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Federal judge orders end to use of restraints as punishment for mentally-ill inmates
November 13, 2006 - 9:14PM
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KALAMAZOO
(NEWS 3) - A federal judge has ordered Michigan state prison officials
to stop the practice of punishing mentally-ill inmates in their cells
by using non-medical mechanical restraints. Judge Richard Enslen also
ordered the state to immediately improve psychiatric and psychological
staffing at certain state facilities in Jackson, in a sweeping
directive filed in Kalamazoo.
Issuing a preliminary injunction, Judge Enslen instructed state
officials to report back to him within 45 days on plans to meet his
order.
"This is an extraordinarily important decision because it is the
first in the country to ban the use of in-cell non-medical restraints,"
said Elizabeth Alexander of the ACLU National Prison Project, in a
statement to reporters. The ACLU had argued against the current
practice in a hearing about a month ago.
The death of a mentally-ill inmate identified as "T.S." in August
of 2006 was a central focus of testimony. State officials are still
apparently investigating the case. The ACLU says T.S. was left for four
days in an isolation cell, restrained by his wrists and ankles to a
cement slab, and that he apparently died of dehydration. Judge Enslen
likened the use of physical restraints in Michigan prisons to torture,
and points to a shift in U.S. government standards over the treatment
of foreign combatants at facilities such as Abu Ghraib in Iraq.
"If the punitive use of irons is to be prohibited as to foreign
unlawful combatants, then 'a fortiori' its use should be prohibited
within 'Hadix' facilities out of deference to those inmates
constitutional rights," writes Judge Enslen. "The Court finds that the
Defendants' practice constitutes torture and violates the Eighth
Amendment (of the U.S. Constitution). Its cessation is required
immediately to prevent further loss of life, loss of dignity and damage
to both inmates and correctional officers."
The judge, in his order, spelled out when physical restraints shall
still be allowed in the prison system. Among those conditions are
during transport between secure facilities, to provide safe services,
or to assist in quelling a riot or dealing with an escape attempt.
Judge Enslen's Order and Preliminary Injunction
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