WHEN DOES PRISON WITH SOLITARY CONFINEMENT AMOUNT TO CRUEL AND UNUSUAL PUNISHMENT?

The day after Thanksgiving your Clearwater Criminal Defense Lawyer received a call about prison conditions at the Coleman Federal Correctional Institution in Florida. The call came from a lady who believed her son was singled out for cruel and unusual punishment at the jail.

Here’s the gist of her questions to me:

Is solitary confinement cruel and unusual punishment in Florida Federal prisons?
Van Gogh, Prisoners, 1890

A few months ago another inmate threw a knife into my son’s cell. Since then my son has been punished for the knife by placement in the hole (solitary confinement), with only one phone call to me per month and many other losses of what little freedom he had….

My son did not co-operate in telling who threw the knife because he legitimately fears reprisals from inmates. Yet after all this time he has not been charged with any offenses from the knife incident. What can I do to get better conditions for my son?

The prison system of America holds a higher portion of the population than any prison system in the world. The over-crowded conditions in many American jails such as the Pinellas County Jail in Tampa Bay, Florida should be improved. For the most part the Bureau of Prisons has been held by Federal Judges to a much higher standard of care than most American state and local prisons.

Clearly all jails are allowed to punish and segregate prisoners who violate the law or violate prison rules by being found in possession or close proximity of weapons, drugs or other contraband. Even for rules violations long term solitary confinement should be deemed cruel and unusual punishment, yet our Government confines up to 80,000 prisoners in solitary confinement.
So what can be done for your son?
First, without being accusatory, simply contact the jail in writing with a factual statement of the circumstances your son is facing including the length of time spent in solitary confinement with details of any other deprivations. This puts the prison on notice that someone outside the system is alert, watchful and that your son is not forgotten. 
Then you should contact the psychologists, doctors and clergy (or faith-based community organization members) who are daily allowed into the jail making direct contact with inmates with the facts of the conditions your son is facing and request that they meet with your son as soon as they can. 
Your objective is to have as many eyewitnesses as possible to view his conditions, note his circumstances and if necessary to complain about his conditions. Once you have their statements in writing you can go to the Bureau of Prisons with a complaint or if the Bureau of Prisons fails to take action to file a Federal Habeas Corpus Petition to get him better conditions or free him.
Especially during this Holiday Season let him know he’s not forgotten and that you’re doing your best to help him. And with help from Clearwater Criminal Defense Attorneys we’ll be doing our best to help other prisoners survive the most difficult time of their lives.