Landmark Ruling: Louisiana’s Former Death Row Residents Forced to Part with Children

A federal judge has issued an order for Louisiana officials to remove incarcerated children from a former death row unit at the Louisiana State Penitentiary, also known as Angola, by September 15th. This ruling came after a seven-day hearing in an ongoing lawsuit filed by teenagers under the custody of Louisiana’s Office of Juvenile Justice. The judge, Chief District Judge Shelly Dick, concluded that the conditions of confinement in this prison, which was once a slave plantation, were cruel and unusual punishment and violated the 14th Amendment and a federal law protecting children with disabilities. Lead counsel David Utter expressed gratitude to the clients and their families for their courageous efforts in speaking out against the cruelty.

The majority of the estimated 70 to 80 children held in the Angola unit, known as Bridge City Center for Youth at West Feliciana, are Black. The state previously assured the judge that conditions at this facility would be comparable to other juvenile facilities in the state, only in a more secure building. However, children imprisoned at Angola reported spending days in solitary confinement in windowless cells, losing educational opportunities and disability accommodations, having limited contact with their families, and suffering physical abuse at the hands of guards. During the hearing, evidence was presented regarding the use of “cell restriction” as a means of punishment, which involved confining the children for up to five or six days. State law prohibits keeping juveniles in solitary confinement for more than eight hours.

The hearing also revealed a distressing incident in which a guard pepper-sprayed a teen who was locked in his cell and left him there for about 14 minutes before removing him from the toxic gas. In 2022, Governor John Bel Edwards announced plans to transfer approximately 25 kids from the Office of Juvenile Justice facilities to a building that had previously housed men on death row. This decision was met with immediate backlash, with warnings that the state could potentially violate federal laws and face costly litigation. Unlike the adult prison system, the purpose of the juvenile justice system is rehabilitation rather than punishment. Youth in secure custody facilities are housed in dormitories or housing units with an emphasis on treatment and family involvement.

Sending these children to Angola, a notorious prison that is viewed as harsh and dangerous, would be detrimental to their mental health and future prospects, as well as the safety of the community when they are reintegrated into society. Angola, the state’s only maximum-security prison, was once a plantation where prisoners, not slaves, tended to the fields. Most of the state’s prisoners facing life sentences are incarcerated there, and the majority of these inmates are Black.

After a warning from Elizabeth Ryan, administrator for the Department of Justice’s Office of Juvenile Justice and Delinquency Prevention, a group of children in the custody of the Office of Juvenile Justice sued Governor Edwards and other state officials, seeking to block the transfers. The children are represented by the ACLU, the Claiborne Firm and Fair Fight Initiative, the Southern Poverty Law Center, and lawyers Chris Murell and David Shanies. Some of the children shared their fears and concerns about being transferred to Angola, including losing access to education, counseling, and communication with their families.

Despite acknowledging the potential psychological trauma and harm it could cause, the judge initially allowed the transfers to proceed, relying on assurances from the Office of Juvenile Justice that the facility at Angola would be comparable to other juvenile facilities. However, after the first group of youth were transferred, their experiences confirmed their worst fears. They reported unsanitary conditions, loss of power during rain, limited time outside of their cells, and instances of physical abuse. The use of solitary confinement, which goes against international standards, was also reported.

Guards from the Department of Corrections, in addition to the Office of Juvenile Justice staff, work at the facility, and there have been instances where the actions of the Department of Corrections personnel have superseded those of the Office of Juvenile Justice staff. For example, there were allegations of staff macing a group of children after one of them struck a guard, with staff allegedly punching the boy while he was being maced. These children deserve better treatment and should not be subjected to such inhumane conditions.

In conclusion, the court ruling to remove incarcerated children from the former death row unit at Angola is a step towards justice and the protection of their rights. It is crucial to prioritize the rehabilitation and well-being of these children, rather than subjecting them to harsh and abusive conditions.

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