Civil rights groups sued Wisconsin seeking improvements at a youth prison because guards there are still abusing children despite state and federal investigations.
The American Civil Liberties Union along with the Juvenile Law Center filed a federal lawsuit this week asking a judge to limit solitary confinement, mechanical restraints and the use of pepper spray at the Irma facility. State investigators spent all of 2015 probing allegations of widespread abuse at Lincoln Hills. The FBI has since taken over the probe.
A number of state prison officials have resigned or retired in the midst of the investigations. But no one has been charged and the FBI has said nothing about the investigation’s progress.
ACLU attorney Larry Dupuis said during a Milwaukee news conference that his group had hoped the investigations would prompt changes at the prison. But he said guards continue to violate inmates’ constitutional rights by locking them up in solitary confinement, chaining them to desks and pepper spraying them for minor infractions, prompting the ACLU lawsuit. During a visit to the prison in October, Dupuis said, he saw a boy get pepper sprayed and dragged off because he wouldn’t remove his shoes.
“Usually when ACLU shows up at a prison, (guards are) on their best behavior,” Dupuis said. “We were shocked by what we heard and saw for ourselves. If I had any reason to believe something was coming in the investigations, we may have held off.”
FBI spokesman Leonard Peace declined to comment, saying the investigation was ongoing. State Department of Corrections spokesman Tristan Cook declined comment as well.
The ACLU and the law center filed the lawsuit on behalf of three children currently held at the prison and one child who was held there before he was moved to a mental health facility.
The filing alleges on any day up to 20 percent of the prison’s population is held in solitary confinement in tiny, unfurnished cells. They receive only an hour of education instead of the four or five they would normally get and are chained to their desks or shackled, the lawsuit alleges. Guards needlessly pepper spray inmates for minor, nonviolent infractions, sometimes using a spray meant to stop bears, the lawsuit added.
The practices are unconstitutionally excessive and cruel, the lawsuit said. The filing asks a judge to allow solitary confinement, mechanical restraints and pepper spray only in rare cases to avoid serious physical harm.
Attorney General Brad Schimel declined to defend the state in the lawsuit Tuesday because the Department of Justice ran the state’s portion of the investigation, creating a conflict, DOJ spokesman Johnny Koremenos said. That means Gov. Scott Walker’s administration will need to hire private attorneys.
Twenty-nine states have prohibited solitary confinement as punishment for juveniles, according to the pro bono law firm Lowenstein Center for the Public Interest. Wisconsin is one of 15 states that limit the time a juvenile spends in solitary confinement; Wisconsin’s maximum is 60 days. Seven states have no limit on solitary confinement or allow indefinite extensions, according to the center.
Wisconsin lawmakers haven’t passed any measures addressing conditions at the youth prison since word of the investigation broke a year ago. Republican state Rep. Joel Kleefisch and Democratic state Sen. LaTonya Johnson began circulating a bill Tuesday that would require prison guards to report child abuse to law enforcement in response to the prison allegations.
Rep. Michael Schraa, chairman of the Assembly’s corrections committee, didn’t immediately return a message. The state Senate doesn’t have a corrections committee; the equivalent body is the judiciary committee, led by Republican Van Wanggaard. His aide, Scott Kelly, said Wanggaard wants to see the FBI’s findings before drawing conclusions but is growing more frustrated with the agency for not releasing any information.