Time Has Come to Save Mentally Ill Inmates From Solitary Confinement

WASHINGTON — The Supreme Court issued a decision today ruling against Damon Landor, a Rastafari man whose dreadlocks were forcibly shaved by Louisiana prison officials in violation of his religious beliefs In a 6-3 decision, the court held that the Religious Land Use and Institutionalized Persons Act does not allow incarcerated people to seek monetary damages from individual prison officials, leaving people whose religious rights are violated in prison without a meaningful remedy in many cases. Statement from Daniel Mach, director of the ACLU’s Program on Freedom of Religion and Belief: “Today’s decision is a devastating blow to the religious freedom and dignity of incarcerated people. Prison officials held Damon Landor down and forcibly shaved his dreadlocks in violation of his Rastafarian faith, after throwing in the trash a copy of a binding federal court order confirming prisoners’ religious right to wear dreadlocks. By denying Mr. Landor a meaningful remedy, the Supreme Court has made it harder to hold prison officials accountable when they violate the rights of people in their custody. “Religious freedom does not stop at the prison gate, and civil rights are real only when they can be enforced. This decision sends a dangerous message that prison officials may escape accountability even for egregious violations of federal law. The ACLU will continue fighting to ensure that incarcerated people can practice their faith, protect their bodily autonomy, and seek justice when their rights are violated.” The ACLU’s amicus brief in this case is part of the Joan and Irwin Jacobs docket.

ACLU class-action lawsuit urges state of Colorado to release children from jails to community-based settings while awaiting decisions in their juvenile delinquency cases. Kids with disabilities and foster children are particularly vulnerable.

This case raises the question whether New Mexico courts should retire their current, federal-centric approach to interpreting the New Mexico Constitution—a method known as the “interstitial approach”—and embrace an independent approach that would allow them to more readily diverge from federal courts in light of New Mexico’s own law, history, and values. The Court’s decision could have major implications for New Mexicans’ ability to vindicate their state constitutional rights.

SAN FRANCISCO — Immigration and Customs Enforcement (ICE) agreed yesterday to provide immediate medical care for two individuals being held in the California City Detention Facility, after the individuals filed their petition for emergency relief. The agreement was entered as a court order by the federal judge in San Francisco overseeing the case. Earlier this month, Yuri Roque Campos and Fernando Viera Reyes filed the motion seeking medical care on an emergency basis after medical staff at the facility ignored their worsening health issues. A medical expert previously warned in a sworn declaration that any delays in medical care would lead to suffering and even possible death. The duo are represented by the Prison Law Office, Keker Van Nest & Peters LLP, the American Civil Liberties Union, and the California Collaborative for Immigrant Justice, and are part of an ongoing class-action lawsuit challenging the abusive conditions in the California City Detention Facility, California’s largest immigration detention facility. Quotes from co-counsel are as follows: “While we’re relieved that Mr. Roque Campos and Mr. Viera Reyes will finally receive the medical care they urgently need, ICE should have never denied them adequate medical care in the first place,” said Kyle Virgien, senior staff attorney at the ACLU’s National Prison Project. “Many more people remain at the detention facility, facing the same inhumane conditions that put these two men’s lives in jeopardy. We will continue to fight to ensure all people detained at the California City Detention Facility receive the medical care that they urgently need.” “It should not take a team of lawyers and a federal judge’s attention to ensure that people in ICE’s custody have access to adequate medical care when facing life-threatening medical issues,” said Cody Harris, partner at Keker Van Nest & Peters LLP. “We are relieved that our motion spurred the government to act after months of neglect. We now turn our attention to ensuring that the conditions and medical care at California City comply with the law.” “Yuri Roque Campos and Fernando Viera Reyes should not have had to wait months to get the medical care ICE knew they needed the moment they arrived at the facility,” said Tess Borden, supervising staff attorney at the Prison Law Office. “We’re not stopping with this win. We’ll continue to work to ensure that they— and everyone detained at California City — receive the medical care they need and are entitled to under the law.” The order is online here.