Virginia woman dies in custody after being tasered, placed in restraints and anti-spit hood

On February 3rd, a 5’3″, 130 pound Virginia woman was killed after six deputies tased her before locking her in restraints with an anti-spitting hood over her head. Natasha McKenna, who was 37 years old and suffered from schizophrenia from a young age, went into cardiac arrest before ever leaving the jail and later died at the hospital.

McKenna called 911 on January 25th to report she had been assaulted. After she was taken to the hospital for an examination, police realized they had a warrant for her arrest stemming from an alleged assault against a an officer. Ten days earlier, at a Hertz car rental agency, employees had noticed McKenna was “being disruptive and acting strangely.” After she assaulted an officer, police secured an involuntary detention order against her and she was held at a local Inova hospital for treatment. She was eventually released.

With the warrant in one hand and McKenna in the other, Alexandria police took her to jail on the 26th. McKenna remained in that jail for the next several days waiting to be transferred. Her condition deteriorated rapidly. By February 3rd, when six sheriff’s deputies lined up outside her cell in body armor, McKenna resisted and a struggle ensued. It was then she was tasered and would eventually die.

The Alexandria City Police Department released details on its investigation of the incident yesterday, but there are several important questions left unanswered. Continue reading

Montana legislature debuts bill prohibiting solitary confinement for minors, seriously mentally ill

A bill introduced in the Montana House of Representatives this week would curb the use of isolation in state prisons. The Montana Solitary Confinement Reform Act (or House Bill 490) was introduced by Democrat Jenny Eck and would ban solitary confinement for people under the age of 18 and those with severe mental illness. It would also introduce due process and appeal measures for inmates facing solitary and require weekly mental health evaluations for isolated inmates.

Over much of the past decade, prisoners in Montana have endured anguish and abuse in the state’s isolation units. In 2012, Montana reached a settlement with the American Civil Liberties Union (ACLU) in the case of a mentally ill juvenile detainee named Raistlen Katka. Katka was placed in solitary confinement for damaging prison property when he was just 17. The lawsuit stated he was “so traumatized by his deplorable treatment in the Montana State Prison that he twice attempted to kill himself by biting through the skin on his wrist to puncture a vein.” Katka later explained to a judge, “My thought process was if I don’t die, at least I’ll get out of my cell for 30 seconds.”

In the Katka settlement, Montana agreed to limit the amount of time young prisoners could spend in solitary confinement to 72 hours without additional approval. The state agreed to improve its treatment of mentally ill inmates in isolation as well.

But the situation had hardly improved one year after Katka. In a letter sent to Montana state officials, the ACLU and Disability Rights Montana (DRM) detailed the findings of a December 2013 investigation into the conditions facing mentally ill inmates in solitary, where they found that medication was routinely withheld from inmates and some were deliberately left undiagnosed by medical staff. They discovered mentally ill prisoners were being locked in isolation for extended periods of time — sometimes for a full 24 hours without exercise. Many of them were still deprived of basic necessities like proper food, clothing, bedding and human contact.

By April 2014, DRM announced it was suing Montana for the “cruel and unusual punishment” of its mentally ill prisoners, arguing their treatment violated the Constitution.

If this year’s HB490 is enacted, Montana state prisons would be required to put safeguards in place to stem this seemingly-uninhibited flow of inmates into its isolation units. Continue reading

Report: Incarcerated people more likely to suffer from chronic illness and infectious disease than public

The federal Bureau of Justice Statistics released a new report (PDF) this month on the health of incarcerated people in state and federal lock-ups from 2011-12. The study focused on both prisoners (i.e. people serving longer sentences) and jail inmates (i.e. people awaiting trial or serving shorter sentences), and found they were not only more likely to have had chronic medical conditions and/or infectious disease than the general population, but were also often denied prescription medication after admission. The report also mentions that incarcerated women and prisoners over 50 suffered at disproportionately higher rates from chronic and infectious medical conditions than the rest of the population.

Over 40% of prisoners and inmates surveyed by the bureau reported current, chronic medical conditions, defined as “noninfectious medical problems, such as cancer, high blood pressure, stroke-related problems, diabetes, heart-related problems, kidney-related problems, arthritis, asthma and cirrhosis of the liver.” Specifically, prisoners and jail inmates were 1.5 and 2 times more likely to report high blood pressure, diabetes or asthma than the general public (respectively) and their rate of diabetes and high blood pressure had nearly doubled from 2004. Around 24% said they had more than one chronic condition.

Additionally, about 21% of prisoners and 14% of jail inmates reported “ever having tuberculosis, hepatitis, or other STDs excluding HIV or AIDS, compared to 5% of the general population.” The bureau found that, across the board, incarcerated people were more likely to have had an infectious disease at some point in their life than others.

The bureau also found that 36% of prisoners stopped taking their prescribed medications upon incarceration because a doctor “did not think medication was necessary or that the facility would not provide the medication.” Continue reading

New wrongful death lawsuit raises more questions about coming Rikers Island reforms

On February 11th, the Associated Press reported that the mother of deceased Rikers Island inmate Quannell Offley was suing New York City for her son’s wrongful death. The lawsuit is one of many facing the city over Rikers Island and comes after months of reports detailing abuse and neglect by the city’s prison staff.

According to the lawsuit, Offley told prison guards on multiple occasions that he wanted to kill himself after being placed in solitary confinement. His final threat was met by a guard who said, “If you have the balls, go ahead and do it.” He was later found hanging from a bed sheet attached to an air vent in his cell.

Offley’s suicide came just a few weeks after Bradley Ballard, a schizophrenic and diabetic prisoner, also died in a solitary unit at Rikers. Ballard was locked in isolation for 7 days straight without water, exercise, shower, therapy or medication, and was eventually found unconscious on the floor, covered in feces and urine with a rubber band tied tightly around his badly-infected penis. When clinical staff finally arrived, just moments before Ballard’s death, the doctor refused to even touch him or enter his cell. In what would be the last of several severe violations of Ballard’s civil rights, the doctor instructed inmate workers to wrap his filthy, dying body in a bed sheet and remove him.

According to the New York Codes, Rules and Regulations, “A qualified medical practitioner […] is required to visit the SHU once in every 24-hour period to examine into the state of health of the inmates confined in such unit.” But security camera footage of the SHU where Ballard was confined showed medical staff skipping rounds or speaking with prisoners for little more than a minute at a time. Having been in isolation around the same time as Ballard at Rikers, Offley appears to have experienced similar neglect by medical staff in the unit. Continue reading

Report: Corizon’s “flagrantly inadequate, substandard and dangerous” care killed Rikers inmate Bradley Ballard

The New York State Commission on Correction released a new report this week, detailing the findings from its investigation into the horrific and preventable death of mentally ill black inmate, Bradley Ballard.

Ballard was left in his cell for six days straight in September, 2013. Guards shut the water off to his cell for over four days, and not once during that time was he treated for his schizophrenia and diabetes. On the rare occasion that he was seen by a medical worker, their talks did not last for more than a minute at a time. He was eventually found naked on the floor, covered in feces and urine with a rubber band wound tightly around his cut and infected genitals. Ballard would go into cardiac arrest just a few minutes after being removed from his cell and die from “diabetic ketoacidosis due to withholding of his diabetes medications complicated by sepsis due to severe tissue necrosis of his genitals as a result of self-mutliation.” The commission agreed with earlier assessments that Ballard’s death was, in fact, a homicide.

We’ve known a few of the major details of this case since his family filed a lawsuit on his behalf a few months back. But this report contains more explicit details of Ballard’s mistreatment that should reinforce the intense unease the incarcerated’ and their advocates feel over the continued role and impunity of Rikers’ for-profit inmate healthcare provider, Corizon Health Services, which will soon oversee inmate care in Rikers’ soon-to-be-constructed $14.8 million super-solitary unit known as the ESHU.

Between generous redactions, we are afforded a glimpse at the disturbing reality inmates face under the care of Corizon staff and Rikers’ corrections officers. You should read the actual report because you can’t beat primary sources, but I’ll admit it is a bit cumbersome given the heavy blocks of redacted text and it’s call-and-response format. I created this annotated version of the report to organize the components a bit more logically, which I hope is helpful to some readers.

The commission does not mince words or shy away from assigning blame. It calls out Corizon repeatedly and unequivocally for “substandard medical and mental health treatment.” They write that Corizon’s work was “so incompetent and inadequate as to shock the conscience,” and that Ballard would have survived had he received the appropriate care. Corizon staff are said to have shown “deliberate indifference to Ballard’s serious medical needs by collectively failing to provide the very basics of medical care and failing to take appropriate action in a timely manner to a medical emergency.”

Ultimately, the commission writes, “The lack of coordinated care for and mismanagement of Ballard’s [redacted] represents grossly negligent medical care by Corizon, Inc., endangered Ballard’s life and subsequently caused his death.” Continue reading

NYC Doubles Down on Solitary Confinement with Latest Rikers “Reforms”

The AP reports that the NYC Board of Correction (BOC) will vote this coming Tuesday on changes to solitary confinement on Rikers Island, including a new Enhanced Supervision Housing Unit (ESHU) for the prison’s “most dangerous” inmates and policies that seek to limit punitive segregation for other inmates, particularly the mentally ill and juveniles aged 16-21.

The proposed BOC rules also include:

  • Ending isolation for ‘owed time
  • Ending isolation for ‘minor offenses’
  • Exempting ‘seriously mentally ill’
  • Exempting juveniles aged 16-17
  • Capping solitary confinement at 30 days
  • Additional training for ESHU guards

The announcement of a $14.8 million ESHU is the latest piece of Mayor de Blasio’s Rikers Island reform package, and it is complicated by the fact that we don’t know what the programming or therapy regimen for its prisoners will look like. Such proposals are supposed to come out later this year. However, a former head of the Dept. of Mental Health & Hygeine voiced his skepticism over the plan when he testified at a public hearing last month, noting that “previous attempts to create special housing units for troublesome inmates that similarly claimed would provide therapeutic services ultimately turned into restrictive, punitive holding pens.”

And if you dig into the document, you can begin to see what he’s talking about. Continue reading

Rikers Island Reform: the Good, the Bad and the Omitted

After a summer and fall wracked with reports of violence, corruption and abuse on Rikers Island, it seems like change, in some form, is finally on its way. Growing protests over law enforcement brutality and the advent of prosecutions, federal lawsuits, committee reports and policy changes now conspire to face down many of the NYC Dept. of Corrections’ worst demons.

Some of the possible reforms have yet to germinate, such as those stemming from the Justice Department’s lawsuit aimed at improving conditions for juvenile prisoners. It could take months or even years before cases like these are resolved and begin to influence the situation on the island. The same goes for the slow drip of prosecutions against individual guards like Terrance Pendergrass and Austin Romain.

The most immediate changes, however, can and will likely come from Mayor de Blasio’s administration, which delivered its own plan to tackle some of the major problems facing the city’s prison system at the end of last year. De Blasio is taking aim at the out-of-control state of prison mental healthcare, made more imperative by a surge in the number of such inmates: roughly 40% of Rikers inmates have been diagnosed with mental illness.

Rikers reform has been trickling out of the mayor’s office for a few months now. In November, at a press conference in which the mayor alluded to some of the greater reforms he would propose a month later, de Blasio said the city would spend $15.1 million to triple the number of security cameras in its jails. He also ordered a new unit for transgender women and “proposed placing the most violent inmates in new units, called enhanced supervision housing, where they would be locked in their cells 17 hours a day.”

In December, the mayor’s task force provided a concrete outline for reform that attempts to reach beyond prisons to other parts of the system in hopes of breaking the cycle of incarceration. The plan also contains a strategy for ‘multi-agency teams’ to oversee implementation, measure progress and hold people and agencies accountable. Here are some of the more-promising and immediate changes listed in the task force report: Continue reading