Cunningham v. Federal Bureau of Prisons was a federal class-action lawsuit against the Federal Bureau of Prisons and officials who run ADX Florence, a supermax prison in Fremont County, Colorado. In 2012, 11 inmates filed the suit, originally named Bacote v. Federal Bureau of Prisons. [1] [2] The suit alleged chronic abuse, failure to properly diagnose, and neglect of prisoners who are seriously mentally ill. [3]
The prisoners were represented by the firm Arnold & Porter and the DC Prisoners' Project of the Washington Lawyers' Committee for Civil Rights and Urban Affairs. [4]
ADX Florence was not legally permitted to hold prisoners who were mentally ill. Prisoners at the supermax facility had filed 14 lawsuits prior to Cunningham. The class-action suit progressed through pretrial discovery. Discussions between the parties led to a settlement that included additional mental health screenings by medical professionals and a lifting of the ban on psychotropic medicine in the Control Unit of the prison. [5] As part of the settlement, Federal Bureau of Prisons officials agreed to changes in their mental health treatment protocols at ADX Florence. Federal officials also agreed to improved training of personnel on recognizing and responding to mental illness. [6]
United States District Court for the District of Colorado judge Richard Paul Matsch approved the settlement in December 2016. Due to the lawsuit, over 100 prisoners who had been diagnosed with mental illnesses were transferred to other facilities. [6]
Christopher J. Scarver Sr. is an American convicted triple-murderer who is best known for the murders of his fellow inmates Jeffrey Dahmer, a serial killer, as well as Jesse Anderson, a murderer, at the Columbia Correctional Institution in Wisconsin in 1994. Scarver used a 20-inch (51 cm) metal bar which he had removed from a piece of exercise equipment in the prison weight room to beat and fatally wound Dahmer and Anderson. Scarver was sentenced to two further life sentences for the murders of Dahmer and Anderson, after being sentenced to life in prison for the murder of Steve Lohman in 1990.
Fremont County is a county located in the U.S. state of Colorado. As of the 2020 census, the population was 48,939. The county seat is Cañon City. The county is named for 19th-century explorer and presidential candidate John C. Frémont.
Solitary confinement is a form of imprisonment in which an incarcerated person lives in a single cell with little or no contact with other people. It is a punitive tool used within the prison system to discipline or separate incarcerated individuals who are considered to be security risks to other incarcerated individuals or prison staff, as well as those who violate facility rules or are deemed disruptive. However, it is also used as protective custody on incarcerated individuals whose safety is threatened by others in order to separate them from the general prison population.
Incarceration in the United States is one of the primary means of punishment, penal labor and rehabilitation, for the commission of crimes or other offenses. Prison terms are typically reserved for those found guilty of more serious crimes, defined as felonies by state and federal legislatures. Over five million people are under supervision by the criminal legal system. Nearly two million people are incarcerated in state or federal prisons and local jails, 2.9 million people are on probation, and over 800,000 people are on parole. At year-end 2021, 1,000,000 people were incarcerated in state prisons; 157,000 people were incarcerated in federal prisons; and, 636,000 people were incarcerated in local jails. By year-end 2021, the U.S. prison population had declined 25% since reaching its peak in 2009. The nearly 1.2 million people imprisoned in 2021 were nearly six times the prison population 50 years ago, before the prison population began its dramatic growth.
Arnold & Porter Kaye Scholer LLP is an American multinational law firm. A white-shoe firm, Arnold & Porter is among the largest law firms in the world, by both revenue and by its number of lawyers.
The United States Penitentiary, Administrative Maximum Facility, commonly known as ADX Florence or Supermax, is an American federal prison in Fremont County near Florence, Colorado, operated by the Federal Bureau of Prisons, a division of the United States Department of Justice. ADX Florence, constructed in 1994 and opened one year later, is classed as a supermax or "control unit" prison, that provides a higher, more controlled level of custody than a maximum security prison. ADX Florence forms part of the Federal Correctional Complex, Florence, which is situated on 49 acres of land and houses different facilities with varying degrees of security, including the adjacent United States Penitentiary, Florence High.
A super-maximum security (supermax) or administrative maximum (ADX) prison is a "control-unit" prison, or a unit within prisons, which represents the most secure level of custody in the prison systems of certain countries.
The Metropolitan Correctional Center, Chicago is a United States federal prison in Chicago, Illinois, which holds male and female prisoners of all security levels prior to and during court proceedings in the Northern District of Illinois, as well as inmates serving brief sentences. It is operated by the Federal Bureau of Prisons, a division of the United States Department of Justice.
The United States Penitentiary, Atwater is a high-security United States federal prison for male inmates in unincorporated Merced County, California. The institution also includes a minimum-security satellite camp. It is operated by the Federal Bureau of Prisons, a division of the United States Department of Justice.
Thomas Edward Silverstein was an American criminal who spent the last 42 years of his life in prison after being convicted of four separate murders while imprisoned for armed robbery, one of which was overturned. Silverstein spent the last 36 years of his life in solitary confinement for killing Corrections Officer Merle Clutts at the Marion Penitentiary in Illinois. Prison authorities described him as a brutal killer and a former leader of the Aryan Brotherhood prison gang. Silverstein maintained that the dehumanizing conditions inside the prison system contributed to the three murders he committed. He was held "in a specially designed cell" in what is called "Range 13" at ADX Florence federal penitentiary in Colorado. He was the longest-held prisoner in solitary confinement within the Bureau of Prisons at the time of his death. Correctional officers refused to talk to Silverstein out of respect for Clutts.
The United States Penitentiary, Florence High is a high-security United States federal prison for male inmates in Colorado. It is operated by the Federal Bureau of Prisons, a division of the United States Department of Justice. USP Florence High is part of the Federal Correctional Complex, Florence, which is situated on 49 acres (20 ha) of land and houses different facilities with varying degrees of security. It is named "Florence High" in order to differentiate it from the United States Penitentiary, Florence ADMAX, the federal supermax prison located in the same complex.
Prison Legal News (PLN) is a monthly American magazine and online periodical published since May 1990. It primarily reports on criminal justice issues and prison and jail-related civil litigation, mainly in the United States. It is a project of the Human Rights Defense Center (HRDC), a 501(c)(3) non-profit organization.
The Maine State Prison was erected in Thomaston, Maine in 1824 and relocated to Warren in 2002. This maximum-security prison has a capacity of 916 adult male inmates with an average daily population of 900.
A communications management unit (CMU) is a type of self-contained group within a facility in the United States Federal Bureau of Prisons that severely restricts, manages and monitors all outside communication of inmates in the unit.
The Federal Correctional Institution, Beckley is a medium-security United States federal prison for male inmates in West Virginia. It is operated by the Federal Bureau of Prisons, a division of the United States Department of Justice. An adjacent satellite camp houses minimum-security inmates.
East Mississippi Correctional Facility is a men's prison located in unincorporated Lauderdale County, Mississippi, near Meridian. It is about 90 miles east of the capital, Jackson. Opened in 1999, the special needs prison is intended to provide a high level of care for up to 1500 prisoners with serious mental illness, at all custody levels.
In the United States penal system, upwards of 20 percent of state and federal prison inmates and 18 percent of local jail inmates are kept in solitary confinement or another form of restrictive housing at some point during their imprisonment. Solitary confinement (sometimes euphemistically called protective custody, punitive segregation (PSEG) or room restriction) generally comes in one of two forms: "disciplinary segregation," in which inmates are temporarily placed in solitary confinement as punishment for rule-breaking; and "administrative segregation," in which prisoners deemed to be a risk to the safety of other inmates, prison staff, or to themselves are placed in solitary confinement for extended periods of time, often months or years.
People with mental illnesses are overrepresented in jail and prison populations in the United States relative to the general population. There are three times more seriously mentally ill people in jails and prisons than in hospitals in the United States. Scholars discuss many different causes of this overrepresentation, including the deinstitutionalization of mentally ill individuals in the mid-twentieth century, inadequate community treatment resources, and the criminalization of mental illness itself. The majority of prisons in the United States employ a psychiatrist and a psychologist. There is a consensus that mentally ill offenders have comparable rates of recidivism to non-mentally ill offenders. Mentally ill people experience solitary confinement at disproportionate rates and are more vulnerable to its adverse psychological effects. Twenty-five states have laws addressing the emergency detention of the mentally ill within jails, and the United States Supreme Court has upheld the right of inmates to mental health treatment.
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