New Pennsylvania Lawsuit Prompted by Mental Health Concerns Seeks to End Indefinite Solitary Confinement
Six incarcerated plaintiffs throughout Pennsylvania filed a federal class action lawsuit against the Pennsylvania Department of Corrections that would seek to end the indefinite use of solitary confinement. The lawsuit claims the practice is a violation of an inmate's constitutional rights.
Solitary confinement is a form of short-term isolation inmates can be subjected to. This tactic is often used as a form of punishment for inmates who breach prison policy or protocol. Other actions that can result in solitary confinement include inmates violating rules, engaging in violent behavior, or not following an officer's orders. The class action lawsuit argues that regardless of the reason that lands an inmate in solitary confinement, the practice is being misused and prompts mental health concerns among inmates.
The lawsuit alleges six counts, two of which include violations of the 8th Amendment, an individual's protection from cruel and unusual punishment, and a violation of the American Disabilities Act. Lawyers representing the plaintiff say the Department of Corrections is punishing people for symptoms of mental illness, and if they do receive visitation for mental health care, the care is provided through the single slot where food gets passed from prison staff to the inmate and lasts mere seconds.
The lawsuit says individuals who are incarcerated have suffered significantly increasing mental health struggles, struggles that are compounded by the use of solitary confinement. One plaintiff, 35-year-old Khalil Hammond, has spent 12 years in solitary confinement. Hammond also has a documented history of mental health illness which has worsened during his time in solitary. As a result, he has attempted suicide at least eight times and is ineligible to participate in programs that could help him qualify for parole.
In a statement accompanying the lawsuit, Hammond writes, “Solitary confinement is killing us. If you didn’t have mental health issues before going in, you do once you’re in the hole.” His statement adds, “Imagine being locked in a cage for years and years without ever knowing when you’ll get out.”
Another plaintiff, 29-year-old Malika Henderson, has been in solitary confinement for over 22 months at State Correctional Institution at Muncy. In total, she has spent an estimated six years in solitary confinement. While in solitary, she was unable to attend the funeral of her grandmother who passed away in February and has attempted suicide. Henderson shares in a statement, “I’m suffering but I know with this lawsuit I’m not just fighting for me, I’m fighting for the thousands of men and women who are in solitary just like me and who need to get out.”
Saleem Holbrook, the executive director of the Abolitionist Law Center, represents one of several law firms involved in the case. Holbrook shares, “Ending solitary confinement is necessary on grounds of humanity and as a matter of public health.” He adds, “The damage and devastation incarcerated people experience in solitary confinement has long-term and widespread consequences impacting individuals, families, and the communities those individuals return home to.”
While Holbrook calls this case a historic filing, it is not the only lawsuit of its kind. A similar lawsuit was filed In October 2023 that argued the state's solitary confinement practices have worsened and contributed to the increasing mental health rates of inmates.
Members of the state legislature are currently working on reforming how solitary confinement is implemented in the state and are seeking to protect vulnerable populations, including inmates who have a mental health diagnosis.
