Under a settlement negotiated with lawyers from the New York Civil Liberties Union and Morrison & Foerster, the New York State Corrections Department agreed this week to change the way it uses solitary confinement to punish prisoners.
The deal, which was approved Wednesday by a federal district court judge in Manhattan, stays litigation initiated by a New York prisoner nearly three years ago—though the case can be revived if the plaintiffs persuade the court that the state’s reform efforts over the next two years are inadequate.
Among the changes expected to be adopted: a ban on the placement of particularly vulnerable prisoners—a category covering pregnant women, offenders under age 18 and mentally ill inmates—in solitary confinement, and the creation of clear guidelines for what types of violations can result in prisoners being dispatched to so-called special housing units. As part of the agreement, the state has agreed to retain two corrections experts to help develop additional reforms.
Jennifer Brown, who serves as MoFo’s senior pro bono counsel and worked on the case, says the litigation and resulting settlement involve the kind of fundamental issues the firm is drawn to in such matters.
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