Supermax Prisons and the Constitution: Liability ... - Supermaxed

ShelterShelter issues may arise in the ECU, dependinglargely on the age of the facility. Shelter encompassesthe overall physical environment of theunit, including lighting, heating, cooling, ventilation,noise, fire safety, and access to hygienematerials (e.g., toilet paper) and hot and cold runningwater. Examples of shelter-related litigationare highlighted below.Lighting. The usual claim has to do with inadequatelighting or natural light in the cell. A differentissue can arise in ECUs that leave some lighton in the cell all night to facilitatesecurity checks. Inmatesclaim that the constant lightdisturbs their sleep.Lighting was an issue in theWisconsin case (Jones’El v.Berge) discussed in the chapteron mental health issues.Inmates could turn their celllights from high to low, but notoff. Even at low, the light wasbright enough to read by. Testimonyconvinced the court thatthe constant lighting was particularlydisorienting to inmates with seriousmental illness. 68 In the settlement that followedthe court’s preliminary injunction, the defendantsagreed to lower the nighttime lighting levels inConditions thatthreaten the healthof inmates can bethe basis for afinding of crueland unusualpunishment.by a flashlight occasionally shining on them asofficers make rounds?Severe deprivation. In another case, concerningthe conditions of confinement at Oklahoma StatePenitentiary, an ECU inmate alleged that he wasstripped of his clothing and placed in a cell withouta mattress, blankets, or bedding and with minimaltoilet paper, no hot water, and inadequateventilation. Nighttime temperatures in the celldropped to the mid-50s. The inmate alleged thatthese conditions lasted perhaps weeks or months.The allegations were serious enough to warrant afull trial. 70Multiple issues. In 1996, aninmate at the Cook County Jailin Illinois alleged chronic pestinfestations in his living unit—claiming that roaches wereeverywhere and that roachesand mice frequently ran acrosshim at night—and stated aclaim under the EighthAmendment. 71 This case alsoincluded allegations that lightingin the inmate’s living unitwas so weak that reading hurthis eyes; the court said that the lighting problemwas sufficient to preclude dismissal of the issueand warrant further factual inquiry into theallegations.37Other Conditions of Confinementthe cells. 69The obvious lesson from Jones’El is that officialsshould examine (1) whether constant nighttimelighting is needed in the ECU and (2) how intensethe lighting must be to serve its purpose. Aresleeping inmates less disturbed by nightlights orSanitationOften closely related to shelter and/or food, sanitationissues are fairly straightforward. Conditionsthat threaten the health of inmates can be the basisfor a finding of cruel and unusual punishment.68Jones’El, 164 F. Supp. 2d at 1118.69Freeman v. Berge, 68 Fed. Appx. 738, 2003 WL 21462603 (7th Cir. 2003).70Mitchell v. Maynard, 80 F.3d 1433 (10th Cir. 1996).71Antonelli v. Sheahan, 81 F.3d 1422 (7th Cir. 1996).