Keker, Van Nest & Peters and the ACLU of New Mexico filed a lawsuit on behalf of three individuals held in the Penitentiary of New Mexico that seeks to end the practice of long-term solitary confinement in the state’s Predatory Behavior Management Program.
The Albuquerque Journal reported on the class action against the state Corrections Department and quoted Keker partner Nick Goldberg.
“There really is no legitimate justification for holding people in these conditions,” Goldberg said. “It’s not only unconstitutional, which is the fundamental legal argument that we’re making, but it’s just at a human level — it’s inhumane, and it makes things worse, not better.”
According to the claims, the individuals in the behavior management program are held in cells that are 8 feet by 10 feet. They spend 23 hours a day alone in that space. On weekdays, the men get one hour in a similarly sized outdoor cage.
“More than 95% of incarcerated people will eventually return to their communities,” Goldberg said. “We want them to come back healthy so they can successfully reenter their communities, not damaged by the torture of solitary confinement. We look forward to working on behalf of our brave clients to vindicate their rights and to put an end to these unlawful practices.”
Read more at the Albuquerque Journal and at the ACLU of New Mexico.