Court rules lawsuit against solitary confinement of New York inmates can proceed

In a significant legal development, The Legal Aid Society, Disability Rights Advocates, and Winston & Strawn LLP have successfully obtained class certification and denied the State’s request to change the venue in a groundbreaking lawsuit challenging the unwarranted use of solitary confinement on incarcerated individuals with disabilities in state prisons in New York. The court’s ruling ensures that the case will progress on behalf of all affected individuals and will remain in Kings County (Brooklyn), where the plaintiffs originally filed the lawsuit to hold the Department of Corrections and Community Supervision (DOCCS) and the Office of Mental Health (OMH) accountable for systemic violations of the HALT Solitary Confinement Law.

This class action lawsuit, initiated in May 2024, represents incarcerated New Yorkers with disabilities against DOCCS and OMH for their continuous violations of the Humane Alternatives to Long-Term Solitary Confinement Act (HALT), a law enacted on March 31, 2022. This legislation places strict restrictions on the permissible use of solitary confinement in prisons and jails across New York State, specifically prohibiting prison and jail officials from placing incarcerated individuals with disabilities in solitary confinement.

Despite the clear guidelines set forth by HALT and the acknowledgment of the adverse effects of solitary confinement on individuals with disabilities, DOCCS and OMH persist in subjecting hundreds of incarcerated people with disabilities to solitary confinement, defined under HALT as “any form of cell confinement for more than 17 hours a day.”

Moreover, since the implementation of HALT, DOCCS and OMH have introduced policies that allow for the placement of people with disabilities, including those with PTSD, depression, cerebral palsy, epilepsy, speech disabilities, mobility disabilities requiring walkers or canes, and individuals who are hard of hearing or have low vision, in solitary confinement. These policies blatantly disregard HALT’s broad protection for all individuals with disabilities, perpetuating the harmful practice of solitary confinement in contravention of the law.

The legal representatives involved in this case have emphasized the significance of obtaining class certification as a crucial step towards achieving accountability and systemic change in addressing the use of solitary confinement on incarcerated individuals with disabilities. They are committed to continuing litigation to secure relief for all those impacted by this unjust practice.

The narratives of Maurice Anthony and Andy Gneco, two individuals with disabilities who have been subjected to solitary confinement despite HALT’s protections, highlight the inhumane conditions and mental anguish experienced by incarcerated individuals with disabilities in New York state prisons. The accounts of Mr. Anthony and Mr. Gneco underscore the urgent need to address and rectify the systemic violations occurring within the state’s prison system.

In conclusion, the legal battle against the unlawful use of solitary confinement on incarcerated individuals with disabilities in New York state prisons is a critical step towards upholding the rights and dignity of some of the most vulnerable individuals in the criminal justice system. The pursuit of justice for all affected individuals remains paramount in ensuring that no disabled person is subjected to the torture of solitary confinement in the state of New York.