[News] Challenge to "Supermax" Prisons Comes Before the Supreme Court
News at freedomarchives.org
News at freedomarchives.org
Mon Apr 4 08:58:10 EDT 2005
ACLU and Center for Constitutional Rights Argue Prison Rights Case Before
U.S. Supreme Court
March 30, 2005
FOR IMMEDIATE RELEASE
Contact: <mailto:media at aclu.org>media at aclu.org
WASHINGTON -- The American Civil Liberties Union of Ohio and the Center for
Constitutional Rights today presented oral arguments before the Supreme
Court in Wilkinson v. Austin, a case that will determine the due process
rights of prisoners at Ohio's notorious "Supermax" prison.
"This case presents the same issue as the Guantanamo cases decided last
spring," said Staughton Lynd, an ACLU of Ohio volunteer attorney and trial
counsel in Austin. "What due process is required before indefinite solitary
confinement can be imposed on any human being?"
In 2002, a federal district judge held that confinement at the Ohio State
Penitentiary creates an "atypical and significant hardship." Prisoners
housed in the high maximum-security unit are subject to extreme isolation
in tiny cells that fail to meet national standards established by the
American Correctional Association.
When it was first built, officials sent 100 prisoners to the Penitentiary
without notice or hearing, and before the state had written guidelines for
the classification of high maximum-security prisoners. Thereafter, the
vague guidelines adopted in August 1998 did little to prevent continued
arbitrary and haphazard placement. The Supreme Court agreed to hear Austin
on the question of whether this lack of procedure amounts to a violation of
prisoners' right to due process.
"The question is whether prison officials can continue to arbitrarily
assign prisoners to long-term solitary confinement without basic due
process protections such as notice of the charges against them and a
decision explaining the reasons for such placement," said Jules Lobel, a
Professor at the University of Pittsburgh School of Law and counsel for the
Center for Constitutional Rights. Lobel delivered oral arguments today
before the Court.
The ACLU has successfully challenged "Supermax" confinement in several
states including Connecticut, Virginia, Wisconsin, New Mexico and Ohio
since 2001. These institutions commonly require 23-hour solitary
confinement in cells with limited access to rehabilitative programs. The
stark living conditions have led to mental deterioration in some prisoners
and have proven dangerous to prisoners with preexisting mental illness. In
February, the ACLU's National Prison Project and Indiana affiliate filed a
lawsuit regarding Indiana's Supermax unit because conditions at that
facility had spurred four suicides and numerous self-mutilations by
mentally ill prisoners.
More information on the Indiana lawsuit is available at:
<http://www.aclu.org/Prisons/Prisons.cfm?ID=17413&c=121>http://www.aclu.org/Prisons/Prisons.cfm?ID=17413&c=121.
The ACLU's brief in today's case is online at:
<http://www.aclu.org/court/court.cfm?ID=17857&c=286>http://www.aclu.org/court/court.cfm?ID=17857&c=286.
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