In Guantanamo Bay, the term “Frequent Flyer Program” has never referred to airline incentive programs.

At Gitmo, the term meant targeted sleep deprivation in which Guantanamo staff move detainees every three hours from one cell to another to disrupt their sleep, a so-called “enhanced interrogation technique.” One detainee endured 112 bed moved from May 7 to May 20, 2004, according to the case Jawad v. Gates found on LexisNexis.

“Human beings need sleep. We all know this. When we do not get enough sleep or when the sleep we get is repeatedly disrupted, our ability to function — to focus, to treat others appropriately, to respond effectively to life’s daily challenges — will be severely compromised,” said Sharon Dolovich, PhD, in her talk on “Sleep Deprivation in Prison.”

Dolovich, a professor of law at the UCLA School of Law, presented her research March 3 at San Quentin’s Mount Tamalpais College. She spoke in detail about her research, her findings, and their implications for prisons, punishment, law, and policy.

Her research revealed nothing like the extremes at Gitmo, but for many incarcerated persons, the accounts still sounded distressing. Dolovich listed noise, excessive light, extreme temperatures, and uncomfortable beds as the chief external causes of lack of sleep for incarcerated persons. She also spoke of hunger, fear of violence, and daily humiliations, all of which disrupted restful nights.

“Residents are not the only ones unable to get enough sleep, Dolovich said. “Thanks to shiftwork and overtime (whether mandatory or voluntary), corrections officials, too, are chronically tired.”

“Many if not most people in a facility at any given time, staff included, are wrestling with the debilitating effects of persistent sleep deprivation,” she continued. “This shared state of impairment cannot help but impact the functioning of the institution and poison interpersonal interactions between and among residents and staff.” She said the same problem happened in jails.

The consequences of short sleep went further, taking the blame for serious medical conditions, from heart attacks to hypertension, cardiovascular disease, coronary heart disease, and stroke. Even increased risk for Alzheimer’s disease, insulin resistance, obesity, and Type 2 diabetes might arise from not sleeping well, according to the PowerPoint slides Dolovich showed the audience.

Dolovich said, “In prison, it is impossible to get at least seven hours of uninterrupted sleep,” to which the crowd reacted with nods of agreement. Dolovich then related some of the stories her study subjects had told her.

Resident John Levin later said, “I was intrigued by Professor Dolovich’s observation citing how those appearing in court were prone to nod off or look disinterested due to the systemic lack of sleep they experienced in county jail. This could translate into negative perceptions by jurors, which could ultimately affect the verdict.”

Several MTC students voiced their sleep disruption experiences with anecdotes of officers bumping into dorm bunks, their bright-white LED flashlights aimed directly at sleepers’ faces and walkietalkies broadcasting chatter at full volume at 2 a.m.

She said Eighth Amendment lawsuits over cruel and unusual punishment would not amount to a cure-all, but “if the goal is to change carceral practice, the litigation of sleep deprivation can help move the needle even when plaintiffs lose.” She recommended that “advocates should still bring these claims.”

The court dismissed Jawad v. Gates, the “Frequent Flyer” lawsuit.

Dolovich offered a list of policy fixes as remedies, such as real beds, decent mattresses, sufficient blankets, reasonable quality meals, air conditioning in summer and heat in winter, and staff training to respect sleep.

“No doubt, these proposals and others in a similar vein would be resisted by prison officials and policy makers,” she said.

“The state is obliged to reorient its policies. If it finds the costs too great to bear, the appropriate response — both morally and constitutionally — is to reduce the carceral footprint,” Dolovich concluded.