Lawsuit claims New York detains juveniles in solitary cells with no toilets

A recent lawsuit filed by the Legal Aid Society and Jenner and Block claims that teenagers as young as 12 years old in New York juvenile detention centers are being held in solitary confinement cells without access to plumbing. The lawsuit alleges that the New York State Office of Children and Family Services (OCFS) is routinely subjecting minors to prolonged solitary confinement in small, barren cells without the possibility of securing their release.

While the OCFS is supposed to provide minors in custody with several hours of educational programming and recreation, staff shortages and extended lockdowns have resulted in teenagers being confined in filthy and dehumanizing cells for up to 23 to 24 hours a day, sometimes for weeks or even months at a time. The lawsuit argues that this extended isolation exposes minors to severe mental distress and physical health risks, violating their constitutional rights and the Americans with Disabilities Act.

Although New York passed a law in 2022 limiting the use of solitary confinement in adult facilities, the law does not apply to the OCFS, which oversees five secure placement facilities for minors convicted of offenses in family or youth court. The Legal Aid Society’s chief attorney for juvenile rights, Dawne Mitchell, has called for an immediate end to these practices, emphasizing the need for appropriate care, including basic hygiene, education, and rehabilitative services for young individuals in state custody.

The suit includes three named minors who claim they are regularly subjected to prolonged solitary confinement without recourse by the OCFS, both as punishment and due to unit-wide lockdowns. These individuals are often left to eat alone in cells that lack plumbing, forcing them to use containers like garbage pails, bottles, or buckets to relieve themselves. The lawsuit describes the pervasive stench of waste that permeates these units, highlighting the degrading and inhumane conditions these minors are forced to endure.

All three plaintiffs reported experiencing mental deterioration during their time in solitary confinement, with one even being placed on suicide watch and contemplating a transfer to an adult prison. The mother of another plaintiff shared that her 17-year-old son suffers from frequent anxiety attacks due to the isolation, offering words of encouragement and support to help him cope.

Studies have shown that prolonged solitary confinement can have severe psychological effects on individuals, and teenagers, in particular, are considered especially vulnerable to these risks due to their developing brains. While the use of solitary confinement in U.S. prisons has been declining in recent years, factors such as COVID-19, understaffing, and overcrowding have led to extended lockdowns in many facilities, limiting access to essential services and exacerbating the hardships faced by incarcerated individuals.

In response to the lawsuit, the OCFS stated that it does not support or condone the use of isolation as a form of punishment, emphasizing the safety and well-being of youth in its care. The agency highlighted its protocols, which incorporate trauma-informed and mental health-responsive practices to ensure the protection of minors and staff within its facilities. However, the allegations presented in the lawsuit shed light on the urgent need for reform and improved conditions for minors in New York’s juvenile detention centers.