More Horrors at Juvenile Prisons?
Suit charges strip searches at Lincoln Hills and Copper Lake.
Boys and girls at the Lincoln Hills and Copper Lake youth prisons are strip searched frequently, sometimes in the sight of other inmates, according to new allegations in a federal court lawsuit over conditions in the two facilities.
“In the LHS (Lincoln Hills School) solitary confinement wings, defendants have strip searched youth where boys across the hall could see the youth being strip searched,” the complaint says. “In CLS (Copper Lake School), defendants have strip searched youth in a room that has a mirror, so that people outside the room could see the girl being strip searched, and in a room with a camera that records video viewable by guards, including male guards.”
The amended complaint, filed Monday by the ACLU of Wisconsin on behalf of inmates and former inmates at the schools, also alleges that guards use pepper spray so indiscriminately that it affects inmates up and down corridors. The suit seeks class action status. (The original complaint is covered here and here.)
The suit alleges violations of the plaintiffs’ Fourth Amendment right against unreasonable search; Eighth Amendment right against cruel and unusual punishment; and 14th Amendment right to due process.
The spray made him feel like his body and eyes were burning, and made him nauseated, light-headed, and short of breath. The solitary cells also had pepper spray residue in them that burned his skin.
The defendants, officials at the two schools and the State Department of Corrections, have not yet responded to the new allegations. In their response to the original suit, they denied violating the youths’ constitutional rights.
The amended complaint alleges youth in solitary confinement at the prisons sometimes have to wait long for a guard to take them to the bathroom that they have accidents or must use cups to relieve themselves.
In addition, while youth in the general population generally get four to five hours of schooling per day, education is reduced to one hour per day for those in solitary and “there are also many days when no teacher comes and the youth do not receive any education,” the suit alleges.
A plaintiff, identified as R.N. was on suicide watch at Lincoln Hills, according to the complaint.
In one incident there, “he reached an electrical cord attached to a fan near his door, pulled it through the food tray slot, and wrapped it around his neck,” the complaint says.
Another youth, identified as A.V., was exposed to pepper spray about four times when guards were spraying other people, the complaint says. “The spray made him feel like his body and eyes were burning, and made him nauseated, light-headed, and short of breath. The solitary cells also had pepper spray residue in them that burned his skin,” according to the complaint.
Guards using pepper spray wore protective gear at times, but did not offer similar protection to inmates not the target of the spray, according to the complaint.
A girl was exposed to so much pepper spray targeted at someone else that it “made her cough up blood; the guards would not let her have her inhaler,” according to the suit.
Another inmate at Copper Lake was placed in solitary confinement for behavior like passing notes or being accused of having stolen gummy worms in her cell, according to the complaint. She was also repeatedly strip searched, “at times…in a room with a mirror that meant someone walking outside the room could see her, and in a room with a camera that guards—including male guards—could use to view her,” according to the complaint. “On one occasion a guard had a body camera activated during the strip search.”
An inmate in solitary is supposed to have one hour of out-of-cell time for exercise, but often is “on the belt” during that time; that is, his or her hands are handcuffed and attached to a belt around the waist.
“For the girls at CLS in segregation, if they receive out time, the hour of ‘out time’ includes their shower, a period of time of room cleaning, and a limited amount of exercise before they are locked back in their cells,” the complaint said. “If a girl has to go to health services or any other visit, that counts against her out time.”
Girls are occasionally allowed additional time – up to three hours a day – out of their cell.
A Lincoln Hills inmate was in solitary continuously or almost continuously since October 2016, according to the complaint. He was “on the belt” for almost that entire time.
“Recently the guards have started making the handcuffs of the belt tighter around his wrists, and using a shorter ‘leash’ to attach the cuffs to the belt around his waist,” according to the complaint.
The youth was strip searched where other boys could see him and “has been pepper sprayed so many times he can’t count them,” the complaint says. “He has been pepper sprayed for many reasons, even at times for not going into his cell, for covering up the camera, to make him get into the shower, or because staff said (he) was going to harm himself.”
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
- MKE County: County Officials Offer Antidote to Youth Prisons - Dave Fidlin - Feb 14th, 2019
- Delay in Closing Youth Prisons Criticized - Allison Dikanovic - Feb 4th, 2019
- Youth Justice Milwaukee: “We need action, not excuses.” - Youth Justice Milwaukee - Jan 30th, 2019
- County Picks Location for Youth Offender Facility - Allison Dikanovic - Jan 29th, 2019
- MKE County: County Prepares for Lincoln Hills Closing - Corri Hess - Jan 26th, 2019
- Problems Continue At State Youth Prisons - Laurel White - Jan 15th, 2019
- Youth Justice Milwaukee: Unacceptable Conditions Show We Can’t Wait for 2021 to Close Lincoln Hills - Youth Justice Milwaukee - Jan 14th, 2019
- State Rep. David Bowen Applauds New Governor Evers Visit to Lincoln Hills, Copper Lake - State Rep. David Bowen - Jan 14th, 2019
- Evers Will Visit Lincoln Hills - Shawn Johnson - Jan 3rd, 2019
- New Residential Treatment Facility Opens - Allison Dikanovic - Dec 19th, 2018
- 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