Shocking Charges in Lincoln Hills Suit
Youth suffer excruciating pain, shackling, solitary confinement, ACLU suit charges.
Below are excerpts from the ACLU’s lawsuit against the state against Department of Corrections officials alleging shocking treatment of juveniles at the Lincoln Hills and Copper Lake juvenile prisons. The allegations are deeply, deeply disturbing. The state has not yet responded to them.
Lincoln Hills (LH) and Copper Lake (LH) hold 150-200 youth as young as 14 years old, according to the suit.
Currently, Wisconsin’s juvenile corrections officials lock up approximately 15 to 20% percent or more of the facilities’ young residents in solitary confinement cells for 22 or 23 hours per day. Many of these children are forced to spend their only free hour of time per day outside of a solitary confinement cell in handcuffs and chained to a table. Officers also repeatedly and excessively use Bear Mace and other pepper sprays against the youth, causing them excruciating pain and impairing their breathing. …
Many of these children are forced to spend their only free hour of time per day outside of a solitary confinement cell in handcuffs and chained to a table.
Maximum length of punitive “room confinement” allowed in post-trial youth facilities
For another look at juvenile solitary confinement, see “This is What Happens When We Lock Children in Solitary Confinement” in the January / February issue of Mother Jones magazine.
A cell in the segregation units is approximately seven by ten feet. The cell is entered through a large metal door which swings out. The door has a small glass window about nose height and one or two slots through which food trays are passed. Youth extend their forearms through the door slot before and after being placed in the cell so that the guards may lock or unlock the handcuffs they must wear when they are out of their cells. The single window to the outside is covered with bars. …
A light in the segregation cell stays lit 24 hours per day.
A light in the segregation cell stays lit 24 hours per day. The light is dimmed from approximately 10 p.m. to 6 a.m. but is not turned off. The segregation cells are dirty and smell like sweat and urine.
Defendants often sentence youth to solitary confinement even for infractions that do not pose a serious threat to safety, such as disrespecting staff, refusing to lock into a cell, or
Defendants often sentence youth to solitary confinement for periods of 30 or 60 days for a variety of offenses—especially when youth have been disciplined previously, or for fighting regardless of whether the altercation was likely to or did result in injury. Even when youth are charged with relatively minor rule infractions, they often spend up to 14 days in segregation while they await the issuance of a conduct report and a hearing, and then frequently get a few additional days from the hearing examiner as punishment.
The segregation cells are dirty and smell like sweat and urine.
Boys receive only a small amount of toilet paper and must request more when they need it. Boys also may not flush their toilets themselves, but must ask the guards to turn the toilet on to allow them to flush it. Because the girls’ solitary cells do not have a sink or toilet, the girls must push a call button and ask guards to be escorted to the bathroom. Guards sometimes take a long time to respond to requests to use the bathroom.
The girls must push a call button and ask guards to be escorted to the bathroom. Guards sometimes take a long time to respond to requests to use the bathroom.
Defendants also significantly limit the education youth held in solitary confinement receive. In the general population, the youth typically receive four to five hours of education Monday-Friday.
In solitary confinement, Defendants’ pattern and practice is to reduce this educational programming to a single hour outside the cell with a teacher who comes to the segregation unit and meets with about three youth at a time. During this time, they may be locked to a desk in the classroom.
In solitary confinement, Defendants’ … reduce this educational programming to a single hour outside the cell … During this time, (youth) may be locked to a desk in the classroom.
In addition, when Defendants put youth into segregation, they revoke access to the very programs which might help and rehabilitate the youth, such as Aggression Replacement Training (ART) and the Juvenile Cognitive Intervention Program (Phases I and II). If a youth misses more than a few sessions of any such program because he or she is in solitary confinement, Defendants require the youth to start the program over from the beginning.
Defendants require the youth to start the program over from the beginning.
Solitary confinement is particularly damaging to youth, who are still developing
physically, psychologically, and socially.Youth in segregation face a significant risk of serious mental harm. Solitary confinement negatively impacts juveniles by perpetuating, worsening, or precipitating mental health concerns, including but not limited to post-traumatic stress disorders, psychosis, anxiety disorders, major depression, hyper-vigilance, agitation, general lack of trust, suicidal ideation, suicidal intent, self-mutilation, and suicidal behavior.
… post-traumatic stress disorders, psychosis, anxiety disorders, major depression, hyper-vigilance, agitation, general lack of trust, suicidal ideation, suicidal intent, self-mutilation, and suicidal behavior.
The National Commission on Correctional Health Care (“NCCHC”), for example, issued a statement establishing that juveniles should not be placed in solitary confinement for any duration …
… juveniles should not be placed in solitary confinement for any duration …
The USDOJ’s Office of Juvenile Justice and Delinquency Prevention Standards for the Administration of Juvenile Justice … provide that no juvenile should be placed in room confinement for more than twenty-four hours.
…no juvenile should be placed in room confinement for more than twenty-four hours.
Gretchen Schuldt writes a blog for Wisconsin Justice Initiative, whose mission is “To improve the quality of justice in Wisconsin by educating the public about legal issues and encouraging civic engagement in and debate about the judicial system and its operation.”
More about the Lincoln Hills and Copper Lake
- Youth Justice Milwaukee Hosts Successful Roundtable with Elected Leaders on Youth Justice Reform - Youth Justice Milwaukee - Dec 12th, 2018
- Youth Justice Milwaukee Calls for More Community Input at Department of Corrections Community Meeting on Plans for Lincoln Hills Closure - Youth Justice Milwaukee - Sep 18th, 2018
- Youth Justice Milwaukee Statement on Judge’s OK to Lincoln Hills Settlement - Youth Justice Milwaukee - Sep 14th, 2018
- Youth Justice Milwaukee Statement on Lincoln Hills Incident with Young Person with Appendicitis - Youth Justice Milwaukee - Aug 31st, 2018
- Op Ed: Lincoln Hills Closed. Now What’s Needed? - Sharlen Moore - Aug 27th, 2018
- Wall Blasts Walker, Schimel on Youth Prison - Laurel White - Aug 13th, 2018
- Youth Justice Milwaukee: Department of Corrections Should Meet with Stakeholders in Milwaukee on Lincoln Hills - Youth Justice Milwaukee - Aug 8th, 2018
- Juvenile Corrections Reform Signed Into Law - State Rep. Evan Goyke - Apr 2nd, 2018
- Governor Walker Signs Bipartisan Juvenile Justice Reform Bill into Law - Gov. Scott Walker - Mar 30th, 2018
- Speaker Vos Statement: Signing of the ‘Wisconsin Model’ for Juvenile Corrections Reform - Wisconsin Assembly Speaker Robin Vos - Mar 30th, 2018
- Shilling statement on Lincoln Hills - State Sen. Jennifer Shilling - Mar 30th, 2018
- Rep. Bowen statement on passage of Wisconsin Model of youth justice - State Rep. David Bowen - Feb 21st, 2018
- Kleefisch-Bowen bill lays foundation for youth corrections overhaul - State Rep. David Bowen - Feb 13th, 2018
- Taylor and Bipartisan Legislators Introduce Juvenile Corrections Bill - State Sen. Lena Taylor - Feb 13th, 2018
- Walker Renews Call to Gut Services - State Sen. Lena Taylor - Jan 18th, 2018
- Supervisor Sequanna Taylor Offers to Help Governor Walker with Plan to Close Lincoln Hill and Copper Lake - Sup. Sequanna Taylor - Jan 18th, 2018
- Statement on Delayed Action at Lincoln Hills - State Sen. Jennifer Shilling - Jan 16th, 2018
- Governor Walker Calls on Legislature to Pass Bipartisan Reform for Wisconsin’s Juvenile Corrections System in 2018 - Gov. Scott Walker - Jan 16th, 2018
- Response to Walker’s revisions last night on Lincoln Hills - Democratic Party of Wisconsin - Jan 16th, 2018
- Another Walker Non-Answer on Lincoln Hills Raises a Significant Question - Democratic Party of Wisconsin - Jan 12th, 2018
- When Will Lincoln Hills Close? - Democratic Party of Wisconsin - Jan 9th, 2018
- Shuttering of Lincoln Hills a first step in bringing true rehabilitation for youth offenders - Common Council President Ashanti Hamilton - Jan 5th, 2018
- Career Politician Gov. Scott Walker Governs For Re-Election With Campaign Gimmick - Andy Gronik - Jan 4th, 2018
- Changes Needed at Lincoln Hills Now, Not After the Next Election - State Sen. Chris Larson - Jan 4th, 2018
- Walker agrees to do his job after years of willful neglect and political cover up at Lincoln Hills — now when it threatens his own re-election - Democratic Party of Wisconsin - Jan 4th, 2018
- Walker a Day Late and Dollar Short on Juvenile Corrections - State Sen. Lena Taylor - Jan 4th, 2018
- Governor Walker Announces Plan to Provide a Long-Term Solution for Wisconsin’s Juvenile Corrections and Treatment Systems - Gov. Scott Walker - Jan 4th, 2018
- Dana Wachs calls on Walker administration to close Lincoln Hills and Copper Lake - State Rep. Dana Wachs - Nov 16th, 2017
- Op Ed: Lincoln Hills Even Worse Than Reported - Jake Edwards - Nov 16th, 2017
- Close Lincoln Hills: Advocates and Officials Reiterate Call for Closing Abusive Youth Prisons - Youth Justice Milwaukee - Nov 16th, 2017
- 2018 Budget Includes $90,000 for Youth Training Program - Sup. Sequanna Taylor - Nov 6th, 2017
- Rep. Bowen statement on DOC Internal Affairs Unit - State Rep. David Bowen - Oct 10th, 2017
- Sen. LaTonya Johnson’s Juvenile Justice Reform Signed Into Law - State Sen. LaTonya Johnson - Aug 2nd, 2017
- Court Watch: Judge Rules on Lincoln Hills - Gretchen Schuldt - Jul 13th, 2017
- Federal Court finds current conditions of confinement for youth at Lincoln Hills and Copper Lake Schools unconstitutional - American Civil Liberties Union of Wisconsin - Jun 23rd, 2017
- Court Watch: Pictures of Youths in Prison - Gretchen Schuldt - Jun 20th, 2017
- Abele Blasts State on Juvenile Prisons - Gretchen Schuldt - Apr 27th, 2017
- Court Watch: ACLU Seeks Lincoln Hills Injunction - Gretchen Schuldt - Apr 20th, 2017
- More Horrors at Juvenile Prisons? - Gretchen Schuldt - Apr 19th, 2017
- Court Watch: Chemical Spraying Used At Lincoln Hills - Gretchen Schuldt - Jan 27th, 2017
- Court Watch: Shocking Charges in Lincoln Hills Suit - Gretchen Schuldt - Jan 25th, 2017
- Corrections Officials Face Community on Lincoln Hills - Jabril Faraj - Jun 22nd, 2016
- Precious Lives: A Debate Over Lincoln Hills Problems - Dee J. Hall - May 24th, 2016
- Op-Ed: End Solitary Confinement, Especially of Youth - Laurence J. Dupuis - Feb 18th, 2016
- Murphy’s Law: Why Walker Allowed Lincoln Hills Abuses - Bruce Murphy - Feb 16th, 2016