May 11th 2024.
A group of individuals, including disability advocates and law firms, have come together to file a lawsuit against the New York State Department of Corrections and Community Supervision and the New York State Office of Mental Health. This lawsuit has been filed on behalf of incarcerated inmates with disabilities. The Legal Aid Society, Disability Rights Advocates, and Winston & Strawn LLP have joined forces and filed a class action lawsuit on May 8th. According to a press release shared with BLACK ENTERPRISE, they are accusing the agencies of participating in violations of the Humane Alternatives to Long-Term Solitary Confinement Act.
This act was put into effect in March 2022 and aims to decrease the use of solitary confinement in prisons and jails throughout the state. It specifically prohibits prison and jail officials from placing inmates with disabilities in solitary confinement, as it can cause severe medical and psychological consequences that are irreversible. However, despite this legislation, the advocates claim that the DOCCS and OMH have continued to place inmates with disabilities in solitary confinement for more than 17 hours a day.
The lawsuit shares the stories of several inmates, including Maurice Anthony, a legally blind man who has been incarcerated in New York since 2014. According to Pix 11, Anthony spent close to 23 hours a day in solitary confinement, even on holidays. He described the experience as being in a "casket" or "a trunk." The lawsuit highlights that conditions like this have led to Anthony experiencing claustrophobia, blackouts, hopelessness, and extreme frustration.
Andy Gneco and Stephanie Peña have also faced similar circumstances. Both Afro-Latinx inmates have been held in solitary confinement by DOCCS, despite their hearing and mental health challenges. Gneco was subjected to solitary confinement for 22-24 hours a day, including in the Special Housing Unit, during his time in Auburn and Clinton Correctional Facilities. The isolation and sensory deprivation, along with being separated from his daughter, led to depression and anxiety.
Peña, who has been incarcerated since 2022, also has mental health disabilities, including post-traumatic stress disorder and antisocial personality disorder. She has been placed in solitary confinement multiple times, causing severe mood swings and PTSD-related symptoms like nightmares and flashbacks. The advocates argue that solitary confinement can be counterproductive and point to other states that have seen success in decreasing violence and increasing jail safety by implementing more humane practices.
Josh Rosenthal, a supervising attorney at Disability Rights Advocates, believes it's time for New York to follow suit. He stated, "It is long past time for the State to end the use of solitary confinement for people with disabilities. Words are not enough, and DOCCS and OMH must comply with state law and stop this vicious practice once and for all."
When asked for a comment on the pending litigation, the Department of Corrections and Community Supervision said they had no statement. However, a spokesperson did mention that Acting Commissioner Daniel F. Martuscello III had made policy changes in June 2023 to comply with HALT. These changes include stricter review processes for segregated confinement.
It is clear that young Black inmates are suffering in inhumane conditions, and it is time for the state of New York to take action and protect the rights of incarcerated individuals with disabilities. The advocates behind this lawsuit are determined to see an end to the use of solitary confinement for people with disabilities and are urging the DOCCS and OMH to comply with state law. It is time for change, and it is the responsibility of these agencies to make sure that no one else has to endure the detrimental effects of solitary confinement.
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