United Nations officials say long-term solitary confinement for juveniles equals torture, which can lead to anxiety and depression.
A lawsuit filed in federal court by the Legal Aid Society, on behalf of four Black detainees ranging in ages from 16-20, is seeking a remedy for abuses in solitary confinement, according to the New York Times.
DaMia Harris-Madden, Commissioner of the New York Office of Children and Family Services, is named in the lawsuit mainly because he oversees all the juvenile detention facilities.
“The lawyers claim that youth are often held in solitary conditions to alleviate ‘dangerously low’ staffing levels, and are forced to go to the bathroom in trash cans in their cells and then eat meals there,” according to the lawsuit.
Children as young as 12 are held in small, barren rooms for months at a time within five NY facilities. The lawyers for the youth claim that holding minors in solitary is prohibited, noted the Times.
In 2021, former NY Governor, Andrew M. Cuomo, signed into law, “The Humane Alternatives to Long-Term Solitary Confinement Act,” commonly known as the HALT.
The Act prevents jails and prisons from placing detainees in solitary confinement for more than 15 consecutive days, which does not apply to juvenile offenders, stated the NYT.
The agency relies on loopholes to justify the banned practice of solitary confinement for minors. Staffing shortages at the five facilities have created an environment where children are locked away for months.
A spokesperson for the NYOCFS would not answer questions about staff shortages, but said the agency does not endorse the use of solitary confinement for punishment, according to the New York Times.
Garrett, 16, from Brooklyn is a plaintiff in the lawsuit. He loves to read fantasy novels and play video games; the youth has been in solitary confinement for months at a time.
“[Garrett feels] anxious and depressed and often acts out to get attention and to mitigate the loneliness and isolation he suffers daily,” the lawsuit said.
The lawsuit filed in the Southern District of New York claims that Garrett was restricted to a cell for 22-24 hours a day during his first month at the Industry Residential Center near Rochester, in upstate New York, noted the Times.
According to the lawsuit, Garrett was not allowed to attend school or interact with his peers, “due to the perception that he posed behavioral problems.”
Emma-Lee Clinger, staff attorney for the LAS, said the state of New York is responsible for keeping the youth in their facilities safe, “yet the state is responsible for inflicting this most serious harm upon them.”