recommendations would be “a further waste of time and effort,” as recommendations over many years have gone unheeded.

The report comes as U.S. District Judge Lawrence Karlton is preparing a decision on whether or not California’s mental, mental health, and dental care must continue to be monitored by federal courts. In August 2012, then-CDCR Secretary Matthew Cate issued a plan to end federal oversight of California prison health care. “My goal is to end federal court oversight of medical, mental health and dental care by next year,” Cate said. Though Cate resigned in October, his enthusiasm for lifting federal court oversight has been championed by California Governor Jerry Brown. Brown has argued that California has made significant leaps in improving prison health care and addressing overcrowding.

According to reporting by the Los Angeles Times, the March 13 report by Patterson and five other experts reviewed 15 of 32 suicides in 2012. The report notes that prisoners housed in segregation units, Administrative Segregation Units and Security Housing Units, have a 33 times higher chance of suicide. According to Amnesty International, between 2006 and 2010, there was an average of 34 suicides in the California prison system a year, with 42 percent occurring in segregation units.

According to the LA Times reporting, “13 of the 15 deaths showed some form of inadequate assessment, treatment or intervention.” Three of the 15 prisoners had already undergone rigor mortis, meaning hours had gone by from the time of their death to the time they were found. Further, the California prison suicide rate of nearly 24 per 100,000 exceeds the national state prison average of 16 per 100,000.

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A Preventable Death in an Arizona Prison

Guest Post by Carl ToersBijns

Carl ToersBijns worked in corrections for over 25 years, holding the positions of a correctional officer, chief of security at a mental health treatment center, program director, associate warden, and deputy warden of administration and operations in both the New Mexico and Arizona Departments of Corrections. He  specializes in consulting and developing strategic plans for sound correctional practices, mental health treatment, security threat groups, training and staff development. He has published three books in the Wasted Honor Trilogy, as well as the book Gorilla Justice: Caged War Veterans, the Mentally Ill and Solitary Confinement, and has written blog posts on Corrections.com and as a guest writer for Yahoo. In the Anthony Lester case, he has been interviewed several times by local media on the subject of correctional practices and issues surrounding Lester’s death

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tony lesterThe nightmare started in 2009, when a young Native American man named Anthony Lester was convicted of his first felony offense–one count of aggravated assault for a stabbing that took place during a foiled suicide attempt–and sentenced to twelve years in an Arizona prison. Tony Lester had been diagnosed with schizophrenia while still in high school; he heard voices and had a history of mutilating and otherwise harming himself. He clearly needed help, so his family asked the Arizona Department of Corrections (ADC) to honor the court order that was issued by the judge hearing the case. That judge had stated that Lester should be housed in a mental health treatment unit rather than in the general population, where there is no immediate provision to treat those with severe mental illnesses, who have difficulty coping and functioning while incarcerated.

The ADC ignored the court order and housed Lester to Tucson State Prison, infested with Native American gangs demanding Lester pay protection for his presence on the yard. Tony Lester shared his concerns for his own safety with prison officials, and was segregated in a detention unit until his protective custody process was completed. The family informed officials of Lester’s mental illness, and their response was that this particular inmate was manipulative and trying to avoid living on the yard where he faced gang extortion.

Several times the family tried to get their point across–that Lester suffered from a debilitating mental illness, and that he was court ordered to remain on all psychotropic medications. The family was shocked when they found out that inmates have the right to refuse their medications and that Lester was still being housed in a tiny detention cell awaiting final disposition on his protective custody. While isolated in detention, Lester decompensated and was put on a suicide watch.

Then, on July 11, 2010, the family received a call  at 11:45 pm, telling them that Tony Lester had been taken to the hospital with non-life-threatening injuries. A call notifying them of his death came three hours later, 2:45 am. An investigation was conducted and the death was ruled a suicide by razor blade. The razor blade that Lester had used to mortally wound himself had been given to him by mistake by an officer who forgot to remove the razor from the prisoner’s personal hygiene kit, less than two days after he had come off a suicide watch.

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Voices from Solitary: Disciplined Into Madness and Death

bedford hillsThe following essay comes from Sara Rodrigues, formerly imprisoned at Bedford Hills Correctional Facility, a maximum-security prison for women in Westchester, New York, and now further upstate at Albion. When Sara was sent to prison at the age of 16, she found her friend D there as well. Both Sara and D had life-long struggles with mental health, and while in prison, spent long periods of time in solitary confinement (both Keeplock, which is lockdown in one’s own cell, and SHU, which is the Special Housing Unit).

Sara writes about the difficulty D faced when she was finally released and put on parole, with no transitional assistance to move from prison to the free world. She ultimately ended up back in prison and committed suicide, shortly after giving birth to a baby girl. Sara Rodrigues wrote this piece in the hope of spreading awareness of her situation and the experience of many people around her. She writes, “Too many inmates in New York State under the age of 25 are killing themselves in prisons because they are literally being thrown away like garbage by the court systems.” (Thanks to Jennifer Parish of the Urban Justice Center for forwarding this essay to Solitary Watch.) –Rachel M. Cohen

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This essay is dedicated to D and all those who have given their minds and/or lives trying to pay their debt to society and to those who will forever be haunted and scarred from our justice system. Once self-worth and hope dies within our souls, what is left behind is a shell of life that can see no future, no redemption and no chance for a normal life. It is then that our minds realize how truly unwanted we are and how on a daily basis we are reminded that society has no use for us. Day by day life becomes very dark, some lose their minds, some will never be the same, and some just give in and take their own lives.

Many people who are sentenced to prisons are very young and have serious behavioral and mental health problems and this environment only makes their sickness worse. This is D’s story and how somehow out of the tragedy of her passing has made me resolve to open people’s eyes to the greater damage that happens to everyone by throwing the very young, mentally and emotionally ill into cages to rot under the pretense that more punishment, isolation, and deprivation will make people change for the better. This story has nothing to do with not doing your time, but doing your time in a healthy corrective facility, not the factories of misery that most of our prisons are today. D’s death had such an impact on me that she inspired me to keep fighting for my sanity, to try to never give up, and to get the word out whether people care to hear the truth or not.

In December 2008, I tripped and fell down the rabbit hole. Instead of “Alice in Wonderland,” I became Sara in Prisonland and I am still to do this day trying to wake up from my nightmare. I was 16 years old entering RCOD (reception) in a maximum-security prison, Bedford Hills. My sentence was eight, years flat and 5-post release supervision, I was scared and in definite culture shock, it was all so alien and overwhelming. Later I learned D was there, to me D was my cousin, my best friend, and a sister all rolled into one. We could talk about anything, she helped me so much to get used to this crazy way to survive my new life. We also argued a lot as young teenage girls often do, now in hindsight I regret ever getting angry and wish I had been a better friend.

Some months later, she was paroled and went home but it did not take long and here she was again. Being so young when she went into prison, the outside world was just too overwhelming for her. This and coupled with the fact that there are no transitional programs for people leaving prisons in the area we live in, which is Jefferson County, this leaves all parolees pretty much on their own. Get out of prison, go report to parole, go to Credo, (drug and alcohol counseling), go to mental health, get a job, pay your rent, don’t drive till we say you can, pay parole, pay credo, be home at curfew. You give up because it is all to stressful, can’t get a decent job because you are just out of prison and no one wants to hire you, zero job programs or training programs for parolees. One can’t even go to VESID (vocational training) until 6 months after you get out of prison and by then it is usually too late.

People need these services as soon as they come home and because of all this lack of support, every parolee is set up for failure. So she just gave in to all the temptation around her and started partying and having a good time, and even though her mother begged parole to try to live in a drug and alcohol program instead of sending her back to prison, they didn’t care and did what they do best. That is to not keep people out of prison but to make sure they end up back in. Do the math, almost zero services and supports for parolees in this country why is this and who lets this happen?

By this time she came back to Bedford Hills, she was pregnant. D’s time in the prison system was not easy, she was an outsider even in prison, she had a extensive disciplinary record which was making her mental health issues worse, and she had a long history of suicidal behavior, she had been hospitalized before incarceration and during. Making matters worse, she was always in Keeplock or SHU and this did nothing to help her problems. In coming back to prison, it was so much harder to deal with than the time before and at that point, I believe she thought nothing would ever change, she was in a cycle she could not get out of and I think she was just getting soul tired.

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Suicide in Solitary: The Life and Death of Armando Cruz (Part 2)

California State Prison, Sacramento

On December 26, 2008, Armando Cruz was admitted to Mercy Hospital of Folsom following an attempted self-castration. He had “wrapped strips of sheets/shirts around base of scrotum and has been tightening them over the past three days because ‘I am on a mission,’” according to a Clinical Report by a physician who examined him.

Cruz would go on to say that he did it “to prove he was tougher then the voices.”

Housed alone in the PSU, he would participate in few groups.  However, no disciplinary issues are noted in his documentation. On February 5, 2009, his custody was reduced from Max to Close Custody. His SHU term was suspended and he was allowed to participate in EOP Programming, which included more social interaction.

He would remain disciplinary free throughout much of 2009.

He was transferred back to Salinas Valley State Prison, being placed back in the Department of Mental Health, on September 29, 2009.  The goal was to make him competent to stand trial for the January 18, 2008 incident in which he bit an officer. Within a month, on October 16, he would be cited for possession of dangerous contraband.

Two months later, he would participate in his first, and only, parole board hearing. The parole board noted that “Cruz has not been released from Discretionary Program Status (DPS) due to his erratic behavior and therefore, has not participated in any group activities.” The board also indicated that Cruz had spent some time before the board emphasizing that he wished to stay away from the El Cajon Dukes, a gang he had claimed he was a member of since his arrest, a claim his mother disputes.

On February 2, 2010, the board would deny parole for seven years, telling him he needed to stay disciplinary free and that he had not yet taken full responsibility for his actions.

Cruz would remain at Close Custody security until December 2010.

His mother believes that quietly, Cruz was agonizing over his February parole denial. “He thought that he would serve 8 years and come home,” she says.

He would have a cellmate for most of 2010, and remained relatively discipline free. In May 2010, he was transferred to Vacaville, at the California Medical Facility.

On July 27, 2010, a Department of Mental Health/Vacaville Psychiatric Program Discharge Summary indicated that he remained incompetent to stand trial. Quoting a court ordered psychological evaluation, the Discharge Summary reads “it was noted he has made some improvement since his last evaluation in that he is now aware of the charges against him whereas previously he was not…he is still experiencing psychotic and manic symptoms which interfere with his ability to be an effective participant in his own defense.”

Further, the report indicates that the nature of Cruz’s diagnosis of schizophrenia “often leads the patient to misinterpret reality and engage in behavior which may be dangerous to him or others. It is therefore recommended that the patient be transferred to a facility that can continue to provide further mental healthcare within a safe environment.”

The Discharge Summary cites a visit by family—his mother and his sister.  He was reportedly “overjoyed on account of that” and indicated his desire to be “placed at a facility which could be closer to his family.” This would be the last contact visit. The last time that Cruz was able to hug and kiss his family.

At this time, Cruz was diagnosed with Schizoaffective Disorder, bipolar type. He also was noted to have hypothyroidism.

He would be discharged back to Salinas Valley State Prison, and then was sent back to CSP, Sacramento in the EOP program.  The assault charge against him would be dropped in favor of administrative measures.

On September 27, he was admitted to the Mental Health Crisis Unit due to having bruising on his neck.  According to a Mental Health Interdisciplinary Progress Note, “He reports (vaguely) a psychotic episode in which he was feeling tremendous pain in his neck and put his hands around his neck to stop the pain, causing bruising.”

In October, he was again admitted to the Mental Health Crisis Unit for “self-abuse by choking himself out.” It was noted that he has “chronic thoughts of impending doom and an internal feeling of senselessness…which he explains as a perception that everything in the world is dull and boring.”

While there, two psychologists evaluated him by request of the Mental Health Crisis Bed Interdisciplinary Treatment Team. Cruz was noted to have a fourth grade reading ability and indicated that a neurological examination might be necessary to determine if Cruz’s frequent self-asphyxiation has caused any brain injury. His attention was found to be in the “Profound Impairment” range. His memory, language, and executive functioning were also noted to be impaired.

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Suicide in Solitary: The Life and Death of Armando Cruz (Part 1)

0010557353-01-1.jpg_20110926

On September 20, 2011, at 10:55 pm in the Psychiatric Services Unit of California State Prison, Sacramento, a guard was completing his rounds checking on patients in the unit. Locked in solitary confinement, but allowed 10 hours of recreation a week as well as some group activities, prisoners held in these units have been diagnosed with a litany of severe mental health problems. In cell number 104, Armando Cruz, 28, was found facing “toward the opposite side of the door window…[a] rope from his neck to the ceiling…his tongue protruding.” His face was purple and there was no pulse. At 11:35 pm, he was pronounced dead.

On a dozen Post-It notes he scribbled his final words, telling his family he loved them. His final message was “REMEMBER ME!”

 The death of Armando Cruz was the culmination of years suffering from hallucinations, engaging in self-harm and escalating problems. It also exemplifies what can and does happen to people with severe mental health problems when they are locked into the prison system.

Entering the California prison system on February 25, 2003 following three years of legal wrangling, he would spend at least four years in solitary confinement units, including the final year of his life. Housed alone, his hallucinations and delusions would fester as he ruminated in cells no larger than a bathroom to the point where, in the final months of his life, he invented a family that lived with him. For a vulnerable young man with a fear of “being alone in a cell,” the protracted isolation amounted to psychological torture. Ultimately, he became one of 33 California prisoners who would commit suicide in 2011.

In order to understand Armando Cruz’s death, it is important to understand the tumultuous life that he led.

Troubled Youth

Armando Emmanuel Cruz, Jr. was born on April 23, 1983 to Armando and Yolanda Cruz in Fontana, California. He was a relatively quiet child who enjoyed playing sports, participated in karate, and was well liked by his peers. He was a decent student in elementary school.

Says his mother, Yolanda, of her son, “What I want the broken system to know and the State of California is, that Armando…was a sensitive son who worried about the less fortunate and the injustices in our world.

Things began to change when he entered adolescence. When he was thirteen, he began to use marijuana and methamphetamine and engaged in inhalant abuse (“huffing”). He began experimenting with cocaine and LSD and also began to drink alcohol, which he reportedly did to the point of losing consciousness.

In August 1997 at the age of 14, he was arrested for possessing marijuana at school. The following month he was arrested for burglary. He had stolen several thousand dollars worth of tools.

In 1998, he began to exhibit early psychotic symptoms, yelling at his mother that he was feeling forgetful, that he “felt out of place” and that he was “losing his language.”

In January 1998, according to legal documents, he was examined at County Mental Health and diagnosed as suffering from Inhalant Dependency. Two months later,”[Cruz] had a juvenile forensic evaluation and was diagnosed as suffering from a psychotic disorder, probably a hallucinogen induced psychosis, and also suffering from Borderline Intellectual Functioning.”

Though he was placed in various diversionary programs to keep him out of juvenile detention facilities, his problems continued to escalate.

Friends commented that they felt that the various psychiatric drug combinations Cruz was on “made him slower,” “made him seem more dazed” and that “it felt like Cruz was getting farther away.”

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Corcoran State Prison Inmate Commits Suicide in Solitary

Solitary Watch has recently confirmed that on August 28th,  prisoner Armando Morales (CDCR number-P80673) committed suicide by hanging in his cell at California State Prison, Corcoran. The Kings County Coroner’s office confirmed that Mr. Morales was found unresponsive at 4:41 PM in his cell by prison staff. He was found on his cell floor with a shoelace and a blue blanket wrapped around his neck. Morales was being housed alone in his cell.

According to a pen-pal ad posted when he was 23, Morales, a Watts, California native, had been incarcerated since he was 16 years old. The post also indicates that he was being held in the Security Housing Unit (SHU) as of six years ago. His admission date at Corcoran is listed as 06/01/2000. Inmates in the SHU are generally housed in solitary confinement for periods of time ranging from 22 1/2 to 24 hours a day. Cells are generally no bigger than 8×10 feet.

According to the reports of Special Master to the US District Court for the Eastern District of California, between 2006 and 2010 suicides in the California prison system averaged 34 per year. Approximately 42% were committed by inmates in the SHU or ASU (Administrative Segregation Unit).

According to California Prison Focus, Mr. Morales was being held in the 4B facility, which houses hundreds of validated gang members in solitary confinement, at the time of his death.

The Corcoran State Prison Public Information Office confirmed that Mr. Morales was being held in the Security Housing Unit at the time of his death, though no other information was made available.

In a letter to California Prison Focus, an inmate housed in the same unit as Morales reported that Morales was being pressured to debrief at the time of Morales’ suicide by Institutional Gang Investigators (IGIs). Debriefing is a process in which inmates inform against their gang, and are transitioning out of the prison gang they belong to. For inmates in the SHU, it is one of the only ways they can be released from the SHU, aside from maxing out of their original sentence. The decision to debrief can be particularly stressful, as leaving prison gangs can result in becoming a target for retribution.

Corcoran State Prison houses 1,426 inmates in the SHU or Protective Housing Unit, the latter of which houses inmates who are in the process of debriefing.

Solitary Watch will provide updates as more information becomes available. Anyone with information about Mr. Morales, particularly his family, can contact the writer at: sal_solitaryw@yahoo.com.

Federal Government Seeks Dismissal of Supermax Suicide Lawsuit

The U.S. government is currently contending with two federal lawsuits that challenge the torturous conditions at the U.S. Penitentiary Administrative Maximum (ADX) in Florence, Colorado. Both suits allege that the social isolation and sensory deprivation at ADX are so extreme that they drive prisoners to madness, self-mutilation, and suicide–yet the Bureau of Prisons offers them next to nothing in the way of mental health treatment.

We’ve published two previous posts (here and here) tracking Andrew Cohen’s excellent, detailed reporting on these lawsuits. Yessterday, Cohen reported on the federal government’s latest move, which was to file a motion to dismiss one of the suits. It concerns the death of Jose Martin Vega, who hanged himself in his cell at ADX in May 2010. (Although Vega was unconscious and possibly dead when guards found him, they nonetheless shackled his hands and feet before removing him from his cell, as shown in photos from the Fremont County Coroner’s Office.) Vega’s family is alleging that “former ADX-Florence warden Blake R. Davis and other Bureau of Prison officials were “deliberately indifferent” to Vega’s medical needs, including his mental health needs, which the family says were extensive and obvious.”

The complaint alleges, in graphic detail, how Vega lost his mind at Supermax. How he began to mutilate his own body. How he came to believe that the guards were poisoning his food and “violating his bodily integrity.” When he complained, as he often did, in writing, prison staff typically told him that the results of his complaints were “not disclosable to” him. Now that he is dead, now that he can no longer testify about what was done to him, here is what the feds say to try to rid themselves of the responsibility of an accounting:

Plaintiff makes no allegation that inmate Vega was in fact suffering from a serious mental illness requiring treatment at the time of his death (or at any time when Mr. Davis was the Warden at the ADX)… There are similarly no facts showing that any treatment was prescribed (or even indicated) for inmate Vega’s mental condition. Further, there are no facts alleged showing that, objectively, inmate Vega was at an increased risk of suicide

His prior (unidentified) suicide attempt in 2005 and self-mutilation in 2010 are insufficient to show, objectively, that inmate Vega was diagnosed by a physician with a serious mental illness mandating treatment or was suffering from a condition that was so obvious that even a lay person would easily recommend the necessity for a doctor’s attention.

You follow that twisted logic? The prison staff’s repeated failure or refusal to treat Vega for his obvious mental illness now is being used as evidence by the government that Vega didn’t need to be treated for his obvious mental illness. And since a “lay person”—like a juror, for example—wouldn’t have viewed Vega’s conduct before his suicide as “mandating treatment” lay people—like jurors—should not be allowed to review the evidence in this case to decide for themselves whether Supermax officials failed to meet their legal obligations to this prisoner.

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HRC: Pennsylvania Inmate Commits Suicide in Isolation Unit

The Human Rights Coalition in Pennsylvania has reported on the July 16th suicide of Brandon Palakovic, 23, at State Correctional Institution in Cresson (SCI-Cresson). HRC notes that the “facility that is being investigated by the U.S. Department of Justice for warehousing mentally ill prisoners in the hole and depriving them of mental health treatment.”

Out of a population of 1,400 inmates, SCI-Cresson holds over 100 in solitary confinement. According to a press release by the US Department of Justice federal officials planned to “investigate allegations that SCI Cresson provided inadequate mental health care to prisoners who have mental illness, failed to adequately protect such prisoners from harm, and subjected them to excessively prolonged periods of isolation, in violation of the Eighth Amendment to the U.S. Constitution.”

Palakovic had been institutionalized four times since he was eleven years old for mental health and related behavioral problems.  He had been variously diagnosed with Oppositional Defiant Disorder, bipolar disorder, and had noted impulse control problems. He had been incarcerated for just under a year and a half at the time of his death. It has been reported that four days prior to his death, he had refused to take medication, resulting in his being ”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.”

“A report from a prisoner in the RHU stated that Brandon was not taking his medication at the time of his suicide, though whether that was his choice or not was unknown. This report also discussed how Brandon had begun talking to non-existent people in his cell. Other prisoners on the block referred to Brandon by the nickname of ‘Suicide’ according to two prisoner reports,” reports HRC.

The Palakovic family has the following message: “We loved our son, Brandon Palakovic, with all of our hearts. He was a beautiful human being who struggled in some areas in his life. Things that came easy for many were a challenge for him. However, his intelligence was something that many marveled at and something that we hoped would be the key to his success someday. Unfortunately, he never had the chance to see his someday. Our hearts are so sad knowing that Brandon’s last thoughts on this earth were of desperation and hopelessness. If only he could have felt our love for him at that precise moment, maybe he would have changed his mind. We will never know. Although we cannot change what happened in that prison cell on July 16th, we can hopefully impact others and bring to light the neglect and mistreatment that many prisoners are forced to live with. If Brandon’s death can positively impact even one other prisoner’s situation, or help a family to avoid the pain of losing a loved one to suicide, then perhaps we will begin to heal and feel like his death was not in vain.”