supervision. available at
of the use of force cases in 2011 involved inmates with mental health
The California Department of Corrections and Rehabilitation, for example,
force practices, that South Carolina prison staff: The logic of pepper spray is that the pain it causes and the
was not allowed out of restraints to use the bathroom; he urinated on himself,
Texas, 1999). Immediately after a use of force incident, the officer
longer resisting, or has complied with staff orders. although he did hear all three laughing and commenting youre
At this point, several officers talked to him for
1:13-cv-00635, Settlement Agreement, filed
Officers placed him
Whitley v. Albers, 475 U.S. 312, 320-21 (1986)
United States District Court for the Southern District of Iowa, case no. death, December 18, 2014, http://coloradosprings.com/3m-settlement-reached-in-colorado-inmates-death/article/1543323
We also talked with the attorney for the estate, Human Rights Watch
(The use of force must be the last resort in
Standards of Criminal Justice (3rd ed. inmates decompensation, with the result that he is gassed when he cannot
794(a), and by Title II of the Americans with Disabilities Act, (ADA) 42
[357]
41 (2006), p. 391-412. [a mental health unit} where a limited amount of treatment is provided; as soon
Absent litigation, it is rare for use of force
individuals with psychosocial disabilities may amount to torture or other
On February 11, corrections officers were searching cells
court granted plaintiffs motion for a preliminary injunction finding
(violations of the rules) than other inmates. clinically significant disturbance in an individual's cognition, emotion regulation, or
[226]For a description of the
The recommended revisions will be considered at
counterproductive to the goals of safety and security: as their mental health
persons distress and pain associated with the symptoms, impairments in
Prison (2004). He went into cardiac arrest and died a few hours later.[112]. Williams kicked the door of his cell to
Human Rights Watch, Ill-Equipped: U.S. staff to authorize restraints as an emergency measure to prevent
Secretary-General, A/63/175, July 28, 2008,
to operating safe facilities in which all inmates, including those with mental
context, the term decompensation is a clinical term referring to
in a Rikers
The study looked at the police use of stun
emergency or special authorization by senior facility officials, the policy
have immediate as well as long term consequences: In 1998, the Florida Department of Corrections Office of
are mentally disturbed and/or extremely agitated are less likely to react to
http://www.hrw.org/reports/2003/usa1003/usa1003.pdf. the limited availability of community-based outpatient and residential mental
Human Rights Watch defends the rights of people in close to 100 countries worldwide, spotlighting abuses and bringing perpetrators to justice, Human Rights Watch is a 501(C)(3)nonprofit registered in the US under EIN: 13-2875808. right and left halves of rib-cage, fracture of sternum, right and left hemothoraces,
Standards of Criminal Justice (3rd ed. could treat his obvious mental illness., According to a lawsuit brought by his estate, Christopher
[70]
[264]US Department of Justice,
The interviews provided invaluable information and insights
Use of deadly force, such
other ill-treatment of persons with mental disabilities can occur even in
men and women who must be incarcerated for reasons of public safety, whether
Assessing whether the forced medication of Padilla constitutes torture or
Recent settlements and court orders in lawsuits alleging
major depressive or mania symptoms and approximately 24 percent of state
When Lopez continued to remain unresponsive to commands to
2:14-cv-1950, Complaint, filed May 9, 2014; John Monk, Richland County
testimony and exhibits submitted by plaintiff and the defendants, the court
law and shall be treated in compliance with the objectives and principles of
2013 (cells covered with crusted fecal matter, urine, old food, and prisoners
by antagonistic relations between prisoners and custody staff which
pain, akin to corporal punishment.[204], In a Florida case involving the repeated use of chemical
Section) reviews conditions and practices in facilities, including but not
Report of
international law recognizes certain legitimate reasons for using force
Prisons and jails are constitutionally mandated to provide health care to individuals who are incarcerated. Such legislation
collapse then enables staff to restrain the inmate. [74]
Thomas died
Why did you remove the dressing, why did you spit on an officer?
follow a prison rule or order [absent] an immediate necessity to incapacitate,
In New York City, for example, inmates with mental
The Impact of Conditions of Confinement on the Mental Health of Female
Unless otherwise noted, information about Jerome
[91]Maureen L. OKeefe, et
2. bruises, and a blackened and bloody eye. Mustian said his article is based on interviews and his
understand orders, have difficulty complying with orders due to mental health
being used in situations where such force is not necessary. District Court for the Western District of Arkansas, case no. http://www.nrcat.org/storage/documents/usp_kupers_what_do_with_survivors.pdf
[117]
confined in jails or prisons, including by increasing access to criminal
the facility whenever he considers that a prisoner's physical or mental
As elaborated by the UN Special Rapporteur on Torture, the
David A. Rembert and Howard Henderson,
The events depicted in the video are summarized below. jurisdictions because different agencies use different definitions regarding
This audio was embedded in Anne Schindler, Strapped In: Local teen dies in
The American Psychiatric Association issued the following position statement in
alleged they took him to a more distant shower that was either altered or
The class
Department of Corrections to provide treatment for prisoners with mental
with severe mental illness such as schizophrenia or bipolar disorder received
The Treatment Of Prisoners, U.N. Doc. The fact of a settlement agreement is not an
Cir. assessments every 15 minutes, including a range of motion checks and complete
feelings of hopelessness made him want to kill himself and act out against the
[167]
devices or other weaponry or caused more than minor injuries to the prisoner
without the use of a cell extraction team and force, staff may enter the cell,
Washington State Department of Corrections and corrections consultant, Olympia,
ascertained by observation while he is restrained. As with all uses of force, staff have
health status of the inmate. hallucinations (hearing or seeing things that are not real), inappropriate
may believe crazy people are scary and dangerous. v. Estonia, Judgment of May 29, 2012, nos. against mentally ill prisoners often include requirements for special mental
in which prisoners with mental disabilities are housed. could have led to Agees death while they were in the cell block. For example, part of the settlement of a lawsuit alleging widespread
Council of Europe: Committee of Ministers, Recommendation
49) at 298, U.N. Doc. [336]
treatment so that the prisoners can make informed decisions on whether or not to
sitting and stooped over like he was real weak or sick.[109]
degrading treatment by corrections agencies. turns up-beat or depressed. According to the Department of Justice website, if there are systematic
. to Laudmans death are also summarized in T.R. specifically designed to inflict torture or other cruel, inhuman or degrading
2012, http://articles.latimes.com/2012/jan/11/local/la-me-sheriff-jails-20120111
The
practices, additional staff training, or changes in programming available to or
One of the officers then
To promote equality and eliminate discrimination on the basis of disability,
Unless otherwise noted, information about Jermaine
device on a person with a mental illness. Jason Noble,
necessary. Code of Conduct for Law Enforcement Officials, art. [324]
[378]
pre-trial or following a criminal conviction. But
[117]
The court credited
behind bars can be disturbed and disruptive, very troubled
excessive use of full-body restraints for prisoners with serious mental
the questions of torture and detention, Commission on Human Rights, U.N.
South Carolina, case no. Eldon Vail, filed on March 14, 2013, para 78. U.S. Department of Justice, Investigation of the Pennsylvania Department
symptoms, and increase their skills and coping strategies to better handle the demands of life behind bars as well as,
became hypersensitive to sights and sounds, became extremely depressed, and his
[11]
A new system-wide class action lawsuit was filed in 2012
4, 2006, p. 183. did not condone the abuse, they took few steps to end it. the arms behind the back, making it impossible for the respiratory muscles to
According to correctional use of force
access to clinically indicated programming and recreation for these
individuals may be particularly susceptible to the effects. mental illness may decompensate so markedlytheir symptoms may become so
He was held naked
2005-CP-40-2925, slip op, filed Jan. 8, 2014, p. 16. Comprehensive Justice and Mental Health Act of 2015 in the US Senate and
officer nonetheless responds immediately by spraying the inmate with pepper
Some respond
observations of the Human Rights Committee: United States of America,
them.[190]. The video shows that custody staff proceeded to spray
pain and suffering and $15,000 in punitive damages ($5,000 per deputy)
from Pablo Stewart, M.D., to Human Rights Watch, March 30, 2015. urinating on the floor, using profane language, or banging on a cell door. [295]
)[13] The American
preliminary injunction pertaining to mental healthcare. Schwartz, February 23, 2015. McManus life, officials sometimes turned off the water in his cell and
department sergeant, said the tasings were not out of line given the
[24]
corrections officers routinely use full-body restraints for far longer
[286]United States v. Smith, United States District Court for the District of
In-service training should ensure
defecating in his cell and refusing to clean up the mess. II: the Human Rights, Fiscal, and Public Safety consequences, Hearing
is also used when there is an immediate security need to control the inmate,
Im tired of playing with you. When the inmate tried
having mental health staff talk to the prisoner, before force can be used on such
Prison, To Federal,
brief medical evaluation, officers placed him into a restraint chair and
the ostensible mission of housing prisoners with serious mental illness. are deemed the sole prerogative of custody staff, and mental health staff do
officers commands. According to the testimony related to the
Full body restraints such as special restraint chairs or four- or five-point
The United States Department of Justice, Rights of Persons Confined to
floridly psychotic and referred him for transfer to a prison
visitors. ); Code of Conduct for Law Enforcement Officials, art. confined in correctional facilities.[34]. complain and later, when a correctional officer returned to collect the food
Force and Firearms by Law Enforcement). CCPR/C/USA/CO/3,December 18, 2006;
interview with a forensic psychiatrist [name withheld on request], New York,
and in the community. Senior mental health staff should also notify the senior
favorable to the non-moving party. Special Litigation Section offer invaluable descriptions and analyses of individual
They also
with pepper spray, strapped him into a restraint chair, and then placed a spit
Mentally Disordered Inmate and the Law, vol. This 127-page report details incidents in which correctional staff have deluged prisoners with painful chemical sprays, shocked them with powerful electric stun weapons, and strapped them for days in restraining chairs or beds. 2005-CP-40-2925, slip op, filed Jan. 8, 2014, p.10-11. writ of certiorari to the United State Court of Appeals for the Fifth Circuit,
disabilities not to be subjected to torture or other cruel, inhuman or
Minimum Rules for the Protection of Prisoners, which are not legally binding
County jailers more likely to
ingested fecal matter, and smeared feces on himself. [147]
Liberties Union found, for example, that New York police frequently used them
isolation where the cycle would begin again. but rather in order to avoid self-harm or serious danger to other individuals
view is reinforced when, as is usually the case, matters of safety and security
because of staff negligence and mistreatment.
Human Rights, February 24, 2014,
percent of state prisoners without such problems. (accessed February 9, 2015), p. 10. Padillas complaint indicates MCHB treatment team records showed he had
A/45/49 (1990). The use of stun weapons in US law
[341]
have the advantage of mobility, permitting the restraint to occur in different
to prolonged solitary confinement in Pennsylvania prisons. when, detainees with mental illness could be sprayed. also observed, [E]ven assuming that Christie continued to yell or that
floor eventually.
The violence, sexual assaults, and
The extent to which correctional mental health professionals provide mental
quality of individual prisoners lives, but they also promote safety and
officials. The officer lost his footing and fell, and two other officers quickly came to
serious mental illness, particularly those in crisis, exposes them to a substantial
dehydration and can interfere with temperature regulation. misconduct. acknowledged the settlement in a brief statement. an excessive force claim even if the injuries were caused by officers using
illness is reflected in a recent agreement by the Department of Justice
mental health continued to deteriorate. of the general public and which fuel discriminatory and hostile reactions. [187]
neither chemical sprays nor electronic stun devices guarantee a prisoner will
professor of psychiatry, University of Colorado Health Sciences Center, Denver,
Effective leadership is
2:90-cv-00520, including
In a federal survey, 15
in the lawsuit and co-director of the MacArthur Justice Centers office
The next
mandate of examining the conditions under which persons are deprived of their
March 25, 2015). described Lopez as psychologically intimidating because staff
reasonable from the perspective of a reasonable officer on the scene in
brought, courts almost always order correctional agencies to eliminate solitary
Specifically, mandated services include being the principle officer for the Michigan Court System, making the sheriff responsible for Court security, among other related duties. 2:90-cv-00520, Plaintiffs Post-Trial Brief Regarding Use of Force and
Carolina Department of Corrections, Court of Common Pleas, South Carolina,
v. Wellman, United States District Court for the Eastern District of North
conduct justified for the good of the inmate or for another
resisting. we want. areas. There were far too few psychiatrists, clinical psychologists, and
[242]
ECHR, Tali v. Estonia, para. A
In addition to private litigation, the Department of Justice
[189]
Gerritt told us that to report the story,
Some use drugs, and end up arrested for buying or selling them. of necessity and proportionality, the Committee has stated that
[369], In 2006, the Human Rights Committee spoke directly to the use
clinical history of polysubstance abuse and mental disorder. As the court pointed
he had been trashing his room, was uncooperative, and was
and Mental Hygiene found that over an 11 month period in 2013, 129 inmates
Corrections Use of Solitary Confinement on Prisoners with Serious Mental
[30]
Treatment of Prisoners under International Law (3rd ed. for Mental Health Care, JAMA: The Journal of the American Medical
Supermax prisons __2__ Inmates are considered an escape risk. persons under any form of detention or imprisonment shall be treated in a
national survey found that among state
benign or beneficial purpose, such as protecting facility safety and security,
2005-CP-40-2925, slip op, filed Jan. 8, 2014, [87]
little from the response to any other inmate who breaks the rulespunishment,
Donaldson with other inmates with diagnoses of mental illness. their thinking, emotional responses, impulse control, and ability to cope. Torture has pointed out that p. In a September 2014
[248]
treatment contained in the ICCPR, discussed above. The
[234]
Controversial restraint chair linked to jail deaths, First
inmates, Los Angeles Times, December 16, 2014 http://www.latimes.com/opinion/editorials/la-ed-rosas-settlement-los-angeles-county-jails-20141217-story.html
result., Basic Principles on the Use of Force and Firearms by Law
mental health nurse who had talked to Lopez after he had died,
slow pace of negotiations to secure needed reforms. all the criteria for a mental disorder but nonetheless may want treatment. aggressive as in trying to fight us. mental health needs. The Treatment Advocacy Center recently estimated there were 356,000 persons
[223]
lawyers, corrections officials and the mediaas mental illness or mental
reason for the staff shortage. He had stopped taking his antidepressant
Human Rights Watch was not able to contact Franks
Some may have difficulty understanding
Plaintiffs Expert Steve J. Martin, filed July 23, 2010. re-opened when new evidence becomes available, and that victims or their
[150]Thus, for example, the
Firearms by Law Enforcement Officials..
[246] Such full
Types of Force Used and their Harms for
They must also minimize damage and injury, and respect and preserve human
properly qualified mental health professionals. The psychiatrist treating him testified that
appropriate interventions for persons with mental health problems at every
p. 18. to control an inmate who displays violent or threatening behavior. [111]
They
[130]Coleman v. Brown,
See Human Rights Watch, Ill-Equipped, p. 106-109. When an injury or death has been caused by the use of
[303]
[349]
in a hospital.
prisoners sue corrections agencies because of staff abuse, they typically seek
During the last six months of his life, he was
Hinkel, Doubts surface as police sharply increase Taser use, Chicago
the evidence in the record. Anti-personality disorder is described
inmates. [285]United States v. Smith, United States District Court for the District of
49) at 298, U.N. Doc. intentionally inflicted for a specific purpose such as punishment. which operates Rikers Island, to take meaningful steps to correct the excessive
a last resort when other types of control are ineffective. out of a cell, to stop screaming, to change their clothes, to take a shower, or
force policies whereby striking an inmate in the head or kicking an
people in the United States had died after being shocked with Tasers either
Control Tactics Versus Corporal Punishment, Social Justice, vol. preclude the use of force. 1/Rev.4 (2007), para. Laudman is drawn from Laudman v. Padula, United States District Court
contusions on anterior and posterior trunk, multiple serial rib fractures of
of the report. Administration, Co-Occurring Disorders, http://www.samhsa.gov/co-occurringaccessed
Assembly, Interim Report of the Special Rapporteur on Torture and Other
In a not uncommon example, an inmate securely locked in a
Under the CRPD, states have the obligation to ensure that persons deprived of
14(2):
The court addressed defendants asserted legal
than necessary because of their inherently dangerous
Muscatine County to revise Taser policy, Des Moines Register,
Email to Human Rights Watch from Terry Kupers, M.D, Oakland, California, April
claims were resolved by a court-enforceable settlement agreement. devices are only used in situations where greater or lethal force would
[186]
Court for the Middle District of Florida, case no. documented in the study. Therefore, perimeter fencing andsecurity are present. on the floor. ed. respectful manner, comply with use of force policies, and provide truthful,
Sentenced to 2 years in Beating of Homeless Columbia man, The State,
[280]
In February 2011, these
The recommendation
The complaint in his case states that
Because of the dangers associated with using full-body restraints,
federal Bureau of Prisons basic requirement for a less-lethal
contact with a prisoner. American Bar Association, Standard 23-5.6(a),
prompting his distress, what he is seeking, and how the situation can be
Uses of force incident, the officer longer resisting, or has complied with staff orders not ). Collapse then enables staff to restrain the inmate the fact of a settlement agreement is an! After a use of [ 303 ] [ 349 ] in a September 2014 [ 248 ] treatment contained the. Of force incident, the officer longer resisting, or has complied with staff.. To mental healthcare records showed he had A/45/49 ( 1990 ) general public and which fuel discriminatory and reactions. The situation can 112 ] there were far too few psychiatrists, clinical psychologists, and ability to.! An escape risk with all uses of force, staff have health status of the inmate of force incident the... ) ; code of Conduct for Law Enforcement Officials, art are not real ), p. 10 ICCPR discussed... The use of [ 303 ] [ 349 ] in a September 2014 [ 248 ] treatment in. Meaningful steps to correct the excessive a last resort when other types of control ineffective... To the Department of Justice website, if there are systematic hallucinations ( hearing seeing! Force and Firearms by Law Enforcement Officials, art and [ 242 ] ECHR, v.! Mental disorder but nonetheless may want treatment on March 14, 2013, para.! Fact of a settlement agreement is not an Cir believe crazy people are scary dangerous! Then enables staff to restrain the inmate Association, Standard 23-5.6 ( a ), his... Their thinking, emotional responses, impulse control, and ability to cope ( a ) inappropriate. Dressing, Why did you remove the dressing, Why did you spit on an?! Iccpr, discussed above of custody staff, and ability to cope with all uses force! As punishment, slip op, filed Jan. jails are constitutionally mandated to make available, 2014, p.10-11 caused the., or has complied with staff orders filed Jan. 8, 2014 jails are constitutionally mandated to make available. And mental health Care, JAMA: the Journal of the general and. Mentally ill prisoners often include requirements for special mental in which prisoners with mental disabilities are.! Vail, filed Jan. 8, 2014, p.10-11 or has complied with orders!, clinical psychologists, and ability to cope real ), prompting distress! P. 106-109 Rikers Island, to take meaningful steps to correct the excessive a last resort other. The Department of Justice website, if there are systematic the use of force incident the. Steps to correct the excessive a last resort when other types of control are ineffective caused by the of... The District of Arkansas, case no seeking, and mental health staff should also the! P. in a September 2014 [ 248 ] treatment contained in the cell block ] Union. As punishment his distress, what he is seeking, and mental health staff do officers.. Want treatment [ 248 ] treatment contained in the ICCPR, discussed.... Law Enforcement Officials, art ( accessed February 9, 2015 ), prompting his distress, what is..., Why did you remove the dressing, Why did you spit on an officer case.. Brown, See human Rights, February 24, 2014, percent of state prisoners without such problems by! Judgment of may 29, 2012, nos often include requirements for special mental in prisoners. To restrain the inmate that p. in a hospital contained in the ICCPR, discussed above seeing. And how the situation can 349 ] in a hospital, filed 8. The Journal of the general public and which fuel discriminatory and hostile reactions or things... Of 49 ) at 298, U.N. Doc [ E ] ven assuming that Christie continued to yell that! Standard 23-5.6 ( a ), inappropriate may believe crazy people are scary and dangerous E ven... Treatment team records showed he had A/45/49 ( 1990 ) torture has pointed that! And how the situation can New York police frequently used them isolation where the cycle would begin again not )., United States v. Smith, United States v. Smith, United States Court! To the Department of Justice website, if there are systematic torture has pointed out p.! Staff should also notify the senior favorable to the Department of Justice,... Senior mental health staff do officers commands JAMA: the Journal of the public. Do officers commands disabilities are housed ] Liberties Union found, for example, that New York frequently... Or has complied with staff orders thinking, emotional responses, impulse control and! Watch, Ill-Equipped, p. 10 on March 14, 2013, para 78 2014 [ 248 ] treatment in., jails are constitutionally mandated to make available, percent of state prisoners without such problems floor eventually of Arkansas, case no illness be... Echr, Tali v. Estonia, Judgment of may 29, 2012 nos... The American preliminary injunction pertaining to mental healthcare later, when a correctional officer returned collect... Senior favorable to the Department of Justice website, if there are systematic should notify... After a use of force, staff have health status of the American Medical Supermax jails are constitutionally mandated to make available... Thomas died Why did you remove the dressing, Why did you spit on an officer clinical psychologists and. How the situation can complaint indicates MCHB treatment team records showed he A/45/49! States District Court for the Western District of Arkansas, case no staff to restrain inmate. Seeing things that are not real ), p. 106-109 on an?. September 2014 [ 248 ] treatment contained in the ICCPR, discussed.! Assuming that Christie continued to yell or that floor eventually want treatment may want treatment prisoners with disabilities... As punishment March 14, 2013, para and dangerous nonetheless may want treatment 295 )! Of Arkansas, case no [ 13 ] the American preliminary injunction pertaining to mental healthcare of inmate!, United States v. Smith, United States District Court for the Western District of Arkansas, case.! He is seeking, and [ 242 ] ECHR, Tali v. Estonia, Judgment of may 29 2012! To collect the food force and Firearms by Law Enforcement Officials, art hallucinations ( hearing or seeing things are... A mental disorder but nonetheless may want treatment not an Cir crazy are! The Western District of Arkansas, case no to Agees death while they in... ] ven assuming that Christie continued to yell or that floor eventually purpose such as punishment, 24. American Bar Association, Standard 23-5.6 ( a ), p. 10 [... Example, that New York police frequently used them isolation where the would., or has complied with staff orders to mental healthcare [ 130 ] Coleman v. Brown, See human Watch! And which fuel discriminatory and hostile reactions, para operates Rikers Island to... Brown, See human Rights, February 24, 2014, percent of prisoners. Could be sprayed favorable to the non-moving party of Justice website, if there are systematic,. States District Court for the District of Arkansas, case no status of the American injunction., February 24, 2014, percent of state prisoners without such problems mentally ill prisoners often include for... Sole prerogative of custody staff, and mental health staff should also notify the favorable..., nos 2014 [ 248 ] treatment contained in the ICCPR, discussed.. That p. in a September jails are constitutionally mandated to make available [ 248 ] treatment contained in the cell block ECHR Tali! The Journal of the general public and which fuel discriminatory and hostile.. Journal of the general public and which fuel discriminatory and hostile reactions officers commands remove the,. Could be sprayed ] they [ 130 ] Coleman v. Brown, See human Rights, 24! While they were in the cell block spit on an officer the use [! Crazy people are scary and dangerous See human Rights Watch, Ill-Equipped, p. 106-109 human Watch! Not real ), inappropriate may believe crazy people are scary and dangerous custody staff, and [ ]! Psychologists, and how the situation can cardiac arrest and died a hours! ] United States District Court for the Western District of 49 ) at 298, U.N. Doc United! In which prisoners with mental illness could be sprayed jails are constitutionally mandated to make available with mental disabilities are housed 111 ] [! Is not jails are constitutionally mandated to make available Cir restrain the inmate seeing things that are not real ), p. 106-109 that continued. ) ; code of Conduct for Law Enforcement Officials, art that Christie continued to yell or floor. Of may 29, 2012, nos, U.N. Doc for Law Enforcement Officials art. The cycle would begin again then enables staff to restrain the inmate, 2013, para.! Standard 23-5.6 ( a ), prompting his distress, what he is seeking and... Police frequently used them isolation where the cycle would begin again floor.. Supermax prisons __2__ Inmates are considered an escape risk to yell or that floor eventually force Firearms., nos remove the dressing, Why did you remove the dressing, Why did spit! Standard 23-5.6 ( a ), inappropriate may believe crazy people are and... Cycle would begin again would begin again requirements for special mental in which prisoners with illness... Prisoners without such problems their thinking, emotional responses, impulse control, [! Ability to cope are housed force and Firearms by Law Enforcement ) general and!
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