Coalition for the Legal Rights of People with Disabilities

Co-Chair, Stan Eichner, called the meeting to order at 10:15 a.m. and welcomed all to today’s meeting.  Introductions and the following announcements were made:

Stan opened up the presentation by introducing co-counsel Jim Pingeon, Director of Litigation at the Massachusetts Correctional Legal Services (MCLS) and Jim Rollins, Attorney with Bingham McCutchen, LLP. They, along with the Center for Public Representation (CPR) are representing DLC in its lawsuit against the Department of Corrections (DOC). (CPR’s Bob Fleischner, who is co-counsel in the suit, could not be part of the panel, due to a scheduling conflict.)

Jim Pingeon welcomed the opportunity to speak to CLRD on this lawsuit. He explained that MCLS is funded by the state to provide services to persons in Massachusetts prisons. One of MCLS’ priorities has been the treatment of persons in segregation, also known as solitary confinement.

The number of prisoners with severe mental illness who are placed in solitary confinement have greatly increased. Many prisoners are placed in segregation for weeks, months and even years at a time, and the time spent in segregation does not count towards their sentence. He gave an example of one prisoner whose original sentence was 18 months, but has been in solitary confinement for over 7 years. Jim described the dire situation of solitary confinement and how cell conditions vary from prison to prison.

Some prisoners are confined to their small, ‘coffin-like’ cell with a solid steel door with only a food tray opening. Others may have bars on their door with an additional solid door which can be opened or shut at the discretion of the prisoner or guard. Many prisoners exhibit feelings of despair and hopelessness. “Mental health treatment” is typically administered by therapists who communicate to inmates via their food tray opening. Because of the lack of privacy and the method in which this “treatment” takes place, other inmates and correctional officers overhear what is being said and taunt the inmate on what has been disclosed to the therapist.

What then happens is that the inmate in need of treatment refuses to reveal his issues to the mental health therapist and doesn’t receive the necessary treatment. In many cells where the food tray is the only opening, inmates will yell to each other as their only method of communication. For some, they enter prison without mental illness but conditions induce it. Conditions are extremely harsh; symptoms develop and cause mental breakdowns for many inmates.

Jim gave a history of the numerous efforts made over the last several decades where experts, psychiatrists, and legal counsel have challenged the courts and the DOC to address the many problems involving various segregation crises. On many occasions, the courts and DOC listened to what experts, etc. said, but changes and recommendations in the correctional system were either ignored or not carried out.

The previous DOC commissioner acknowledged that there were serious problems in segregation and that a need to create a higher security unit for people with mental illness would come. To make matters more abysmal, DOC created the Department Disciplinary Unit (DDU). This was formed to severely penalize a prisoner as it is known to have the most unsuitable, inhumane and harshest living conditions. The prison murder of a defrocked priest several years ago raised many questions about the safety of inmates in the state’s prison system.

Jim noted that numerous suicides in the segregation units have occurred within the last several years.  He acknowledged that many inmates exhibit suicidal disclosures and symptoms which are ignored by the DOC staff. From 1992-1996, it was reported that 17 inmates in segregation committed suicide. From November 2004 through January 2007, 11 more inmates took their own lives. In addition, four more prisoners in segregation committed suicide just prior to DLC filing this lawsuit.

Stan then explained the purpose of the Protection and Advocacy (P&A) role in this lawsuit as well as the empowerment and limitations of the P&A. He stated that there are now more people with serious mental illness in prisons than there are in psychiatric facilities. When Congress expressed a concern about protecting people with mental illness, the same concerns applied to all individuals with mental illness, whether they were in a hospital or prison facility.

Stan also found that when he, Rick Glassman (DLC’s Director of Litigation), Karen Talley (DLC Facilities Attorney) and psychiatric expert, Dr. Katherine Burns interviewed over 200 inmates, a number of similarities emerged. They found that many of the inmates were ‘state raised’, many were prescribed Ritalin for learning disabilities, were placed in special education programs, became high-school drop outs, placed in youth detention facilities, aged out, and then sent to prison for crimes committed. For many inmates, these were their first visitors in a long time. They welcomed the opportunity to talk about themselves and their situations. It was significant to them.

CLRD member Dianne Glennon noted that these individuals have needs that have not been met (literacy, anger management, etc.) and are punished for their actions. There is such a need for special education teachers in the prison system.

Stan added that MCLS shared DLC’s concerns regarding the brutal treatment prisoners were receiving, and a decision to proceed with an investigation was made. When Congress established the Protection & Advocacy (P&A), they bestowed strong and unique rights to certain agencies. It made sense for DLC to use the power of the P&A to undertake such an investigation.

He stated that there is no argument that many of the prisoners are men who are serving time for serious charges and need to be in a secured setting, but being placed in segregation has a more harmful effect. There is a need for a high level of security complemented with appropriate mental health services with the opportunity for them to get out of their cells at a certain time of day for therapy and other services.

DLC was pleased that Dr. Katherine Burns, a psychiatric expert from Ohio, was able to be part of the investigation. Dr. Burns has a wide-range of experience on the subject of correctional issues. Interviews were conducted at Cedar Junction in Walpole (in the DDU and 10 Block) and at the Souza Baranowski Correctional Center in Shirley, MA. A Demand Letter was sent to the DOC informing them of the issues that needed to be addressed. The complaint was filed in March. Stan referred to various exemplars in the complaint and recommended that members read the complaint to get an idea of how brutal their situations are.

DLC is still waiting to hear the DOC’s answer to our complaint. They have 60 days to answer.

Co-Counsel, Jim Rollins of Bingham McCutchen LLP, another major player in this lawsuit, addressed several other issues. Bingham McCutchen, LLP is an international law firm with close to 1,000 attorneys in more than a dozen locations. Bingham is pleased to provide pro bono legal expertise and vast resources to this litigation. Jim explained that Bingham’s large amount of resources will assist DLC and MCLS in getting results.

In addition to the impressive number of professional staff they can lend to this case, Bingham will provide technical assistance, document management assistance, and media resources. They have represented individuals with disability-related cases in the past and this case appealed to them. Bingham’s size, reputation, strength and significant resources will provide considerable assistance to this case. They have a good relationship with the courts and are pleased to be part of the counsel in this case.

Stan thanked his co-counsel for presenting and CLRD members who attended today’s meeting. It is a very important lawsuit, and we will keep members informed on its progress. 

Read the Complaint         Press Release