Lawsuit Concerning Solitary Confinement of Disabled New York Prisoners in Brooklyn Allowed to Proceed as a Class Action
A significant class action lawsuit has been filed against the Department of Corrections and Community Supervision (DOCCS) and the Office of Mental Health (OMH) in Brooklyn, New York. The lawsuit alleges that these agencies continue to violate the Humane Alternatives to Long-Term Solitary Confinement Act (HALT) by subjecting incarcerated New Yorkers with disabilities to unlawful solitary confinement.
The HALT Solitary Confinement Law, enacted to protect vulnerable populations, prohibits the placement of people with disabilities in solitary confinement and limits such confinement to no more than 17 hours a day. However, plaintiffs in the lawsuit claim that DOCCS and OMH have continued to isolate hundreds of disabled individuals for up to 24 hours a day, exceeding the legal limits set by HALT.
One of the cases highlighted in the lawsuit is that of Maurice Anthony, a legally blind man who has been confined in solitary conditions for nearly the entire time since HALT took effect, often being held in his cell for up to 23 hours a day. Another case involves Andy Gneco, a 39-year-old Black and Hispanic man who has been incarcerated by DOCCS since 2019, despite his hearing and mental health disabilities, in violation of HALT's exemptions.
The court's decision to grant class certification is significant, as it allows the lawsuit to represent all individuals similarly affected by the alleged unlawful practices of DOCCS and OMH. The Legal Aid Society’s Prisoners’ Rights Project, Disability Rights Advocates, and Winston & Strawn LLP are involved in the case, emphasizing the importance of protecting the rights of vulnerable populations within New York's prison system.
This lawsuit underscores ongoing concerns about the treatment of incarcerated individuals with disabilities in New York state prisons, highlighting the need for compliance with HALT to ensure humane treatment. HALT, which went into effect on March 31, 2022, drastically restricts the permissible use of solitary confinement in prisons and jails throughout New York State.
Since HALT's implementation, DOCCS and OMH have instituted policies that allow DOCCS to place in solitary confinement people with disabilities, including those with post-traumatic stress disorder (PTSD), depression, cerebral palsy, epilepsy, speech disabilities, mobility disabilities requiring the use of walkers or canes, and people who are hard of hearing or have low vision.
The legal teams involved in the case hope that this lawsuit will bring about systemic change and ensure that no disabled person is subjected to the torture of solitary confinement in New York State prisons.
The HALT Solitary Confinement Law, aimed at protecting vulnerable populations, includes education and self-development by prohibiting the placement of people with disabilities in solitary confinement and limiting such confinement to no more than 17 hours a day. The ongoing lawsuit against DOCCS and OMH alleges these agencies violate this law, with some disabled individuals being confined for up to 24 hours a day, hindering their education and self-development.
