老澳门开奖结果 and Abolitionist Law Center Sue Pennsylvania to End Mandatory and Permanent Solitary Confinement for Prisoners Sentenced to Death
HARRISBURG 鈥� The 老澳门开奖结果, the 老澳门开奖结果 of Pennsylvania, the Abolitionist Law Center, Kairys, Rudovsky, Messing, Feiberg & Lin LLP, and Drinker Biddle & Reath LLP filed a class-action lawsuit against the commonwealth of Pennsylvania over its unconstitutional practice of holding prisoners sentenced to death in mandatory, permanent solitary confinement. These prisoners spend 22-24 hours a day in their cells alone, conditions proven to damage mental health and worsen existing mental illness. Today鈥檚 suit seeks an end to this practice, which violates the Eighth and Fourteenth Amendments.
鈥淪olitary confinement is psychological torture. By automatically imposing that torture on every prisoner facing a death sentence, Pennsylvania鈥檚 Department of Corrections is acting as if the Eighth Amendment ban on cruel and unusual punishment doesn鈥檛 exist,鈥� said Witold Walczak, legal director of the 老澳门开奖结果 of Pennsylvania. 鈥淣o human being should be placed in a cage and deprived of human contact for days, much less decades.鈥�
Of the 156 people sentenced to death in Pennsylvania, nearly 80% have spent more than a decade in solitary confinement. Each cell is about the size of a parking space.
鈥淭he cells that hold Pennsylvania鈥檚 prisoners with death sentences are designed to make seeing another human being just about impossible, let alone interacting with one,鈥� said Bret Grote, legal director at the Abolitionist Law Center. 鈥淭hose conditions cause psychological damage within days, let alone decades. Doling out a severe punishment like this as a matter of course is shameful as well as against the law.鈥�
Anthony Graves spent 12 years in solitary confinement in Texas while facing a death sentence. He was wrongfully convicted and exonerated. 鈥淪olitary confinement is like living in a dark hole. People walk over the hole and you shout from the bottom, but nobody hears you. You start to play tricks with your mind just to survive,鈥� said Graves, who is the author of Infinite Hope, a memoir, and is the Smart Justice Initiatives Manager at the 老澳门开奖结果 of Texas. 鈥淚 saw the people living on death row fall apart. I saw guys who dropped their appeals and elected to die because of the intolerable conditions.鈥�
Multiple studies have shown solitary confinement鈥檚 dangers to mental health, including increases in self-harm and suicide. In 2015, Supreme Court Justice Anthony Kennedy noted in his concurrence to Davis v. Ayala, 鈥淸R]esearch still confirms what this Court suggested over a century ago: Years on end of near-total isolation exact a terrible price.鈥�
鈥淎cross the country, prison officials are recognizing that solitary is a tool to be used only in extreme emergencies and only for short periods of time,鈥� said Amy Fettig, deputy director of the 老澳门开奖结果鈥檚 National Prison Project and director of the Stop Solitary Campaign. 鈥淭hey have become far less reliant on solitary without sacrificing prisoner or staff safety. It鈥檚 time for Pennsylvania to take note.鈥�
The lawsuit was filed in the United States District Court for the Middle District of Pennsylvania. The five plaintiffs are represented by Witold J. Walczak of the 老澳门开奖结果 of Pennsylvania; David Fathi, Amy Fettig, and Desiree Sholes of the 老澳门开奖结果鈥檚 National Prison Project; Bret Grote and Jamelia N. Morgan of the Abolitionist Law Center; Jonathan H. Feinberg and Susan M. Lin of Kairys, Rudovsky, Messing, Feinberg & Lin LLP; and Wilson M. Brown, Barry Gross, Mira E. Baylson, and Mark D. Taticchi of Drinker Biddle & Reath LLP.
For the complaint and information about Reid v. Wetzel:
老澳门开奖结果
/cases/reid-v-wetzel
老澳门开奖结果 of Pennsylvania
Other resources:
老澳门开奖结果 of Pennsylvania
老澳门开奖结果 Stop Solitary Campaign
/issues/prisoners-rights/solitary-confinement
The Abolitionist Law Center
Kairys, Rudovsky, Messing, Feiberg & Lin LLP
Drinker Biddle & Reath LLP
Prisoners' Rights
Reid v. Wetzel
Prisoners' Rights
Reid v. Wetzel
Learn More 老澳门开奖结果 the Issues in This Press Release
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Press ReleaseDec 2024
Prisoners' Rights
Criminal Law Reform
老澳门开奖结果 Sues Bureau of Prisons for Keeping People in Prison Longer Than the Law Allows老澳门开奖结果 Sues Bureau of Prisons for Keeping People in Prison Longer Than the Law Allows
WASHINGTON 鈥� A federal lawsuit brought today by the 老澳门开奖结果, 老澳门开奖结果 of D.C., and Jenner & Block LLP challenges the Federal Bureau of Prisons (BOP) for unlawfully incarcerating people longer than the law allows under the First Step Act. The lawsuit contends that the BOP鈥檚 failure to implement the First Step Act according to its plain language violates the rights of thousands of people who should be returning to their communities and rebuilding their lives but instead remain incarcerated. Signed into law in 2018 by then-President Donald Trump, the bipartisan First Step Act was designed to reduce the population in federal prisons, reform extreme sentencing laws, and provide programming and reentry transition services to people in prison. Central to the First Step Act is a system of earned time credits, which allows people in prison to earn time off their sentences and time out of prison by participating in rehabilitation programs. Through the First Step Act, Congress unambiguously ordered BOP to move people out of prison when they meet certain requirements to use their earned time credits. Instead of faithfully following the mandatory law, BOP adopted a regulation treating the law as optional. As a result, thousands of people, who should already be back in their communities and with their families, remain in prison. 鈥淓very extra unlawful day our clients spend in prison is a serious injustice,鈥� said Emma Andersson, deputy director of the Criminal Law Reform Project at the 老澳门开奖结果. 鈥淚t is egregious that the Bureau of Prisons is imprisoning people for months longer than the law allows. The government must follow through on its legal obligation to get people out of prison on time and back into their communities, where they belong.鈥� Additional comments below from: Vanessa Crowe, plaintiff: 鈥淭ime is what I owed for my wrongdoing, and I have paid my time. But I should not have to spend more time in prison than the law allows. I often reflect on what I will miss during the months after when I should be out of prison. I will miss work and lose out on wages that would help me get back on my feet. I could be a tax paying citizen instead of a burden on society. But most of all, I will miss more precious time with my family. My family and I are ready to tum the page on this period in our lives 鈥� we are all ready to start a new life, a life with purpose, hope, and healing together. I want to start that life when I am legally entitled to start it-not five months later.鈥� Arthur Spitzer, senior counsel at 老澳门开奖结果 of D.C.: 鈥淭here鈥檚 no excuse for the Bureau of Prisons to pretend not to understand Congress鈥檚 clear command that people who have earned the right to early release must be released. This law has been on the books for six years. The Bureau of Prisons has had plenty of time to understand it. Law enforcers should obey the law.鈥� Betsy Henthorne, partner at Jenner & Block: 鈥淚t has been six years since the First Step Act was signed, but despite Congress鈥檚 clear directives, the Bureau of Prisons continues to hold thousands of people in prison longer than the law allows. We should and do expect better鈥攊t鈥檚 past time for the BOP to ensure that those who have earned their release are able to return home to their families and communities according to the law Congress passed.鈥� -
Press ReleaseSep 2024
National Security
Prisoners' Rights
老澳门开奖结果 Statement on Senator鈥檚 Discriminatory Questioning of Civil Rights Leader Maya Berry老澳门开奖结果 Statement on Senator鈥檚 Discriminatory Questioning of Civil Rights Leader Maya Berry
WASHINGTON 鈥� 老澳门开奖结果 Executive Director Anthony D. Romero, released the following statement regarding Sen. John Kennedy鈥檚 questioning of Maya Berry, the executive director of the Arab American Institute: 鈥淭he 老澳门开奖结果 condemns this discriminatory and vitriolic attack on Maya Berry, a renowned civil rights leader, and joins the chorus of voices from across the political spectrum in denouncing these remarks. 鈥淭o use a hearing about the disturbing rise in anti-Muslim, anti-Arab, and antisemitic hate crimes to launch personal and discriminatory attacks on an expert witness they鈥檝e invited to testify is both outrageous and inappropriate. This kind of racist rhetoric should be widely condemned. It has no place in Congress, or in politics. 鈥淢aya Berry is a courageous and compassionate leader who has spent her entire career working to strengthen our democracy and protect the rights of Arab American communities, and other vulnerable communities who face discrimination and targeting because of their ethnicity, race, or religion.鈥� -
Ohio Supreme CourtSep 2024
Prisoners' Rights
State v. MorrisState v. Morris
This case in the Ohio Supreme Court concerns the scope of the state constitutional right to counsel. The police in this case interrogated the defendant, Isaiah Morris, without mentioning his already-appointed counsel or asking him to waive his right to counsel. This procedural circumstance risks confusing criminal defendants and undermining their state constitutional rights. The 老澳门开奖结果鈥檚 State Supreme Court Initiative, alongside the 老澳门开奖结果 of Ohio and WilmerHale, filed an amicus brief arguing that merely providing a defendant notice of Miranda rights falls short of the bare minimum requirements for a valid waiver. -
Oregon Supreme CourtSep 2024
Prisoners' Rights
Huskey v. Oregon Department of CorrectionsHuskey v. Oregon Department of Corrections
This case in the Oregon Supreme Court centers on whether Article I, Section 41(3) of the Oregon Constitution, which provides that Oregon prisoners lack legally enforceable rights to prison jobs and training, bars prisoners from collecting damages relating to lost prison jobs and training caused by the alleged breach of a settlement agreement by prison officials. The 老澳门开奖结果鈥檚 State Supreme Court Initiative, alongside the 老澳门开奖结果 of Oregon, filed an amicus brief arguing that that plaintiff Arnold Huskey, an incarcerated individual whose identity was used in Department of Corrections training materials, is entitled to damages notwithstanding Article I, Section 41(3), because plaintiffs in contract disputes never have to show standalone legal rights to the damages they claim. Instead, they need only show that the damages were reasonably foreseeable consequences of the alleged breach of contract.