Published November 14, 2006

Federal judge orders Michigan prisons to end use of "torture" restraints

By Sven Gustafson
Associated Press

DETROIT - A federal judge has ordered prison officials in Michigan to immediately cease the use of non-medical, punitive restraints following the death of a mentally ill inmate who died after four days spent naked and shackled in an isolated cell.

U.S. District Judge Richard Enslen's sharply worded order, issued Monday, directly addressed the case of Timothy Joe Souders, an Adrian man who was serving up to 4 years for resisting arrest, assault and destroying police property.

Souders, 21, spent most of his last four days naked inside an isolation cell at the Southern Michigan Correctional Facility in Jackson, his arms and legs bound in shackles and sometimes lying in his own urine. He died Aug. 6, two hours after jail staff removed his restraints.

"The court finds that the defendant's practice constitutes torture and violates the Eighth Amendment," Enslen wrote in his ruling. "Its cessation is required immediately to prevent further loss of life, loss of dignity and damage to both inmates and correctional officers."

His order also requires the state's Department of Corrections to submit a plan within 45 days for how to improve mental health care for inmates. The state has contracted with Correctional Medical Services Inc., a St. Louis company, to provide health care to prisoners.

Souders' family last month filed a federal lawsuit against CMS.

Corrections spokesman Russ Marlan said the department was still reviewing the order and had no comment Monday. Following media reports that examined issues highlighted by Souders' death in August, Gov. Jennifer Granholm called for an independent review of health care in the state's prisons.

Enslen's ruling expands upon and orders reopened a long-standing class-action lawsuit against the Corrections Department regarding civil rights of inmates at state facilities in Jackson, said Jody Kent of the National Prison Project of the American Civil Liberties Union, which argued on the inmates' behalf.

"We are delighted by the court's decision to call for an immediate end to the use of non-medical restraints on prisoners and require proper mental health staffing," Patricia Streeter, a plaintiff's attorney, said in a written statement. "It is disturbing that this form of punishment is still used in this country."

The official cause of Souders' death has not been announced.

Robert Cohen, a court-appointed monitor who visited the prison shortly after Souders' death, said Souders took medicine for manic depression, psychosis and hypertension that left him at high risk for heat-related injury or death. Souders went without physician or psychiatric care but was reportedly monitored by nurses.

Enslen was highly critical of how inmates are afforded health care, a subject that has received much media scrutiny following Souders' death.

"The days of dead wood in the Department of Corrections are over," Enslen wrote.

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