Able News Column December 2024 – Ending Solitary Confinement for People with Disabilities in New York State Prisons
The topic I’m writing about today is one of critical importance, as the discrimination that disabled people experience in prisons is literally locked away from the rest of society. DRA is working tirelessly on behalf of people with disabilities who are incarcerated, and we are eager to share the story of a case we filed in May of this year on behalf of incarcerated New Yorkers with disabilities against the New York State Department of Corrections and Community Supervision (“DOCCS”) and the New York State Office of Mental Health (“OMH”).
Getting accurate data about the number of people who are incarcerated with disabilities is difficult, but we know that people with disabilities are overrepresented at all stages of the criminal legal system. According to the Prison Policy Initiative, people with disabilities are incarcerated in state prisons at a rate that is more than double that of their nondisabled peers. And this is likely an understatement.
In our 31-year history, DRA has achieved numerous victories on behalf of incarcerated people with disabilities. In 2015 we achieved a settlement to ban solitary confinement for youth in Contra Costa County Juvenile Hall in California and to ensure the provision of appropriate education services for youth with disabilities. In February of 2019 we settled a lawsuit addressing improved access for people with mobility disabilities who are incarcerated in the Santa Clara County Jails, also in California. In March of 2022 we reached a settlement that will reform special education services in New Jersey prisons. And the list of cases goes on. These precedent-setting legal victories have helped shine a light on the unique needs and rights of incarcerated people with disabilities. And, our journey in fighting for the rights of this multiply marginalized population continues.
DRA teamed up with the Legal Aid Society and Winston & Strawn LLP to file our case against DOCCS and OMH for their ongoing violations of the Humane Alternatives to Long-Term Solitary Confinement Act (“HALT”). HALT is a landmark piece of legislation (that went into effect in March of 2022) that drastically reduces the permissible use of solitary confinement in prisons and jails throughout New York State and bans the use of solitary completely for any person, with any disability, in any prison unit, for any period of time. HALT’s protections are grounded in the broad scientific consensus that individuals with disabilities are particularly vulnerable to the disastrous and frequently irreversible medical and harms wrought by solitary confinement, and the growing penological consensus that solitary confinement makes prisons less safe.
Blatantly violating HALT, DOCCS and OMH continue to subject hundreds of people across the disability spectrum to solitary confinement, including people with post-traumatic stress disorder (PTSD), depression, cerebral palsy, epilepsy, speech disabilities, mobility disabilities and people who are d/Deaf, hard-of-hearing, blind, or have low vision.
One of DRA’s plaintiffs in this case is Maurice Anthony, a 42-year-old Black man who has been incarcerated by DOCCS since 2014 and is legally blind. DOCCS has subjected Mr. Anthony to solitary confinement for virtually the entire period since HALT went into effect, frequently for up to 23 hours per day. Mr. Anthony compares his experience in solitary to torture, stating that it is like being caught “in a trunk” or a “casket” where “you can’t get out.” This confinement causes him to endure blackouts, hopelessness, and claustrophobia among other symptoms. Other plaintiffs have experienced suicidal ideation and other mental health crises while held in these horrific conditions.
It is long past time for the State to abide by the law and end the use of solitary confinement for people with disabilities. On behalf of Mr. Anthony, all of our clients in this case, and all people with disabilities incarcerated by DOCCS and OMH, we’re continuing our advocacy. We’re fighting to secure a legally binding settlement or court order that will mandate that DOCCS and OMH reform their practices and polices to comply with the HALT Act’s obligation to exclude people with all disabilities from solitary confinement.
And as with all of DRA’s cases, once we achieve a victory in this lawsuit, which we certainly hope and expect will occur, we will monitor progress to ensure that DOCCS and OMH comply with the provisions of the settlement agreement or court order so that the civil rights of prisoners like Mr. Anthony are protected. This will take time and resources to achieve. And as we approach the end of the year, we’re especially grateful to you, Able News readers, for your interest in and support of disability rights issues. We couldn’t do this work without you. As always, if you want to learn more about DRA and our casework, visit our website.