Texas Death Row Inmates File Lawsuit Over State’s Use of Solitary Confinement

A group of Texas death row inmates has filed a federal lawsuit against the state’s prison system and its use of solitary confinement. The lawsuit argues that the prison system imposes cruel and unusual punishmentEighth Amendment and Cruel and Unusual PunishmentThe Eighth Amendment to the U.S. Constitution prohibits excessive bail, excessive fines, and cruel and unusual punishments. Its Cruel and Unusual Punishments Clause limits the types and severity of punishment the government may impose, including conditions of confinement and methods of execution.Read more → on death row inmates by placing them in solitary confinement indefinitely, and for reasons that could be remediated otherwise.

The lawsuit was filed in Houston federal court last week and represents the 182 male inmates currently sitting on death row. The lawsuit does not represent the several female death row inmates who are housed in a different facility, however. The lawsuit takes issue with the prison system's use of solitary confinement and explains that the conditions the men are in “addresses no legitimate security or penological need, and serves no purpose but to heighten the mental anguish.”

Attorney Pieter Van Tol who is representing the men shares, “The conditions on death row in Texas have been characterized as some of the most brutal death row conditions in the country. The plaintiffs are seeking relief from conditions that have been described as torture.”

One of the named plaintiffs, 54-year-old Mark Robinson, has spent 31 years on death row, with 21 of those years in solitary confinement. The lawsuit alleges that since Robinson's time in solitary confinement, he has seen an overall decline in his heart health and post-traumatic stress disorder. Additionally, the lawsuit claims his mental health issues have also been exasperated because of solitary confinement.

According to the Texas Department of Criminal Justice (TDCJ), solitary confinement is referred to as “security detention” and is only reserved for inmates who pose a danger to the prison system including individuals who are part of a prison gang, those who have committed serious disciplinary offenses, and those who are escape risks. A spokesperson for the TDCJ, Amanda Hernandez, shared that inmates who are in solitary confinement account for less than three percent of the prison system's population and that solitary confinement “is used judiciously” with systems in place that allow inmates to appeal their confinement.

Texas has one of the largest death row populations in the country with 199 inmates on death row, seven of whom are female. Additionally, Texas is one of 12 states that automatically places death row inmates in solitary confinement.

This lawsuit touches upon a similar case that is currently before the U.S. Supreme Court. in the case of Texas inmate Dennis Wayne Hope vs. Todd Harris, the use of solitary confinement is challenged as Hope’s lawyers argue his confinement is a violation of the constitution’s Eighth Amendment which bans cruel and unusual punishment. After attempting to escape from prison, Hope was put in solitary confinement in 1994 and remains there to this day.

The lawsuit brought on by the Texas inmates cites several studies linking solitary confinement to increased rates of depression, anxiety, and suicidal thoughts. Additionally, the lawsuit highlights that the state's failure to address mental health issues has further exasperated the psychological harm that solitary confinement causes.

In addition to the case being heard in the Supreme Court, Texas inmates voiced their defiance of solitary confinement by initiating a hunger strike on January 10th. Inmates released a press statement days into their hunger strike sharing, “Our protest will remain peaceful and span all races and religions to improve the conditions for ALL within the confines of the TDCJ.” The inmates’ hunger strike was a direct response to the state's seemingly habitual use of solitary confinement.

In 2013, a similar hunger strike unfolded in California after inmates contested that state's use of solitary confinement. The two-month hunger strike resulted in a 2015 settlement agreement in federal court with the state. The settlement consisted of California agreeing not to place inmates in solitary confinement solely based on their gang affiliation. The agreement also detailed that it would not keep inmates in solitary confinement indefinitely.