Solitary Confinement Linked to Personal Injury Claims
Posted on Sep 9, 2014 4:35pm PDT
The New York City Department of Corrections has noted a 37% increase in personal injury claims against the Department since 2013, with a 114% increase noted since 2009. This number has been attributed to the mental health of inmates and the increased use of solitary confinement.
Riker's Island Worst Offender for Solitary Confinement
A report published in August 2014 by the United States Justice Department noted that juvenile jails in the city are violent and unsafe, in large part due to an institutional culture of violence. Guards are routinely found to use unnecessary and violent force, and infringe on the rights of inmates.
One of the main complaints in the City's jail system was the overuse of solitary confinement for juveniles with mental and behavioral issues. It has been documented that over half of the inmates in New York City jails are mentally ill, and outbursts stemming from these illnesses are often dealt with by placing the inmate in solitary confinement. The worst offender is Riker's Island, where 40% of inmates have a documented mental illness and 15-25% of the adolescent inmate population were put in solitary on any given day.
In Riker's Island, solitary confinement is 23 hours alone in a cell, with an hour of outside recreation that can occur as early as 4 am. The time spent outside is spent in a small cage. Human interaction is limited to what is offered by jail staff.
The city responded to this complaint by requiring the tracking of solitary confinements. The report will be published quarterly and will detail aspects of their stay in solitary, including:
- Duration and frequency
- Use of force by guards or enhanced restraints
- Suicide attempts
- Rate of assault
- Ability to shower
- Recreation hours used
- Mental health diagnosis
Inmates are also no longer allowed to be placed in solitary for incidents that occurred from a previous stint in prison.
Solitary confinement has been showed to exacerbate mental health issues and can lead to increased violence and suicide attempts as a result. With the increase of lawsuits against New York City, it becomes clearer that solitary confinement can do serious harm for those with mental health concerns.
If a loved one is in jail and suffers increased mental health issues due to placement in solitary confinement, consult a personal injury lawyer to discuss what actions may be taken.