Courts have consistently found that long-term isolation for the mentally ill is cruel and unusual punishment, and solitary confinement can have shattering psychological effects even for people without mental illnesses. Litigation is one of the many ways the ACLU and its allies are working to put an end to solitary confinement. Established international law can also be effectively integrated into litigation and advocacy strategies.
Domestic Law Resources
- Edmund LaChance v. Commissioner of Correction, et al.: Amicus brief submitted by the ACLU National Prison Project and the ACLU of Massachusetts regarding the harms of solitary of solitary confinement and recent state level reforms in correctional practice
- Illinois v. Gay - Amicus Brief
- The Common Law of Supermax Litigation, David Fathi, 24 Pace L. Rev. 675 (2004)
- Report of Mental Health Issues at Los Angeles County Jail,Terry A. Kupers, MD, MSP (June 27, 2009)
- Los Angeles County Jails: ACLU Jails Project
- DAI v. OMH, No. 02-CIV-4002(GEL) (S.D.N.Y.)
- Complaint (S.D.N.Y. May 28, 2002)
- Settlement (S.D.N.Y. May 25, 2007)
- Expert Report of Terry Kupers, MD, MSP (PART I) (S.D.N.Y. June 1, 2005) (mental illness in isolation)
- Expert Report of Terry Kupers, MD, MSP (PART II) (S.D.N.Y. June 1, 2005) (mental illness in isolation)
- Expert Report of Steven J. Martin (S.D.N.Y. June 1, 2005) (mental illness in isolation)
- Settlement Agreement, Jones' El v. Litscher, Case No. 00-C-421-C, (W.D. Wis. June 24, 2002).
- Settlement Agreement, OP&A v Choinski, No. 3:03CV1352 (RNC) (D.Conn. March 8, 2004)
- Declaration, Silverstein v. Federal Bureau of Prisons, No. 07-CV-02471-PAB-KMT (D. Col. February 4, 2011)(redacted)
- Complaint, Presley v. Epps, No. 4:05CV148-JAD (N.D. Miss. June 22, 2005)
- Supplemental Consent Decree, Presley v. Epps, No. 4:05CV148-JAD (N.D. Miss. November 3, 2007)
- Expert Report of James Austin, Presley v. Epps, No. 4:05CV148-JAD (N.D. Miss. November 15, 2007) (classification)
- Expert Report of Stuart Grassian, MD, JD, KC v. Townsend, No. 6:09-CV-012, (N.D. Tex. August 31, 2009) (juvenile isolation)
- Expert Report of Anne M. Nelsen, MSW, MPA, KC v. Townsend, No. 6:09-CV-012, (N.D. Tex. August 31, 2009) (juvenile isolation)
- Wilkinson v Austin, 544 U.S. 74 (2005)(The procedures by which Ohio's new policy classifies prisoners for placement at its Supermax facility provide prisoners with sufficient protection to comply with the Due Process Clause.)
Search generally for decrees and settlements involving supermax prisons and solitary confinement at: http://www.clearinghouse.net/search.php (click on the case type of prison conditions, then look for cases by issue)
International Law Resources
Treaties and Conventions
Advocacy Documents
