Democratic Platform Backtracks on Solitary and the Death Penalty…and Other News on Solitary Confinement This Week

Seven Days in Solitary for the Week Ending 8/28/24

by | August 28, 2024

New this week from Solitary Watch: 

Solitary Watch published “Women in Solitary Confinement,” the eighth in a series of fact sheets that offer facts, analysis, and resources on a variety of topics related to solitary confinement in U.S. prisons, jails, and immigrant and juvenile facilities. The fact sheet states, “Solitary confinement is always harmful, but can be uniquely detrimental to incarcerated women, who enter prison with high rates of mental illness; past trauma; and other physical, medical, and psychological challenges that are worsened by time in solitary. Solitary Watch 

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We at Solitary Watch mourn the passing of Anthony Gay, who suffered for more than 22 years in solitary confinement and went on to become a powerful voice condemning the practice. Anthony was originally sent to prison in Illinois for seven years for stealing a few dollars and a hat. He had been diagnosed with bipolar disorder, major depressive disorder, and PTSD, and when he acted out in prison due to his untreated mental illness, he was convicted of additional offenses that added decades to his sentence. He spent much of that time in solitary, where he further broke down and carried out terrible acts of self-harm. Finally released in 2018, Anthony advocated for change, speaking in support of a bill to limit solitary in Illinois that bore his name. In 2022, he was sent to federal prison on a weapons charge that he denied. He was transferred to the hospital on compassionate release only days before his death from cancer, and passed surrounded by family. Over the years, Anthony was both an inspiration to us at Solitary Watch, and a source willing to share his story with us for several articles despite the trauma involved in reliving his time in solitary. He was a brave soul who suffered unjustly, and he will be missed. WTTW News

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This week’s pick of news and commentary about solitary confinement:

Democrats have released their 2024 Party Platform, and the section on criminal justice is notably brief, and weaker in significant ways than the 2020 Democratic Party Platform (which was released at the height of protests over the murder of George Floyd). As an analysis in Time points out, there is no mention of police brutality, but rather the statement, “We need to fund the police, not defund the police.” In another stunning omission, for the first time since 2012, the platform makes no mention of abolishing the death penalty. On the subject of solitary confinement, the contrast is subtle but still possibly significant. The 2020 platform stated: “Democrats believe prisoners should have a meaningful opportunity to challenge wrongful convictions and unconstitutional conditions in prisons. We also believe that too many of our jails and prisons subject people to inhumane treatment, and will work to end practices like solitary confinement for adults and juveniles, ban the use of restraints on pregnant federal inmates, and ban the use of chokeholds and carotid holds.” The 2024 platform states: “Democrats will…restrict state and local practices like solitary confinement, chokeholds, and restraints on pregnant inmates.” The current version focuses only on “state and local practices,” as if the federal Bureau of Prisons did not remain the single largest user of solitary confinement, with more than 10,000 people currently in solitary—something the president could change by executive order. The Platform’s statement on solitary is also significantly weaker than Kamala Harris’s position during her 2020 primary campaign. As the Time analysis points out, the overall tone is different as well. “By comparison, in the Democratic Party’s 2020 platform, they dedicated an entire section to ‘reforming our criminal justice system,’ explicitly calling out mass incarceration, saying the criminal justice system is ‘failing’ the nation, calling for an ‘overhaul [of] the criminal justice system from top to bottom’…There’s no mention of ‘mass incarceration’ in the 2024 platform.” Time

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At a recent rally for California’s Mandela Act, which would heavily restrict the use of solitary confinement, supporters learned that the law would not come to a vote this legislative year—a development they attributed to opposition from Gov. Gavin Newsom. “The governor has betrayed the progressive—or even moderate—values that he purports to uphold when it comes to solitary confinement, which he seems to have forgotten constitutes literal torture,” the CA Mandela Campaign said in a statement. Advocates also spoke about the possible dangers of AB 2547, a bill meant to ban solitary confinement for pregnant people. Davis Vanguard | Though AB 2527 began as a blanket ban, recent amendments allowed solitary confinement for pregnant women for up to five days, and ended protections for county jails. The bill is currently headed to Newsom’s desk, and advocates fear he will declare the legislation a significant solitary confinement reform. “Now California appears to be moving backwards on this issue,” Cynthia Mendoza, a formerly incarcerated advocate, wrote in an op-ed. “Why? Apparently to send a bill that purports to care about pregnant women to Governor Newsom’s desk, in order for him to turn into a tool to undermine real conversations for change.” OC Register

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Several immigrants’ rights groups, including the ACLU and Robert F. Kennedy Human Rights, released a new report detailing abuse and mistreatment at nine immigration detention facilities in Louisiana. The facilities are under the jurisdiction of the New Orleans ICE Field Office (NOLA ICE) and house the vast majority of the more than 6,000 immigrants currently detained in Louisiana. There, immigrants have faced inhumane conditions, including solitary confinement, cockroach-infested food, and physical and sexual abuse. “Our findings further support what detained people and their advocates have long demanded: the NOLA ICE jails must be shut down,” Sarah Decker, staff attorney at Robert F. Kennedy Human Rights, said. ACLU 

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A hunger strike is ongoing at two immigrant detention facilities in California, Mesa Verde and Golden State Annex, amidst allegations of mistreatment and violation of ICE policies. The protest, which began after ICE revoked a free phone call program, now includes over 60 strikers with demands for immediate reform. The strikers are calling for an end to abusive practices, including solitary confinement, and improved conditions, including a minimum wage raise and six-month case reviews for release. In addition, the protesters and their advocates argue that ICE should not renew its contract with the Geo Corporation, which runs the two facilities. The Guardian 

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An Arkansas county approved a $3 million settlement with the family of Larry Eugene Price Jr., who died from malnutrition and dehydration while awaiting trial in the county jail. The family’s lawsuit had accused the jail and its medical provider of neglect, citing Price’s stay in solitary confinement and rapid weight loss. Furthermore, inspections at the county jail revealed issues with overcrowding and understaffing. ABC News

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A new lawsuit filed against the Oregon Department of Corrections alleges wrongdoing in the death of Jesse Banks, who passed away while in solitary confinement. Based on evidence collected from an Oregon State Police detective’s notes, the lawsuit alleges that neglect and a possible cover-up took place during Banks’s death. Though staff were required to check on Banks—who had a history of mental health challenges—every 15 to 30 minutes, those checks did not occur for more than two hours after Banks’s death. The ensuing autopsy also did not mention the bloody N-95 mask found in Banks’s mouth. As a result, the lawsuit claims that Banks died from either strangulation or an increase in medication, which caused an overdose. Either way, the lawsuit claims, “the death was the product of a criminal act of intent or recklessness.” Oregon Public Broadcasting

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In a new op-ed, Frank De Palma—a formerly incarcerated writer and activist—argues that while Nevada’s limit on solitary confinement to a 15-day period is a welcome reform, it is only a step towards total abolishment of the practice. Drawing from the 22 years he spent in solitary confinement, De Palma called for active monitoring of the new law and continued discussions around solitary confinement. “The more people that understand this tortuous practice the quicker we will see its abolition,” De Palma wrote. The Nevada Independent 

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