News & Commentary

"F. Death by Neglect: Jerome Laudman and Lee Supermax Perhaps the single most deplorable solitary confinement unit in the South Carolina prison system is the cellblock at Lee Correctional Institution known as Lee Supermax. Department officials insist this is not a true maximum security unit and prefer to characterize it as the "cells with private showers." Lee Supermax cells do, in fact, have private showers controlled by security staff, but the shower drains are stopped up, according to inmate testimony. As a result, when the showers are turned on they flood the cells, leaving standing water six inches high. Inmates describe the cells as cold, vermin-infested, and filthy. On February 18, 2008 an inmate named Jerome Laudman was found in a Lee Supermax cell, lying naked without a blanket or mattress, face down on a concrete floor in vomit and feces. He died later that day in a nearby hospital. The cause of death was a heart attack, but hospital records also noted hypothermia, with a body temperature upon arrival at the hospital of only 80.6 degrees. Ex. 12 at 900-01, 909. On June 8, 2008 an internal investigator for the Department of Corrections issued a report on Mr. Laudman's death. Ex. 12. That investigative report is the source for the following information. Jerome Laudman suffered from schizophrenia, mental retardation, and a speech impediment. Ex. 12 at 908. According to his mental health counselor, Laudman had never acted in an aggressive or threatening manner. Id. at 909. On February 7, 2008 – eleven days before his death – Laudman was moved to Lee Supermax, purportedly for hygiene reasons, although no one admitted to ordering the move. Id. at 901-03. The move was videotaped per policy, but when viewed the tape played for "less than a few minutes" before going blank. Id. at 901. A correctional officer told the investigator that the lieutenant in charge physically threw Laudman, who was naked and handcuffed, into the Supermax cell, even though Laudman was not resisting. When the lieutenant realized he had placed Laudman in the wrong cell, he took him out and "shoved" him into the right cell, where Laudman, still handcuffed, fell on the concrete bunk. Id. at 901. According to his mental health counselor, Laudman was not on crisis intervention, even though he was placed in Supermax without clothing, blanket, or mattress. Id. at 902. The mental health counselor stated he was never made aware of Laudman's transfer to Supermax. Id. On February 11, one week before Laudman's death, a correctional officer saw him "stooped over like he was real weak or sick." The officer noticed food trays piled up. He considered notifying a unit captain or administrator about Laudman's condition but his supervisor advised him against it. Id. at 904. Two other Supermax inmates grew concerned that week because Laudman was "ignored by officers" and three or four days had passed without any noises from Laudman's cell. The inmates warned officers that Laudman was not eating, taking his medicine, or getting out of bed. Id. at 903-04. On the morning of February 18, Officer Shepard saw Laudman lying on the floor of his cell in "feces and stuff." Shepard notified his supervisor, but was told "not to stress about it." Shepard noted that Laudman stayed in the same position all morning. Id. at 905.

What do you call placing over 80,000 American prisoners in isolated environments for 22-24 hours a day for months or years or decades causing serious psychological damage that increases recidivism and prison violence and costs upwards of $75,000/annually per inmate? A complete failure. Today, the Senate Subcommittee on the Constitution, Civil Rights and Human Rights is holding the first-ever Congressional hearing on solitary confinement, titled “Reassessing Solitary Confinement: The Human Rights, Fiscal, and Public Safety Consequences” and the ACLU of Maine submitted written testimony detailing Maine’s success in reducing the use of solitary confinement at the Maine State Prison by more than 70% over the last year. You can read the ACLU of Maine testimony here. The hearing is a long overdue but encouraging sign that the Federal government is finally taking account of what is a fundamentally inhumane form of punishment. Nationally, Maine has become a leader in the movement to reduce solitary confinement.  As states struggle with rising prison costs and prison populations that are higher than any other country in the world, Maine’s success provides a roadmap for reform.  The United States has the highest incarceration rate in the world and keeps more people in prison and jail than any other country in the world including those with most repressive dictators. The vast majority of prisoners in solitary confinement are eventually released back into our communities.  Unfortunately, prisoners deprived of normal human contact cannot properly reintegrate into society, resulting in higher recidivism rates. Solitary confinement causes and exacerbates mental illness.  The mentally ill often deteriorate catastrophically in solitary, leading courts to consistently find that subjecting the mentally ill to solitary is cruel and unusual punishment, in violation of the Eighth Amendment. For more on what the ACLU is doing across the country, check out Stop Solitary.

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Yesterday Maine voters exercised their fundamental right with all of the rights they have come to depend on.  They could register at the polls, enroll in a party, and cast their ballot even if they forgot their wallet at home.  I am so proud to be part of an organization that helped protect voter access and to live in a state that understands government's role should be to help assist and support citizens' ability to get to the ballotbox.  In contrast, check out two recent clips from the Daily Show (the second here) discussing Florida Governor Rick Scott's new law requiring new voters to submit their completed voter registration forms within 48 hours of filling them out.  Even one minute over the deadline and the forms become void.  The law dramatically impacts the ability of organizations like our voting rights allies - League of Women Voters - to register new voters.  The law has reportedly already caused a 20% decrease in new voter registration and is layered on top of other new barriers to voting.  That despite no evidence that it's needed.  According to the Daily Show interview with Volusia County Supervisor of Elections Ann McFall, even those running elections in Florida don't support the law.  McFall states: "The law doesn't make any sense.  I don't see fraud in voter registration.  It just isn't happening."    Governor Scott has also ordered the purge of as many as 182,000 suspected non-citizens from Florida's voter rolls earlier this year, triggering a legal battle between the state and the U.S. Department of Justice who has determined that the purge violates federal voter-suppression laws.  I hope that as evidence mounts about the discriminatory impact and lack of need for the recent wave of voter suppression laws, the tide will turn and states (including ours) will, instead, look at ways to increase voter enrollment and participation.     

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