A handful of prisoners in Oregon who filed
a proposed class action lawsuit in mid-June challenging the Oregon
Department of Corrections' (ODOC) solitary confinement practices. It alleges
that the ODOC is violating the state constitution's "Unnecessary Rigor
Clause," which goes above and beyond the Constitution's Eighth Amendment
protections against cruel and unusual punishment, reported Reason Magazine. States like Indiana,
Tennessee, Utah, and Wyoming also have similar protections in their
constitutions.
The plaintiffs seek a declaration that the ODOC's
practices are unconstitutional and an injunction prohibiting the department
from continuing the practices in the future. They also want to establish a
monitoring regime so that the ODOC does not fall back into its old
habits.
"It's ironic that in a state that is pushing back
against the Trump administration and is a progressive leader in so many ways is
at the same time subjecting people to these degrading, cruel and inhumane
issues," said George Mills, a staff attorney at the Prison Law Office, a
nonprofit public interest law firm representing some of the plaintiffs.
A spokesperson for the Oregon Department of
Corrections told Reason that the agency can't comment on the
specifics of the lawsuit but remains committed to maintaining "safe,
secure, and humane operations for adults in custody, staff, and the communities
we serve." That includes, but is not limited to, increasing out-of-cell
time for people in solitary confinement, building peer mentorship programs, and
enhancing violence prevention tools.
"DOC remains committed to this long‑term cultural
transformation and to ensuring our practices continue to evolve in alignment
with research, safety needs, and constitutional standards," the
spokesperson wrote in an email.
Solitary confinement—also known as restrictive housing
or administrative segregation—has a long and sordid history in the U.S. The
Eastern State Penitentiary in Philadelphia is widely considered the birthplace
of solitary confinement. As early as 1829, some prisoners were kept in tiny
cells only containing a worktable, a toilet, a skylight, and a Bible. Historian
William Kashatus argued in a 1999
article for Pennsylvania Heritage Magazine that the cells
were designed in such a way to "remind the inmate that penitence would
only be achieved through the light from heaven, the word of God, and honest
work."
In 1890, the Supreme Court recognized that the
assumption underpinning solitary confinement is inhumane and counterproductive
in a case known as In re Medley. The
case concerned a convicted murderer named James J. Medley who was held in
solitary confinement for 45 days in Colorado before his execution. Chief
Justice Samuel Miller, after going through a lengthy historical analysis of the
practice, found that prisoners subjected to solitary confinement often
"did not recover sufficient mental activity to be any subsequent service
to the community."
Keeping prisoners in solitary confinement is also
inherently dangerous. Studies have shown that extended time in solitary can
permanently damage an individual's brain by shrinking the hippocampus, the part
of the brain responsible for memory and sociability. That is one reason why
many prisoners who are sent to solitary return with symptoms of
"depression, paranoia, lack of concentration or memory, anger, and
hallucinations," according
to a 2018 study. Solitary confinement can also cause muscular degeneration,
cardiovascular issues, and dermatological conditions because of the lack of
regular exercise and restricted hygiene habits.
Jenkins-Millage claimed in the lawsuit that he has
experienced similar symptoms since he was sent to solitary confinement. For
instance, he said he developed symptoms of depression or bipolar disorder,
including suicidal ideation, while he was in solitary. He attributed these
symptoms to a lack of meaningful human contact, recreation, and mental
stimulation.
Even so, reforming solitary confinement practices has
been slow and arduous work. According to 2023 estimates, more than 122,000
people are held in solitary confinement across the U.S., representing
just under 7 percent of the nation's total prison population. While many assume
that the worst of the worst criminals live in solitary confinement, multiple studies have
found that prisons routinely use solitary confinement as punishment for
nonviolent offenses like tobacco use and talking back to a prison guard.
Solitary confinement is also often considered the "de facto mental health
unit" in many prisons, according
to the Vera Institute of Justice.
"When we made the decision to do whatever put us
in prison," Jenkins-Millage told
Oregon Public Broadcasting in June. "We didn't stop being
humans."
The lawsuit claims directors at the ODOC are aware
that their practices may run afoul of best practices. In the 91-page complaint,
lawyers point to memos sent by senior ODOC leaders outlining the need to
"reduce the use of segregation" and acknowledging that the practice
is "detrimental to an individual's health." Another superintendent at
Oregon's Coffee Creek Correctional Facility claimed that "segregation
isn't an effective tool to change behavior."
Still, the ODOC has been slow to address its issues.
For instance, a 2015
study by Disability Rights Oregon found that prisoners in solitary
confinement had no access to mental health treatment. A 2016
study conducted by the Vera Institute found that segregated prisoners
in the ODOC lived in conditions marked by "isolation, idleness, and
sensory deprivation" that created or exacerbated serious mental health
issues.
"They know that this is wrong, and they know that
they need to make progress on this," Mills said.
The lawsuit was filed at a time when solitary
confinement is under strict scrutiny across the globe. In 2015, the United
Nations General Assembly revised what are known as its Nelson
Mandela Rules, which seek to create an international standard for the
treatment of prisoners, to state that solitary confinement should be used only
as a "last resort" and should not last longer than 15 days. That led
to prison reforms in European countries such as Germany, Ireland, Scotland,
Denmark, and the Netherlands, as well as in South Africa.
Several U.S. states are creating more humane
approaches to solitary confinement. Nevada reduced
the amount of time prisoners can spend in solitary confinement to 15 days in
2023. A bill passed in Virginia adding
new restrictions on when a prisoner can be sent to solitary confinement. Other
states like Louisiana passed a law to increase access to educational
materials for people in solitary confinement, and Tennessee now
prohibits pregnant women from being sent to solitary.
To Mills, these initiatives come back to one of
America's original principles: "You can't torture people, and that's a
foundational principle of our country."
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