Virginia Prisons Accountability Committee

Thursday, January 10, 2019

WHEN NOTED "EXPRESS INDIFFERENCE": RED ONION STATE PRISON, MENTAL HEALTH and IT'S PRACTICE OF SOLITARY CONFINEMENT

As early as 1890: the U.S. Supreme Court in the case: In Re Medley, 134 US 160 [1890] dealing with Solitary Confinement or as it's currently nuanced euphemistically Administrative Segregation wrote:


"A considerable number of the Prisoners fell after even a short confinement, into a semi-fatuous condition from which it was next to impossible to arouse them, and other became violently insane; others, still, committed suicide; while those who stood the ordeal better were not generally reformed, and in most cases, did not recover sufficient mental activity to be of any subsequent service to the community."
That 1890 court concluded that Solitary Confinement is "an infamous punishment"

In 1988; The Seventh Circuit, U.S. Court of Appeals determined in Davenport v. Derobertis 844 F.2.d 1310: 

"That isolating a Human Being from other Human Beings year after year or even month after month can cause substantial psychological damage, even if the isolation isn't total".

The court went on to state "there is plenty of medical and psychological literature concerning the ill effects of Solitary Confinement [of which Segregation is a variant]

In 1995; The U.S. District Court for the Northern District of California, in Madrid v. Gomez 889 f.supp.1146 [A case so comprehensive in it's finding that the state of California didn't even bother to appeal] wrote:

   "Subjecting individuals to conditions [Solitary Confinement] that are "very likely" to render them psychotic or otherwise exacerbate a serious Mental Illness cannot be squared with evolving standards of humanity and decency, especially when certain aspects of those conditions appear to bear little relation to security concerns. A risk this grave      this shocking and indecent----simply has no place in civilized society".

In 2003 Human Rights Watch quoted a California Prison Psychiatrist in Human Rights Watch, Ill-equipped: U.S. prisons and offenders with Mental Illness 149-513 saying: "It's a standard psychiatric concept, if you put people in isolation [Solitary Confinement] they will go insane.......
most people in isolation will fall apart".

In 2005: in a case before the U.S. Supreme Court, Wilkinson v.Austin #04-495, also 545 U.S. 209.  A group of Psychologists and Psychiatrists filed a Amicus Curiae or Friend of the Court brief in support of Prisoners stating:


No Study of the effects of Solitary or Supermax-Like confinement that lasted longer than 60 days failed to find evidence of negative psychological effects".

Recently the fourth Circuit, U.S. Court of Appeals which has Jurisdiction over the Commonwealth of Virginia and four other states determined in the 2015 case, Incumaa v. Stirling 791 f.3d 517 [2015] that:

"[Prisoner] had liberty interest in avoiding Solitary Confinement in security detention, as required for his claim that his placement in Solitary for 20 years violated [U.S.] Fourteenth Amendment Procedural Due Process: [Prisoner] was subject to near daily cavity and strip searches, he was confined to small cell for all sleeping and waking hours aside from 10 hours of activity outside the cell per month, he was denied educational, vocational, and therapy programs, [Prisoner] was socially isolated, and confinement was indefinite."

In light of the above cited, quoted and excerpted authorities which are but a sample of the exhaustively comprehensive legal and Mental Health findings and works on practice of using Long Term Administrative Segregation or Solitary Confinement, of which contrary to recent noises by the Virginia Politicos and officials at it's flagship primary Solitary Confinement Prison, Red Onion State Prison [ROSP] that Solitary Confinement in VADOC has been reformed and done away with.

The practice of Long Term Solitary Confinement is alive and well and ongoing at ROSP, where a number of Prisoners have been detained in Solitary Confinement for over 20 years and counting of which I am one, experiencing identical conditions as the Prisoner in the Incumaa case, since 1996.
It is to the above-referenced works as back drop, that the Mental Health Department of ROSP, a Prison where Solitary Confinement is the Primary Form of detention. Gave the terse response "NOTED" in it's professional capacity to my question on:

"What is the current contemporary consensus from Mental Health Professionals on Psychological and physiological effects of Long term Solitary Confinement or Administrative Segregation".  [see response from ROSP Mental Health Department: "NOTED".

What is to be made of the situation where ROSP officials are indifferent and unwilling to recognize that a practice of detention utilized as their Primary Operational Model----Solitary Confinement is distinguished by negative critique extending over a hundred years?

By William Thorpe
William Thorpe is detained at ROSP in Solitary Confinement since 1998 

Related Articles & Links:

Wednesday, December 19, 2018

Correctional Staffs Disregard for life & Warnings Ignored With Cell Incompatibility Leads To Lethal Consequences At Virginia Sussex 1 State Prison


IS A PRISONER WRONG FOR DEFENDING HIMSELF WHEN THE VADOC WOULDN'T?


Reference: Everett Byrd #1632329
Cell incompatibility

*UPDATE*
December 19, 2018

Negligence of Sussex 1 State Prison 

I was housed in 2A27, with a man who was completely incompatible with me. We went to all the people with power asking to be separated. We filed paperwork and did face to face begging.

I pointed out the facts to Staff ~ say we were incompatible. Age, Race, time are [is] the main grounds! They were ignored. I told Sgt. Evans, I feared for my life her response was "go to the cell."

On January 11, 2018 My celli and I got physical and the altercation ended tragically! No weapons were used!

The [Virginia] Department of Corrections failed yet again to protect and serve leading to the death of yet another man! And putting the other on long-term segregation [Solitary Confienment]

Am I wrong for defending myself when DOC wouldn't?

Everett Byrd 
22years old

Dear People:
Please be informed this is another case of Institutional Staff unprofessional behavior that has resulted in another inmate losing his life and another one, the one referenced may end up with a charge of murder.

As this inmate explains he was put in a cell mistakenly and was promised he would be moved. He was not and after being in the cell a few days the problems started between him and his celli. He did many things to halt the coming altercation but no one helped him. He spoke with Lieutenants and other staff asking them all to move him out. He called home and spoke with his grandmother about it. He even got other inmates to sign a written petition detailing his need to be removed from the cell and they didn't pay him any attention.

After he and his celli began to fight at least two officers were on another pod and knew they were fighting and did not come to stop it. Inmate Byrd says they fought for 2 hours without a weapon and yet after the fight the other inmate later died.

This is a very tragic matter and the Staff is to blame for the inmate's death. They should be terminated. Someone besides inmate Byrd should be held responsible and should receive all repercussions.
Shaheed Omar

Click on arrows icon to read the entire PDF file ↓↓↓↓↓


*UPDATE* Everett has since been transferred to Red Onion State Prison

Everett Byrd is imprisoned in Virginia's prison system, serving his sentence at this time in Red Onion State Prison Write to him and show him support. His address is: 
Everett Byrd #1632329
Red Onion StatePrison
P.O. Box 1900
Pound, Virginia 24279


By Everett Byrd & In Collaboration with Shaheed Omar

Virginia Prisons Accountability Committee

Sunday, December 9, 2018

PRACTICE OF STARVING VIRGINIA PRISONERS BY i.e RED ONION STATE PRISON, CATHOLIC USE OF SOLITARY CONFINEMENT and OTHER EXTRA-JUDICIAL PRACTICES CONTRIBUTE TO PRISONERS CHRONIC MEDICAL CONDITIONS BY WILLIAM THORPE



If the General Assembly's Joint Legislative Audit and Review Commission is concerned with the rising cost of medical care for prisoners the within Virginia Prison system and it's Department of Corrections then the primary locus and orientation should be on prevention, styming causes that are within the Virginia Department of Corrections control, which the department already has a constitutional obligation to do. Under the United States Constitution 8th Amendment and Virginia Constitution Article 1 section 9 prohibition against cruel and unusual punishment.

" The Eighth Amendment prohibits the infliction of "cruel and unusual punishment," U.S. Const. Amend. VIII, this prohibition proscribes more than physical barbarous punishment. It also encompasses the treatment a prisoner receives in prison and the conditions under which he is confined. In particular, the Eighth Amendment imposes a duty on prison officials to provide humane conditions of confinement and ensure that inmates receive adequate food, clothing, shelter and medical care."  

Starving prisoners, Use of Solitary Confinement are also causes of prisoner chronic medical conditions.

A recent report by the Joint Legislative Audit and Review Commission presents an idealistic and one-dimensional conclusion that totally ignores that the very nature of how the Virginia Department of Corrections performs its duties, practically unaccountable to the Virginia taxpayer is a primary cause of chronic health issues among the prisoner population.

So for starters, if the food service departments of the various prisons i.e. Red Onion State Prison would obey the U.S. Constitution 8th Amend. requirement of providing prisoners with adequate food and comply with the Departments Master Menu and its provisions and stop starving prisoners, by using food as an ad-hoc extrajudicial punishment. Prisoners would be relatively healthy enough with a fortified immune system to resist levels of ailments that are currently precipitating and necessitating, heightened medical care of Virginia prisoners and its costs. 

Secondly, medicine has long determined that stress causes trauma which induces all sorts of chronic and extreme medical conditions and health problems and what is more stressful than the solitary confinement aspect of prison? Yes, despite this medical fact which the Virginia Prison officials have the professional responsibility and constitutional obligation of knowing and not violating.

The Virginia prison officials i.e. The Red Onion State Prison official has reduced the metric of their administration philosophy and its practice to crude but novel ways of confining prisoners in solitary despite contrary assertions and espousals of reform of the practice. So prisoners at Red Onion State Prison are confined in solitary, in conditions that cause hypertension, cardiac disease, atrophication, respiratory conditions due to the indiscriminate and violative use of OC Gas and spray inside the closed confines of cells.

"it has long been established that prison officials violate the Eighth Amendment by using "mace, tear gas or other chemical agents in quantities greater than necessary or for the sole purpose of infliction of pain."

Thirdly, if the Joint Legislative Audit and Review Commission finds the Department of Corrections mental health care prohibitive. A more practical and objective finding would have been, that the totality of practices of prisons i.e. Red Onion State Prison is contributive to the prevalence of chronic medical conditions and mental health issues among the prisoner population. Study in point prisoners is not sentenced to commit suicide in prison. Yet, Red Onion State Prison has had suicides which Virginias Government hasn't for all practical purpose investigated.

So if the Joint Legislative Audit and Review Commission is being objective and not performing another bureaucratic pro forma study that only highlights a conventional colloquialism. Then it should do what the medical and mental health community have consensus on: Preventative care and that will require a comprehensive critique of the Virginia Department of Corrections philosophy.

William Thorpe is in Solitary Confinement at Red Onion State Prison since 1998

Reference



Wednesday, November 28, 2018

Monday, November 12, 2018

WHO CARES IF WE SUFFER FROM POOR NUTRITION WRITTEN BY CHANELLE BURNETTE VIRGINIA FLUVANNA WOMEN'S CORRECTIONAL CENTER



"If at every doctor's appointment we are told that we are overweight and need to lose some, how are we to do such with what we are given to work with?

For each of the meals provided daily, the portion of starch is undeniably the largest! Lose weight? Caloric intake seems to simply be a number to abide by, even though the serving sizes are misproportioned. They just slap something on the tray for the sake of the job! Just to say "hey we fed them today"

Even though the vegetables were dirty and rotten...even though the fruit had been frozen, thawed and served because it was bought in excess.."hey we fed them today." Even though the staff is provided with bottled water and we drink the contaminated water and contract H.Pylori, "hey, at least we [prisoner] have water to drink."

What about the essential vitamins and nutrients necessary for good health? What about Vitamin C to fight off germs in a medical facility? Why all the processed meat that we don't eat go to waste? Why, when people are starving out there and it would be so simple and much more cost effective to serve things like tuna salad or egg salad?

What about the vegans and vegetarians? How many beans must they eat? How about more leafy, green vegetables for those of us whom are iron deficient and are forced to purchase a multivitamin from the commissary which contains no iron?

And what about Keefe Commissary Network that has once again raised prices to ridiculous amounts yet provide nothing healthy? They continue to rip us off for billions of dollars annually and people are still dying in a medical facility because we cannot even at least eat right to maintain our own good health!

So...Between Keefe and our own chow hall which is secretly interconnected, who cares if we suffer poor nutrition? As long as the rich get richer, who really cares?"

Written By Chanell Burnette

ABOUT THE AUTHOR
Chanell Burnette is currently a prisoner at Fluvanna Correctional Center for Women, she is a member of  Virginia Prisons Accountability Committee, Virginia Prisoner of Conscience as well as Coalition for Justice, She has expressed she is highly appreciative for any platform where "I am able to stand on and allow my voice to be heard, we all need an outlet to express ourselves from behind these walls"  we at "vapac" are giving her "her" platform, thank Ms. Burnette for sharing her story and  for being the first Women's submission.. 

Further Reading