Jaclyn Kurin, Abolitionist Law Center, (703)-850-8914, firstname.lastname@example.org
Alexandra Morgan-Kurtz, PA Institutional Law Project, (412) 434-6175 email@example.com
PITTSBURGH – The Abolitionist Law Center (ALC), Pennsylvania Institutional Law Project (PILP), and K&L Gates filed a lawsuit on Tuesday on behalf of April Walker, LaVonna Dorsey, and Alexus Diggs, three formerly incarcerated women with disabilities, who claim they were brutally assaulted by Sergeant John Raible at the Allegheny County Jail. The complaint describes numerous assaults by Raible against people with disabilities involving the over use of pepper spray, tasers and placing people with disabilities in a restraint chair for hours without food, water, medicine, or breaks to relieve themselves.
The Complaint claims that Raible repeatedly pepper sprayed Ms. Walker when she was pregnant and slammed her face into the concrete floor, resulting in her hospitalization. Ms. Dorsey’s claims arise from Raible pepper spraying her in the face, breasts, and buttocks while she was naked and then placing her in a restraint chair with purposely overtightened straps, severely injuring her shoulder. The Complaint also describes an incident where Raible shot multiple pepper pellets at Ms. Diggs because he suspected that she was using a pen to write grievances.
Ms. Walker, Ms. Dorsey and Ms. Diggs are also suing Raible’s supervisors, Warden Orlando Harper, Chief Deputy David Zetwo, and Deputy Chief of Operations Jason Beasom for their failure to train and supervise staff at ACJ which led to the assaults. The lawsuit alleges that before the Plaintiffs were assaulted, Harper, Zetwo, and Beasom were aware of Raible’s violent history of assaulting incarcerated individuals for non-threatening conduct.
“Raible’s actions are horrifying and have no place in our society,” stated Alexandra Morgan-Kurtz, Managing Attorney for the PA Institutional Law Project. “More troubling, however, is the absolute disregard shown by his supervisors to a clear pattern of torture and discrimination against women with disabilities.”
“Sergeant Raible’s pattern of assaulting women in ACJ is as disturbing as it is illegal,” said Jaclyn Kurin, staff attorney at the Abolitionist Law Center. “This lawless brutality only exists because Harper, Zetwo, and Beasom permit the systematic abuse of disabled individuals.”
Despite knowing that Raible presented a significant risk of harm to individuals with disabilities, Harper, Zetwo, and Beasom repeatedly failed to discipline or terminate Raible. Rather, they condoned Raible’s abusive and unconstitutional conduct by permitting him to retain his rank as a sergeant and execute his supervisory duties.
The lawsuit alleges that Harper, Zewto, and Beasom knew that ACJ officers routinely used excessive force on individuals with psychiatric disabilities. The Pennsylvania Department of Corrections report on use-of-force in jails across the state shows that in 2019, ACJ staff resorted to brutal forms of physical force far more frequently than the other correctional facilities.
The lawsuit was filed in the United States District Court for the Western District of Pennsylvania. The plaintiffs are represented by Jaclyn Kurin and Bret Grote of the Abolitionist Law Center; Alexandra Morgan-Kurtz of the Pennsylvania Institutional Law Project; David Osipovich, Anna Shabalov, Jessica Moran, and Elizabeth Hoadley of K&L Gates LLP.
We have received reports that since Friday, November 20, 2020, multiple women incarcerated on 4F and 4E have submitted sick call slips and asked correctional staff to contact medical staff because they have been experiencing COVID-19 symptoms. There has been no response by ACJ despite the fact that at least one of the guards who tested positive was in direct physical contact with women on 4F on the same day she was placed in quarantine.
Because you have asked us to provide identifying information so that you can conduct your own investigation into concerns relayed to us, we are providing details for the following individuals:
• [REDACTED] – On 4F, reports vomiting a couple of days ago, and currently has a scratchy throat. Gastrointestinal issues, including nausea, are established symptoms of COVID-19.
• [REDACTED] – She reportedly has diarrhea, a possible symptom of COVID-19. She was in a fist fight with [REDACTED] that was broken up by C/O [REDACTED] the same day C/O [REDACTED] was placed on quarantine. Everyone’s masks were down during the fight.
• [REDACTED] – Also has diarrhea, a possible COVID-19 symptom. Was involved in the fight with [REDACTED] that was broken up by C/O [REDACTED].
• [REDACTED] – Also on 4F, has had headaches and a scratchy throat. • [REDACTED] – Also reportedly has symptoms. We have also been informed that correctional officer [REDACTED] tested positive for COVID 19. [REDACTED] works on pod 4F. Officer [REDACTED] was believed to be infected at a community event at which other staff were present. After these events, C/O [REDACTED] worked at ACJ for two days, during which time [REDACTED] had repeated contacts with ACJ staff and incarcerated people, until [REDACTED] was placed on quarantine on Nov. 20, 2020. Prior to being placed on quarantine, Officer [REDACTED] broke up a fight between two women on 4F. We have been told that those two women and their cellmates have been exhibiting symptoms of the virus. Additionally, it has been reported that incarcerated workers who distribute meal trays and hygiene products to the people who reside on the housing pod are exhibiting symptoms of the virus.
We are further troubled that ACJ has apparently not conducted any contact tracing of Officer’s [REDACTED]’s interactions with the women incarcerated on level 4, as none of the incarcerated women have been consulted, advised, or tested by medical staff.
The jail’s Emergency Preparedness Plan, which must be followed pursuant to the Consent Order in this matter, provides that testing is recommended in situations that “include, but are not limited to, a new onset of symptoms (99.0 degrees Fahrenheit or above, respiratory symptoms, shortness of breath, sore throat, loss of taste/smell).” Emergency Preparedness Plan, p. 10 (emphasis added). The Centers for Disease Control (CDC) recognizes headache, diarrhea, nausea, and sore throat – symptoms reportedly experienced by the women named in this letter – as symptoms of COVID-19.
Additionally, it is critical to note that the availability of testing and the recommendations for correctional facilities have evolved since the consent order was issued in this case. The Emergency Preparedness Plan also notes that “As treatment, testing, or vaccinations become available, a coordinated plan will be developed and executed to reduce further spread of illness.” Emergency Preparedness Plan, p. 4. As noted in the Philadelphia Inquirer, experts at the John Hopkins Center for Health Security’s National Commission on COVID-19 and Criminal Justice have urged “widespread and continuous” testing of incarcerated people and staff. This recommendation was echoed by the CDC in August 2020 when it recommended mass testing in correctional facilities based on extant research showing such testing to be a critical measure for protecting public health, limiting transmission of the virus, and mitigating risk.
We are requesting that the jail test the above-named individuals pursuant to the consent order in this case. Given the extraordinary rates of COVID-19 in the community at the moment, prudence and reason also dictate testing everybody on 4F, as well as all other pods where staff who tested positive interacted directly with incarcerated people. We also want to emphasize that decisions regarding whether to test an individual for COVID-19 are medical decisions and must be made by a trained medical professional. Testing decisions, including decisions not to test, must be documented, and include notes on interviews with incarcerated people and their reported symptoms.
Additionally, we are requesting that contact tracing be performed in regard to all incarcerated people who have been in proximity to staff who have tested positive or are on quarantine.
Please respond within 24 hours regarding these requests. We are in the midst of the worst public health crisis of our lifetimes, and time is of the essence.
PITTSBURGH – The Abolitionist Law Center (ALC), Pennsylvania Institutional Law Project (PILP), and Schnader Harrison Segal & Lewis LLP filed a class action lawsuit today on behalf of people with psychiatric disabilities incarcerated in Allegheny County Jail (ACJ). The lawsuit alleges severe and systemic constitutional violations, as well as violations of the Americans with Disabilities Act, for the jail’s failure to provide adequate mental health care and its discriminatory and brutal treatment of people with psychiatric disabilities.
The lawsuit asserts
that although ACJ houses hundreds of people with psychiatric disabilities,
including anxiety, depression, PTSD, bipolar disorder, and schizophrenia, ACJ is
lacking a functioning mental health care system. Every
aspect of a comprehensive system for mental health care, from intake screening,
to medication management, provision of counseling and therapy, suicide
prevention, and training is either non-existent or wholly deficient at ACJ.
there are many employees at ACJ who try their best to provide care, yet face an
impossible task due to inadequate systems, resources and direction,” said
Keith Whitson, Schnader Harrison Segal & Lewis LLP. “This lawsuit
focuses primarily on the illegal systemic failures that make treatment nearly
nonexistent, and the frequent imposition of punishment in place of
The complaint contends that instead of ensuring proper staff training and adequate mental health staffing levels, or creating policies that provide adequate care, Warden Orlando Harper and Deputy Warden Laura Williams oversee a system that responds to people in mental health crisis with brutal levels of force and solitary confinement. People with psychiatric disabilities are tased, sprayed with OC, beaten, and placed in restraint chairs for several hours for minor infractions and for simply requesting mental health care. They are commonly placed in solitary confinement for weeks and months on end, often without having a hearing, in conditions universally acknowledged by correctional experts, courts and the United Nations as torture.
extensive investigation of the conditions at ACJ, including hundreds of
interviews of those currently and formerly incarcerated at ACJ as well as
former employees, and review of medical records, have reinforced what we
already knew–the system of mental health care at ACJ is appallingly and
unconstitutionally inadequate,” said Jaclyn Kurin, staff attorney for the
Abolitionist Law Center.
As a result of the systemic lack of mental health care
and discrimination against people with psychiatric disabilities, the jail has
one of the highest suicide rates in the nation. These dehumanizing conditions leave a lasting impact
on communities outside of the jail, primarily Black communities. While Black
people only make up 13.4% of the population of Allegheny County, they
constitute a striking 61% of those held at ACJ. Most people invariably leave
ACJ worse off than they enter it, making it more difficult to re-integrate into
their communities and further fueling the cycles of incarceration, poverty, and
“Allegheny County is failing its most vulnerable
communities by incarcerating people with psychiatric disabilities and then refusing
to uphold its moral and constitutional obligation to provide treatment,” stated
Alexandra Morgan-Kurtz, Managing Attorney at the Pennsylvania Institutional Law
Project. “Without a complete overhaul of
the practices at ACJ, people will continue to suffer long lasting trauma and
The class action lawsuit seeks to represent all people with psychiatric disabilities who are currently, or will in the future, be held at the Allegheny County Jail. The lawsuit was filed in the United States District Court for the Western District of Pennsylvania and names Laura Williams, Orlando Harper, Michael Barfield, and Allegheny County as defendants. The plaintiffs are represented by Bret Grote, Quinn Cozzens, Swain Uber, and Jacklyn Kurin of the Abolitionist Law Center; Alexandra Morgan-Kurtz of the Pennsylvania Institutional Law Project; and Keith Whitson of Schnader Harrison Segal & Lewis LLP.
July 8, 2020, Harrisburg, PA –Today, people in Pennsylvania serving Death-By-Incarceration sentences, commonly known as Life Without Parole, filed a lawsuit challenging the state’s prohibition on parole eligibility for those serving life sentences after convictions under the felony murder rule. In Pennsylvania, people convicted under that rule are mandatorily sentenced to life imprisonment, even though they did not take a life, or did not intend to take a life in the course of the crime. A separate provision of the law prohibits parole eligibility for any individual serving life. The lawsuit, filed by the Abolitionist Law Center, Amistad Law Project, and the Center for Constitutional Rights,is the first challenge of its kind in the country and argues that mandatory Life Without Parole sentences for those who did not kill or did not intend to kill are unconstitutionally cruel under the Pennsylvania constitution.They join a movement of advocates currently and formerly incarcerated in referring to Life Without Parole as Death By Incarceration, which they say is the true impact of these sentences.
“A life sentence means death in this Commonwealth,” said lead plaintiff Marie Scott. “In other words, you are sentenced to a life sentence that you must live out until you die. The more I serve what feels like Death By Incarceration, the more I wonder, how could such a draconian penalty be handed down to those of us who’ve neither killed anyone nor intended to kill. Clearly, in my mind, there has to be some room for a chance at redemption.”
The complaint is on behalf of six plaintiffs serving Death By Incarceration sentences after being convicted of felony murder in their late teens or early 20s. They have all spent between 23 and 47 years in prison. Despite their sentences, none caused or intended the death of the victim. The complaint argues that sentences of Death By Incarceration, which the U.S. Supreme Court has recognized are akin to the death penalty in their severity and irrevocability, are disproportionate and serve no legitimate penological interest when applied to individuals who do not kill or intend to kill as part of their crime.
“Death-By-Incarceration sentences mean that the punishment of people serving that sentence is perpetual. Despite serving decades in prison, the parole board refuses to look at any of our clients’ cases to see if they can safely be free in our communities. And we believe that they and many others like them should be home,” said Kris Henderson, Executive Director of Amistad Law Project.
The complaint filed today notes that Pennsylvania is an outlier within the United States and around the world in terms of the number and rate of prisoners serving Death By Incarceration sentences. At approximately 5,200 people, Pennsylvania has the second-highest number of people serving Death-By-Incarceration sentences in the country and accounts for 10 percent of the total number of Death-By-Incarceration sentences in the country. It is one of only six states that does not allow for the possibility of parole for people serving life sentences. Philadelphia county, in particular, has more people serving Death-By-Incarceration sentences than 45 states – and more than any country in the world. In fact, Philadelphia’s rate of Death By Incarceration is higher than the overallincarceration rate of 140 countries.
“Although Death By Incarceration does not further public safety, it indisputably aggravates apartheid in the criminal punishment system as 70 percent of the approximately 1,100 forced to die in prison under the felony murder rule in Pennsylvania are Black,” said Robert Saleem Holbrook, Director of Community Organizing for the Abolitionist Law Center. “This has to end. Granting parole eligibility and establishing a right to redemption for this group will be an important step toward racial justice.”
Attorneys say Pennsylvania’s Death-By-Incarceration sentencing scheme exacerbates many of the problems that exist throughout U.S. prisons. Like incarceration overall, vast racial disparities exist within Pennsylvania’s Death-By-Incarceration sentencing scheme; Black people are sentenced to Death By Incarceration at a rate 18 times higher, and Latinx people at a rate five times higher, than white people. Advocates say this challenge to Death By Incarceration joins demands around the country for an end to state violence against Black people. The complete impossibility of parole for people serving life sentences in Pennsylvania has also contributed to the aging nature of the state’s prison population, with over 10,000 people over the age of 50, the fourth-highest number in the state. The concerns and costs of incarcerating thousands of aging or elderly people are heightened in this time of the COVID-19 pandemic given the impossibility of social distancing in prison and the fact that older people are particularly at risk. The plaintiffs in this case, like the majority of those serving Death-By-Incarceration sentences in Pennsylvania, are aging or considered elderly by prison standards, and face the risk of an even sooner death in prison.
“The plaintiffs in this case exemplify the excessiveness and cruelty of Death-By-Incarceration sentences—the monstrosity of locking anyone up for life, with no possibility ever of release, no matter their circumstances, or whether healing and security are actually served for the communities impacted,” said Center for Constitutional Rights Senior Staff Attorney Pardiss Kebriaei. “These sentences, which affect thousands of people across the country, help justify the supposed need for a massive prison system built and resourced to put people away for decades or life, and, like other extreme U.S. sentencing practices, must be challenged as part of the movement to end mass incarceration..”
For more information, visit the Center for Constitutional Rights’ case page.
Amistad Law Project is a public interest law center that fights for the human rights of people in our community by providing free and low-cost legal services to Philadelphians and those incarcerated in Pennsylvania’s prisons. Additionally, we advocate for laws and policies that reflect our vision for a new justice paradigm and organize events and activities to educate the public on their rights and the law. Amistad’s vision is to abolish the prison industrial complex and create alternative systems of accountability and healing while reducing the harm of the system in the meantime. Follow Amistad Law Project on social media: facebook.com/AmistadLaw, @AmistadLaw on Twitter and Instagram.
The Abolitionist Law Center is a public interest law firm inspired by the struggle of political and politicized prisoners, and organized for the purpose of abolishing class and race based mass incarceration in the United States. Abolitionist Law Center litigates on behalf of people whose human rights have been violated in prison, educates the general public about the evils of mass incarceration, and works to develop a mass movement against the American punishment system by building alliances and nurturing solidarity across social divisions. More information about our work at abolitionistlawcenter.org and follow us on social media: Facebook, Twitter, Instagram: @AbolitionistLC.
The Center for Constitutional Rights works with communities under threat to fight for justice and liberation through litigation, advocacy, and strategic communications. Since 1966, the Center for Constitutional Rights has taken on oppressive systems of power, including structural racism, gender oppression, economic inequity, and governmental overreach. Learn more at ccrjustice.org. Follow the Center for Constitutional Rights on social media: Center for Constitutional Rights on Facebook, @theCCR on Twitter, and ccrjustice on Instagram.
On June 1, 2020, a peaceful protest in the East Liberty neighborhood of Pittsburgh against nationwide police violence turned into a yet another demonstration of excessive force by the police. Protesters who participated in this protest have filed a class action lawsuit in federal court against Pittsburgh Bureau of Police (PBP) officials, Mayor Bill Peduto, and the City of Pittsburgh after police unleashed violence on peaceful demonstrators, then rounded up and arrested nearly two dozen people who committed no crimes. The protesters are represented by attorneys from O’Brien Law, Abolitionist Law Center, and Elzer Law Firm, LLC.
Named Plaintiffs include a 13-year-old boy, his mother, and her fiancé, who attended the protest to learn about the First Amendment, but instead were met with tear gas and violence; a dance instructor who was arrested outside his apartment while he was on his way home; a local non-profit worker who was gassed and chased at gunpoint; an international peace observer who spent the night in jail after being tear gassed and arrested while trying to walk to their car; and a man who was shot in the back by four rubber bullets as he tried to leave the protest.
On June 1, the PBP escalated a peaceful protest into a scene of pandemonium, panic, violence and bloodshed. The PBP deployed hundreds of officers to counter approximately 150 protesters. As the assembled protesters held their hands in the air and chanted, “This is not a riot,” and “Hands up – Don’t shoot,” PBP ordered its officers to attack them with explosives, chemical agents and ammunition which is known to seriously wound and sometimes kill its targets. PBP officers drove ambulances past injured protesters without stopping. After ordering peaceful protesters to leave the area, PBP officers blocked their escape with chemical gas, riot police and mounted patrols. The PBP ordered tactical officers dressed in paramilitary garb to patrol a residential neighborhood in armored vehicles and arbitrarily throw canisters of chemical gas at anyone they encountered. The PBP arrested twenty-two protestors for failing to disperse, subjecting them to confinement in the midst of a global COVID-19 pandemic. The Allegheny County District Attorney’s Office withdrew the charges for every person arrested due to a lack of sufficient evidence or allegations to support the criminal charges.
Immediately following the PBP’s overwhelming and unjustified use of force in East Liberty, Mayor Peduto, Public Safety Director Wendell Hissrich and Chief of Police Scott Schubert held a press conference at which they disseminated flagrant lies to conceal and/or justify the PBP’s use of force against peaceful protesters. These officials accused protesters of hurling rocks and “volleys of bricks” at PBP officers, and vehemently denied using chemical agents. Numerous videos statements were patently false.
“In Pittsburgh and across the country, police officers’ use of chemical weapons such as tear gas and projectile munitions such as rubber bullets, beanbag rounds, and sponge grenades against protesters has resulted in serious and debilitating injuries. Moreover, the routine and indiscriminate use of these tactics deters would-be protesters from exercising their First Amendment right to peaceably assemble and petition the government,” said the attorneys representing the Protesters.
The lawsuit seeks an order preventing the City of Pittsburgh from declaring peaceful protests unlawful and from using chemical agents and projectiles against peaceful protesters. The lawsuit also seeks money damages for protesters whose rights were violated.
The suit was filed the U.S. District Court for the Western District of Pennsylvania by Attorneys Margaret Coleman of O’Brien Law, Quinn Cozzens of Abolitionist Law Center, and Christine T. Elzer of Elzer Law Firm, LLC.
Last week the Pennsylvania Supreme Court denied our Petition for Allowance of Appeal in the case of Commonwealth v. Avis Lee. The Appeal would have allowed people given life without parole sentences while young and with their judgment/impulse control still developing (but were over 17 years at the time of their offense) to apply for resentencing, like many juvenile lifers who were given that chance and are now thriving outside prison walls in our state.
Despite the scientific consensus on brain development indisputably supporting our argument, the Court denied the Appeal without explanation or justification; we’re disappointed since we believe that an honest, science-based review of Avis’ death by incarceration sentence would’ve found it unconstitutional and void, but we also have no illusions that the Superior and Supreme Courts serve the interest of justice.
For centuries, the higher courts have given legal cover to our country’s and state’s most appalling class- and race-based oppression, and only on rare occasions (and under intense public pressure) have they set aside the interests of money and power and ruled in the interests of justice. We have always seen legal strategy as one part of a larger movement of people most impacted by the justice system to challenge power, and we know that meaningful changes in the justice system will come from people organizing and resisting—and not from the morality and reason of judges or legislators.
While we will keep the legal fight up with three other litigation plans that challenge DBI sentences for those 18 as well as those serving DBI for second degree murder, we urge everyone to continue to organize, gather, lift up voices, and commit to dismantling this system brick by brick. We look forward to working with Avis on her commutation packet and know that she will be home one day.
At this time we are also reminded that our comrades at the Coalition to Abolish Death by Incarceration (CADBI) are convening in Harrisburg this Wednesday, the 23rd, in support of SB942. We stand in solidarity with CADBI and echo the call of the Superior Court for the legislature to end death by incarceration. No one is free until we all are.
On Tuesday, October 22nd at 10:00 a.m. in The Albert Branson Maris Courtroom, (19th Floor, U.S. Courthouse, 6th & Market Sts., Philadelphia, PA), a panel of the Third Circuit Court of Appeals Federal Court will hear argument in Ernest Porter v. Pennsylvania DOC, a case challenging 33 years of solitary confinement on death row as violating the 8th and 14th Amendment to the U.S. Constitution.
Porter has been held in solitary confinement since 1986 despite having a perfect disciplinary record in DOC custody. His death sentence was overturned in 2003, but he has yet to be resentenced due to ongoing appeals by the Commonwealth and himself regarding his death sentence and guilt-phase claims in his criminal case. The PA DOC is arguing that his ongoing appeals require his being buried in conditions that U.S. Supreme Court Justice Sonia Sotomayor referred to as a “penal tomb.”
In 2017, the Third Circuit held in Williams v. Secretary, that incarcerated people whose death sentences have been vacated had a liberty interest in removal from solitary confinement that entitled them to due process rights to challenge their isolation and be released to the general population of the prison. Despite that ruling, Porter remains in the capital case unit.
Porter filed suit in 2017 arguing that his indefinite solitary confinement which began in 1986 constituted cruel and unusual punishment under the 8th Amendment, and that the Third Circuit’s 2017 ruling entitled him to due process protections under the 14th Amendment. The Federal District Court for the Western District of Pennsylvania granted defendants summary judgment, throwing out Porter’s suit and leading to his appeal to the Third Circuit.
The Abolitionist Law Center is proud to announce our Board President, Jamelia Morgan has published a journal article calling for the abolition of ableism while fighting back against mass incarceration. REFLECTIONS ON REPRESENTING INCARCERATED PEOPLE WITH DISABILITIES: ABLEISM IN PRISON REFORM LITIGATION explores the intersections of disabilities and abolition while tasking legal advocates to combat ableism with holistic representation of clients and a raising of a multidimensional consciousness. While the conditions in prisons and jails are often discussed, what is often overlooked is how these inhumane facilities often target and mistreat those living with mental and physical disabilities. Disability Justice is important part of the abolition framework as those with disabilities are overrepresented in the criminal system as a result of failed health policies and systematic disparities. Due to the fact prisons and jails are not inherently designed to treat people in humane ways, those who enter into incarceration with a disability or develop a disability while incarcerated, face a lack of services and programming which leads to debilitation and trauma. What is even worse is that many lawyers lack the requisite training and understanding to represent clients who have disabilities and often perpetuate ableism.
lawyers representing people with disabilities are forced to represent their clients as physically, mentally, and emotionally damaged. In the typical, wellpleaded Section 1983 complaint brought on behalf of incarcerated people with disabilities, the weaknesses and challenges of disability are on full display, not because of any individual plaintiff’s inability to overcome obstacles or challenges in carceral settings (as is often the nature of ableism reflected in rhetoric about people with disabilities in free society) but, rather, because prisons inherently were not built to meet the needs of people with physical or mental disabilities.
In combating ableism and amplifying disability justice as a practice, lawyers and advocates must not simply create an awareness of the issues impacting those living with disabilities but must also change the culture of the abolition framework to recognize the negative and often violent implications that arise as the result of ableist legal practices. As such, abolitionist may move to using better language in fighting for freedom and can use court filings to highlight the inherent structural injustices in the designs of prisons and jails.
As prisoners’ rights advocates, we must strategically and consciously resist ableist discourses and ideologies that present our clients as deserving of constitutional protection only where physical or psychological damage is readily apparent or diagnosable. Advocates must acknowledge structural disablement within carceral spaces and use language that affirms the humanity of people with disabilities locked up behind bars or steel doors.
Due to current systems, those living with disability while incarcerated are often from marginalized populations. In order to effectively advocate for this population of individuals, intersectionality dicates that abolitionists examine their complicity in ableist behaviors and ensure they are including impacted peoples in developing strategies and policies for transformative change.
The ALC and co-counsel are representing Kimberly Andrews, a 20-year-old woman awaiting disposition on misdemeanor cases who has been in solitary confinement off and on since February of 2019, despite having known mental health issues. While at the ACJ, Ms. Andrews has tried to self-harm at least three times due to the decompensation associated with the placement in solitary confinement and harsh prison conditions within the restrictive housing unit. Ms. Andrews suffers from known mental health disorders including bipolar disorder, post-traumatic stress disorder, anxiety disorder, and oppositional defiance disorder. Instead of receiving access to treatment and waiting for the adjudications of her case, Ms. Andrews has undergone repeated dehumanizing encounters with abusive ACJ staff.
For instance, on one occasion Ms. Andrews spent at least 8 consecutive hours in the restraint chair, strapped in so tight that it caused bruising around her wrists and shoulder areas. She was again deprived food, water, bathroom breaks, or any ability to move her limbs. Staff returned at one point to loosen the strap on her right wrist, as it was cutting into her flesh. Ms. Andrews asked for her inhaler, but her request was denied; no other medical checks were conducted.
The treatment of Ms. Andrews highlights the inability of the ACJ to create policies and procedures to ensure the safety and security of those incarcerated with medically diagnosed disorders. Ms. Andrews has been able to successfully interact in general population and was able to have a job when briefly removed from solitary confinement. Despite previous attempts to resolve this situation, Ms. Andrews remains in solitary confinement where she continues to struggle to acclimate based on her health history and continues to self-harm as a result.
She has been kept in solitary confinement for over 70 days by Defendants at the jail, although she has not been either charged with or convicted of any violent conduct by officials at the jail. She has a history of mental illness, which is greatly exacerbated by her placement and retention in isolation. She has attempted suicide three times since being placed in solitary confinement.
The petition is asking the court to grant Ms. Andrews as temporary restraining order which would prevent her from being placed in solitary confinement as well as prevent specific ACJ staff from contacting her due to their denial of medical treatment and triggering conduct. The ACJ spent more than $200,000 on bedding, replacing sheets with anti-suicide blankets due to the number of suicide and suicide attempts in the facility.
The Abolitionist Law Center and the People’s Law Office are proud to share that Janet Holloway Africa and Janine Phillips Africa of the MOVE 9 have been released from state custody after more than forty years of incarceration. Earlier this morning, the MOVE sisters were finally released on parole from SCI Cambridge Springs and are now with family and friends. The sisters have been battling for their freedom after being consistently denied parole for a decade despite an impeccable disciplinary record and extensive record of mentorship and community service during their time in prison.
Following their 2018 parole denial, attorneys from Abolitionist Law Center and People’s Law Office filed petitions for habeas corpus seeking their release from prison. The habeas petitions challenged their parole denials on the grounds that the decisions were arbitrary and lacking in any evidence that janet or Janine presented a risk to public safety. Under pressure from litigation and with a court date for May 28 looming, the Pennsylvania Board of Probation and Parole (board) granted Janet and Janine parole on May 14, 2019, just one day after the anniversary of the notorious May 13, 1985 bombing of the MOVE home.
“The release of Janet and Janine is a victory not only for them and their loved ones, but also for the MOVE Organization and the movement to free all political prisoners,” said attorney Brad Thomson of People’s Law Office. “Janet and Janine were excellent candidates for parole. They have been described by DOC staff as model prisoners and neither of them has had a single disciplinary incident in over twenty years. While in prison, they have participated in community fundraisers, and social programs, including training service dogs. They are remarkable women to deserve to be free.”
Like Debbie and Mike Africa, who were released last year, Janet and Janine are now able to experience holding their loved ones outside of prison walls for the first time in decades. The release of Janet and Janine after forty years is the culmination of the MOVE organization, public support, legal action, and policy changes.
Three other members of the MOVE 9 remain incarcerated (Chuck, Delbert and Eddie Africa), while two others (Merle Africa and Phil Africa) died in custody. Abolitionist Law Center and People’s Law Office represent Chuck, Delbert and Eddie in the struggle for their freedom. To support the fight, you may donate to the MOVE9 Legal Fund.