Nelson v. Heyne

• Decision Date: 08 February 1973
• Docket Number: Civ. A. No. 72 S 98.
• Citation: 355 F. Supp. 451
• Parties: Eric NELSON, by his next friend, Corine Nelson, et al., Plaintiffs, v. Robert P. HEYNE, Individually and in his capacity as Commissioner of Corrections, Indiana Department of Corrections, et al., Defendants.
• Court: U.S. District Court — Northern District of Indiana

355 F. Supp. 451

Eric NELSON, by his next friend, Corine Nelson, et al., Plaintiffs, v. Robert P. HEYNE, Individually and in his capacity as Commissioner of Corrections, Indiana Department of Corrections, et al., Defendants.

Civ. A. No. 72 S 98.

United States District Court, N. D. Indiana, South Bend Division.

June 15, 1972.

Supplemental Opinion February 8, 1973.

COPYRIGHT MATERIAL OMITTED

Thomas DiGrazia, Youth Advocacy Program, John P. Forhan, Legal Services—Legal Education Program, South Bend, Ind., for plaintiffs.

T. E. Lauer, Director, Ralph Faust, Jr., St. Louis, Mo., Thomas L. Shaffer, Dean, University of Notre Dame Law School, Thomas F. Broden, Jr., Director, Institute of Urban Studies, University of Notre Dame, Notre Dame, Ind., for plaintiffs, on behalf of the National Juvenile Law Center, amicus curiae.

Dale E. McCoy, Asst. Atty. Gen., Indianapolis, Ind., for defendants.

MEMORANDUM AND ORDER

GRANT, Senior District Judge.

On May 12, 1972, Plaintiffs filed a class action seeking declaratory and injunctive relief with respect to the Defendants' operation of the Indiana Boys School.

The Indiana Boys School is a medium security state correctional institution for boys 12 to 18 years of age, an estimated one-third of whom are non-criminal offenders. Although its optimum capacity is something less than 300, the School's population is generally maintained at close to 400 inmates. The counseling staff consists of 20 individuals including three psychologists holding under-graduate academic degrees, and one part-time psychiatrist who spends four hours a week at the institution; the medical staff includes one part-time physician, one registered nurse, and one licensed practical nurse.

Plaintiffs claim that the general operation of the Indiana Boys School violates certain Indiana statutes governing the treatment of juveniles in Defendants' custody as well as Plaintiffs' right to rehabilitative treatment guaranteed by the Constitution, an issue which shall be the subject of further orders by this Court pending supplementation of the record. Additionally, plaintiffs point to certain institutional practices and policies of the Defendants, said to offend rights secured by the 1st, 5th, 8th, and 14th Amendments to the Constitution. These practices and policies involve the Defendants' use of corporal punishment, control-tranquilizing drugs, solitary confinement, mail censorship, and religious services. Following the conclusion of a three-day evidentiary hearing and oral arguments, the Court made certain findings as to these practices and indicated said directives would become incorporated into a written opinion.

At the outset, defendants raise certain challenges to the Court's jurisdiction, the first being that the 11th Amendment bars the instant action. It is the Court's view that the Amendment does not preclude jurisdiction. Clearly the 8th and 14th Amendments are applicable to state-managed services. Robinson v. California, 370 U.S. 660, 82 S.Ct. 1417, 8 L.Ed.2d 758 (1962). Plaintiffs' complaint states a cause of action against the Defendants individually and in their respective official capacities for acts claimed to have been taken under color of state law in violation of rights secured by the Constitution. 42 U.S.C. § 1983; 28 U.S.C. §§ 2201, 2202; Monroe v. Pape, 365 U.S. 167, 81 S.Ct. 473, 5 L.Ed.2d 492 (1961). The Court further finds that the Plaintiffs' cause satisfies F.R.Civ.P. 23 and may be maintained as a class action. Holt v. Sarver, 309 F.Supp. 362 (D.C.Ark.1970).

Corporal Punishment

The evidence indicates that inmates incur supervised beatings by use of a thick board for violating institutional rules. Although defendant Bennett stated that corporal punishment is a "last resort", there is a failure of proof as to any formalized procedures governing its administration. The evidence suggests that the punishment could be employed with the concurrence of two or more members of the staff. The only control indicated is that two adult staff members must be present to observe the beatings. Customarily the practice is used against any and all inmates who are returned from an escape. Defendants revealed that the policy of corporal punishment has fluctuated greatly over the last few years (during some periods being totally discontinued) and that current plans call for phasing out the punishment during the next few months.

Expert opinion adduced at the trial was unanimous in condemning the practice of corporal punishment. The uncontradicted evidence of the authorities suggests that the practice does not serve either as useful punishment or as treatment. Testimony adduced at the trial shows that it actually breeds counter-hostility resulting in greater aggression by a child. Among the other child-correctional institutions discussed during the hearing, none continues the practice of corporal punishment.

One court holding that the use of corporal punishment as applied to adult offenders violated 8th Amendment standards observed, ". . . irrespective of any precautionary conditions which may be imposed use of a strap, offends contemporary concepts of decency and human dignity and precepts of civilization which we profess to possess . . . ." Jackson v. Bishop, 404 F.2d 571, 579 (8th Cir. 1968).

The Court fails to see any distinction between use of a strap and use of a thick board and concurs in the result reached by the 8th Circuit. Accordingly, the Court finds the Defendants' present practice with respect to corporal punishment to be in violation of the Plaintiffs' 8th Amendment rights and orders an immediate cessation of the practice.

Use of Tranquilizing Drugs

Major tranquilizing drugs are occasionally administered by the Defendants for the purpose of controlling excited behavior rather than as part of an ongoing, psycho-therapeutic program. Standing orders by the doctor at the Boys School permits the registered nurse and licensed practical nurse on duty to prescribe dosages of specified tranquilizers upon the recommendation of the custodial staff at the Boys School. The drugs are administered inter-muscularly. The facts show that there is no procedure utilized whereby medically competent staff members evaluate individuals to whom the drugs are administered, either before or after injections.

The evidence demonstrates that the type of drugs used by Defendants have potentially serious medical side effects, that they are normally employed to control psychotic and prepsychotic behavior during a course of treatment, and that they require close supervision of the patient by professionally trained individuals. Further, it is more common medical practice to offer a patient an oral administration of the drug before introducing it inter-muscularly.

Peek v. Ciccone, 288 F.Supp. 329 (W.D. Mo.1968), cited by the Defendants, which held inter-muscular injections of Thorazine to not be cruel and unusual punishment clearly is inapposite. In Peek the Plaintiff first refused the medication orally; he was examined by a psychiatrist prior to taking the drug; the drug was specifically prescribed by a physician; follow-up medical treatment was employed, and the injection was administered at a medical center.

The Court finds as shocking to the conscience and violative of the Plaintiffs' 8th and 14th Amendment rights the Defendants' present policy with respect to tranquilizing drugs. Schmerber v. California, 384 U.S. 757, 86 S.Ct. 1826, 16 L.Ed.2d 908 (1966); Lollis v. New York State Department of Social Services, 322 F.Supp. 473 (S.D.N.Y.1970); Hancock v. Avery, 301 F.Supp. 786 (M.D. Tenn.1969).

While the Court believes that these drugs may be used occasionally to calm states of excitation which are found to be potentially dangerous to life and property, the Defendants' policies are far afield of minimal medical and constitutional standards. Accordingly the Court orders the immediate cessation of tranquilizing drugs which are administered without the specific authorization of a physician. In addition, no drug may be administered inter-muscularly without first attempting oral medication, unless ordered otherwise by a physician in each case. It is further ordered that defendants prepare and submit for the Court's evaluation a formalized policy governing use of tranquilizing drugs. The proposal must include detailed provisions governing the prescription of drugs, the administration of drugs, and procedures to insure psychological and medical evaluation of those to whom drugs are given.

Solitary Confinement

Denominated "cottage detention" by the Defendants, the policy of solitary confinement takes place on several levels, the practice in issue being known as "Status I" confinement. Pursuant to regulations promulgated in January, 1972, a boy may be placed in solitary confinement for periods of time ranging from five to thirty days for violations of certain institutional rules.

Plaintiff Roberts spent over one-hundred-and-fifty days in this confinement during several periods of commitment at the Boys School between August, 1970 and late January, 1972. One period of solitary confinement included fifty-seven consecutive days during which he mutilated himself on three occasions and was immediately returned to confinement following medical attention, without receiving recommended psychiatric treatment. Consistent with Defendants' policies, other plaintiffs reported spending from several days to four weeks at a time in the solitary cells.

During the periods of confinement, Plaintiffs are kept in a locked room approximately 9' × 12' in size. Toilet facilities, a bed, and a Bible are furnished in each cell. Hot meals are taken in the room which is constantly locked except for periods of time during which inmates may have the door opened while they are shackled to their bed. Showers are provided every several days together with a change of clothing.

The evidence suggests that the boys incarcerated in solitary confinement...