Judge finds ‘credible testimony’ prison staff harassed inmates
A federal judge ruled Monday there was “credible testimony” that Florida corrections staff harassed and threatened incarcerated men and women taking part in a civil rights lawsuit against the state over solitary confinement conditions and practices — prompting the judge to order increased protection against retaliation. U.S. Magistrate Judge Martin A Fitzpatrick found evidence exists of “actual overt retaliation by prison officials, as well as threats of retaliation.” The finding followed a five-day hearing, in which 11 inmates and many Florida Department and Corrections staff testified about concerns raised during recent interviews and inspections by attorneys leading the litigation.
“Credible testimony was presented that revealed retaliation exists and is feared,” Fitzpatrick wrote in an order Monday. “The inmates deserve the assurance that their participation in the discovery — and indeed the lawsuit — will not result in any negative backlash.” Concerns arose as attorneys with the Southern Poverty Law Center, Florida Legal Services, and the Florida Justice Institute — all representing the group of inmates who allege Florida’s use of solitary confinement is unconstitutional — began inspecting prisons to view conditions and speak to inmates, both at their cells and in private rooms for more extended interviews, the order said.
Inmates later reported officers had discouraged them from talking to the attorneys, sometimes with outright threats or by offering incentives to not participate in the suit, while others said they were retaliated against by being denied privileges or food after they spoke with attorneys.
Many inmates also alleged they were locked in shower cells for hours before their scheduled interviews, and attorneys noted officers and corrections staff stayed close by during their visits with prisoners, not giving them necessary privacy to speak candidly, the order said.
The attorneys requested an order to protect inmates from “retaliatory, chilling or harassing conduct,” that would prohibit officers from “improperly communicating” with inmates about the lawsuit, the order said.
FDC attorneys and Secretary Mark Inch opposed such a protective order, alleging the request was “overly broad and unmanageable,” and that current laws and policies already prohibit such conduct. They denied the specific allegations of retaliation or harassment against inmates and argued that, even if true, they were a “few isolated incidents.”
Fitzpatrick, however, pointed to a February 2020 internal memo Inch sent to remind corrections staff that FDC has “zero tolerance for retaliation of any kind,” which the judge said made clear such conduct was “sufficiently present to motivate the secretary to issue a memorandum,” the order said. A group of inmates filed the lawsuit in 2019, alleging Florida’s use solitary confinement is cruel and unusual punishment and violates federal disability guidelines, noting the state uses the practice at rates well above other states, despite “the substantial risk of harm caused by its isolation policies and practices.” the complaint said.
The suit claims that, on any given day, roughly 10% of incarcerated people in Florida — about 10,000 prisoners — are in some sort of solitary confinement, which FDC calls close management or restrictive housing.
FDC has argued its restrictive housing is used for many reasons, including safety concerns, and denied many of the allegations in court filings. A spokesman for the agency did not respond to questions about the new order Tuesday.
Inmates testified officers questioned the attorneys’ motives, reminded them to “act right” during their interviews and called them “snitch” afterward, the order said. Several said they were given an “air bag” or an “air tray” after speaking to attorneys, which is a food tray that appears to have a meal, but does not.
One inmate who already had a broken arm was told by an officer that “if he said anything to ‘those people,’ that possibly [his] other arm [could] be broken too”, the order said.
“Our clients, who are already suffering because FDC locked them in solitary confinement for extended periods of time, had to face threats and harassment for exercising their constitutional rights.” Kelly Knapp, senior supervising attorney at the Southern Poverty Law Center said in a statement Tuesday. “The cruelty displayed by employees of FDC must stop.”
Fitzpatrick ordered that corrections officers need to limit all conversation with inmates about their interviews with attorneys, remain at least 10 feet away during interviews that are not in a private room and limit the number of officers and higher-up prison officials in the vicinity.
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