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Ruling: DOC 'indifferent' to mentally ill inmates

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A recent ruling against Indiana prisons is the latest in a wave of federal court judgments finding that treatment of the mentally ill behind bars – in particular, subjecting those inmates to prolonged isolation – is unconstitutionally cruel and unusual.

Judge Tanya Walton Pratt of the District Court for the Southern District of Indiana on Dec. 31 ruled that a lack of basic treatment for mentally ill Indiana Department of Correction inmates held in isolation violates the U.S. Constitution’s Eighth Amendment. She concluded that, in accord with Brown v. Plata, 131 S. Ct. 1910, 1928 (2011), “[a] prison that deprives prisoners of . . . adequate medical care . . . is incompatible with the concept of human dignity.”

“Mentally ill prisoners within the IDOC segregation units are not receiving minimally adequate mental health care in terms of scope, intensity, and duration and the IDOC has been deliberately indifferent,” Walton Pratt wrote. “Based on the facts and law set forth in this Entry, therefore, it is the Court’s conclusion that the treatment of mentally ill prisoners housed in IDOC segregation units and the New Castle Psychiatric Unit, and the failure to provide adequate treatment for such prisoners, violates the Eighth Amendment’s proscription against the imposition of cruel and unusual punishment. The Plaintiffs have met their burden in that respect and are entitled to prevail.”

The case brought by the American Civil Liberties Union of Indiana asserted that about half of the 13 suicides at DOC over a recent five-year period were committed by mentally ill inmates held in isolation – a population that accounts for just 6 percent of prisoners.

“Now, unfortunately, the state is in the position of being told what to do” as a result of the court order, said Lindsay Hayes, project director for the Mansfield, Mass.-based National Center on Institutions and Alternatives, who monitored the Indiana case and has advised states facing similar litigation.

California, Massachusetts, New York, Pennsylvania and Wisconsin are among states in which federal courts have intervened after mentally ill inmates sued as a class over isolation in prison, Hayes said. NCIA has been involved in an advisory or advocacy role in several of those cases.

“The bottom line is, people with serious mental illness housed in isolation for a prolonged period of time, their mental illness only debilitates further, and there’s a higher incident of serious suicide attempts,” he said.

According to a 2006 National Institute of Corrections study, 41.1 percent of inmates nationwide in long-term detention were held in isolation or segregation at the time of their deaths.

The DOC has yet to determine whether it will appeal Walton Pratt’s ruling, in which the judge ordered a conference within 45 days “for the parties to discuss and establish the appropriate development of a remedy.” The case is Indiana Protection and Advocacy Services Commission on behalf of its clients and constituents v. Commissioner, Indiana Department of Correction, 1:08-CV-01317.

“We do what we think is all we can do” to prevent suicides, DOC spokesman Doug Garrison said. “We do have mechanisms in place to monitor those who have exhibited suicidal behavior.” He said it was important to note that mentally ill inmates held in isolation usually are “there for their behavior.” A common reason for placing inmates in isolation is violent behavior directed toward staff, he said.

DOC also is challenged by staff limitations, despite institutional safeguards to prevent suicides. “When you have to react to behavior that’s like that, sometimes it’s difficult in the best circumstance to frustrate someone who’s intent on ending their life,” Garrison said.

ACLU of Indiana Legal Director Ken Falk said during a news conference Jan. 2 that plaintiffs were sympathetic to the challenges DOC staff faces due to budget constraints, and both sides agree the problem is a societal one.

“These people are going to be released,” Falk said, estimating that 90 percent or more of the class of inmates covered by the ruling would be freed eventually. “The question you have to ask yourself as a Hoosier is, do you want someone released who is acutely psychotic?”

“There are a lot of good people at DOC and they like to provide more services than they can,” said Fran Watson, ACLU of Indiana vice president of litigation and a professor at the Indiana University Robert H. McKinney School of Law in Indianapolis.

Watson said she expects the state to appeal, but she said, “I also think what’s likely to happen is (the DOC will) take their obligation seriously under the federal court order.

“That said, it’s going to come down to resources,” she said.

Similar cases in New York and Massachusetts, for instance, have resulted in outcomes that required a commitment of resources, Hayes said. He said prison administrators in New York “agreed they need to do a better job of programming for seriously mentally ill,” and settled a federal case.

There, an agreement provided frameworks to identify the seriously mentally ill and to give inmates a level of due process that involves mental health staff when an inmate’s behavior rises to a level that isolation might be warranted.

New York and Massachusetts also have built alternative housing units for the seriously mentally ill or refurbished other facilities for that purpose, Hayes said. The units offer appropriate programming and require a much higher staff-to-inmate ratio, he said. “They’re used as an alternative to (inmate) placement into isolation.”

Hayes said such results, in part, represent an acknowledgement that there is a need to tailor specialized institutional care for the seriously mentally ill as had been common decades ago.

He said DOC can use the ruling to persuade lawmakers to fund appropriate care.

More than 1,600 segregation beds are spread among 14 correctional facilities around the state, including the psychiatric unit at New Castle. According to the ACLU of Indiana, about 450 mentally ill prisoners are being held in isolation, but the ruling will affect hundreds, if not thousands, of inmates across the state.

“It’s one of those problems society puts behind closed doors and you don’t want to look at it because it’s tough,” Watson said.•

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  • miserable
    A lot of state prisons and jails have miserable conditions. I applaud this decision. Lets do somethign to stop prisoner rape in the bad facilities, too.

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  1. This guy sounds like the classic molester/manipulator.

  2. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  3. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  4. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  5. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

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