» Lincoln Hills:
Lincoln Hills must also reduce use of pepper spray
A federal judge issues a broad injunction requiring the state to drastically reduce the use of solitary confinement and pepper spray at Wisconsin’s juvenile prison complex.
MADISON - A federal judge on Monday issued a broad injunction requiring the state to drastically reduce the use of solitary confinement and pepper spray at Wisconsin’s juvenile prison complex.
Starting July 21, teen inmates can be punished with solitary confinement for a maximum of seven days — down from the current maximum of 60. Guards will be allowed to use pepper spray only to stop or prevent inmates from harming others.
U.S. District Judge James Peterson wrote in his order that the “provisions will drastically reduce the use of punitive restrictive housing, chemical agents and mechanical restraints.”
Peterson last month found teen inmates’ constitutional rights were likely being violated at Lincoln Hills School for Boys and Copper Lake School for Girls, which share a campus 30 miles north of Wausau.
He followed that up Monday with his detailed order, which he entered after reviewing proposals submitted to him Friday by lawyers for teen inmates and the Department of Corrections. The inmates sued department officials in January with the help of the American Civil Liberties Union of Wisconsin and the Juvenile
Law Center.
At least four other lawsuits have been filed over incidents at the prison, and the FBI is conducting a criminal investigation into prisoner abuse and child neglect there.
Department of Corrections spokesman Tristan Cook said agency officials are reviewing Monday’s order.
“Our primary commitment is to maintain a safe and secure environment where youth in DOC custody can thrive,” Cook said in a statement. “We have made widespread changes at Copper Lake School/Lincoln Hills School because we believe that providing quality education, mental health services and programming are integral to our work in preparing youth in DOC custody for success in
the community.”
Gov. Scott Walker’s administration has touted new policies that were put in place after agents and attorneys raided the prison complex in December 2015. Those include giving guards weeks of additional training and equipping them with body cameras.
But after a hearing last month, Peterson said the state had not made substantive changes when it came to reducing the use of solitary confinement.
The litigation is in its early stages and more changes could be coming for Lincoln Hills. The inmates are seeking to abolish the use of solitary confinement as a form of punishment.
“The court’s preliminary injunction just represents the first step toward reduction of solitary confinement, mechanical restraints and pepper spray at Lincoln Hills and Copper Lake Schools. We look forward to the day where the state eliminates these harmful and dangerous practices,” said a statement from Larry Dupuis, the legal director of the
ACLU of Wisconsin.
Under Monday’s order, inmates can be placed in solitary confinement as a form of punishment only for violent offenses at the institution, and not for breaking minor prison rules.
They can also be held in isolation temporarily if they are deemed to be a threat to themselves or others. A top prison official will have to sign off on holding any inmate for safety reasons for more than four hours.
Those held in solitary confinement for more than 24 hours will have to
have daily contact with a mental health provider. They will also have to receive routine access to social workers, programming and education.
Pepper spray, restraints curbed
Guards will be allowed to use pepper spray only to stop or prevent an inmate from harming someone else.
Videos were shown at a hearing last month of supervisors and guards using pepper spray for other reasons. In one case, an inmate was refusing
to go into her room. In another, an inmate would not take his hands out of the food slot in his cell door.
Under Peterson’s order, the prison will be required to conduct a review of past use of pepper spray to identify trends and find ways to reduce its use.
Peterson also put limits on the use of handcuffs and shackles at the prison. Inmates can be put in restraints only when they are being transported in a vehicle or when they are posing an immediate risk to themselves or others.