Skip to main content

Supreme Court Takes the "Radical" Stance That Prisoners Are Human Beings

California State Prison, Los Angeles County,
August 2006. It currently holds 4,275 inmates;
it is designed to hold 2,300
Supreme Court Justice Antonin Scalia, in his dissenting opinion to last week's Brown v. Plata decision, called the ruling “perhaps the most radical injunction issued by a court in our nation’s history.”  Since Scalia is the ultimate legal literalist, we presumably ought to take his written opinions literally. So what is this decision that the Court's most conservative justice finds more "radical" even than Roe v. Wade or Brown v. Board of Education? It is no less than the radical notion that prisoners are human beings, entitled to the most basic human rights even while incarcerated.

In rendering the majority opinion in the Plata case, Justice Anthony Kennedy wrote: "Prisoners retain the essence of human dignity inherent in all persons. Respect for that dignity animates the Eighth Amendment prohibition against cruel and unusual punishment."

And cruel and unusual punishment is what California prisoners are receiving, according to the Supreme Court's 5-4 ruling, in a prison system so overcrowded that it cannot provide anything close to adequate mental health care or medical care to its 147,000 inmates. To comply with the Court's ruling California must remedy the situation by reducing its prison population to a mere 137.5 percent of capacity, rather than the current 175.5 percent.

It's a decision that runs counter to the federal courts' take on prisoners' rights over at least three decades, especially since the passage of the 1996 Prison Litigation Reform Act, which severely limited the ability of prisoners to file civil lawsuits and of courts to intervene on their behalf. In citing the "essence of human dignity" inherent even in the nation's 2.3 million prison inmates, the decision also runs counter to the mentality of mass incarceration, by which prisoners have been so effectively dehumanized that otherwise decent people condone treating them in ways that often approach--and sometimes constitute--torture.

Kennedy actually references torture in insisting that a "prison that deprives prisoners of basic sustenance, including adequate medical care, is incompatible with the concept of human dignity and has no place in civilized society."

To show that California's prisons have in fact reached this level of inhumanity, Justice Kennedy cites just a handful of examples from the voluminous documentation submitted on behalf of the plaintiffs by the Prison Law Office and others. (Solitary Watch readers will be particularly interested to note that Kennedy singles out the solitary confinement of prisoners with mental illness for a special dose of approbation.)
Prisoners in California with serious mental illness do not receive minimal, adequate care. Because of a shortage of treatment beds, suicidal inmates may be held for prolonged periods in telephone-booth sized cages without toilets. A psychiatric expert reported observing an inmate who had been held in such a cage for nearly 24 hours, standing in a pool of his own urine, unresponsive and nearly catatonic. Prison officials explained they had “ ‘no place to put him.’ ”

Other inmates awaiting care may be held for months in administrative segregation, where they endure harsh and isolated conditions and receive only limited mental health services. Wait times for mental health care range as high as 12 months. In 2006, the suicide rate in California’s prisons was nearly 80% higher than the national average for prison populations; and a court-appointed Special Master found that 72.1% of suicides involved “some measure of inadequate assessment, treatment, or intervention, and were therefore most probably foreseeable and/or preventable.”

Prisoners suffering from physical illness also receive severely deficient care. California’s prisons were designed to meet the medical needs of a population at 100% of design capacity and so have only half the clinical space needed to treat the current population. A correctional officer testified that, in one prison, up to 50 sick inmates may be held together in a 12- by 20-foot cage for up to five hours awaiting treatment. The number of staff is inadequate, and prisoners face significant delays in access to care. A prisoner with severe abdominal pain died after a 5-week delay in referral to a specialist; a prisoner with “constant and extreme” chest pain died after an 8-hour delay in evaluation by a doctor; and a prisoner died of testicular cancer after a “failure of MDs to work up for cancer in a young man with 17 months of testicular pain.”...Many prisoners, suffering from severe but not life-threatening conditions, experience prolonged illness and unnecessary pain.
Kennedy also takes the unusual step of appending photographs to his opinion. (These can be viewed in Mother Jones.com's powerful montage, here.) Together with the written descriptions, they depict California prisons as something akin to Hieronymus Bosch's paintings of an overcrowded Hell. Berkeley Law professor Jonathan Simon believes that the photographs forced the Court to confront "the sheer magnitude of California's penal depravity," and goes so far as to compare the images to another notorious set of photos:

"Like the pictures from Abu Ghraib," he writes, "these photos locate California's penal practices in a place of inhumanity, degradation, and torture that cannot be tolerated (even by judges disciplined by decades of punitive populism and crime fear)."
Simon is among the many commentators who believe that the Plata decision has far-reaching implications, and even "represents a turning point. The system of mass incarceration depends deeply and irretrievably on a simple condition, the denial of the humanity of prisoners. Yesterday the Supreme Court overturned that denial." If this is true, it may someday affect the host of other human right violations that take place every day in prisons across the country--from the tolerance for prison rape to the widespread use of solitary confinement. But it will take more than a single Supreme Court decision to wean the incarceration nation off of its 30-year addiction to prisons.

Source: Solitary Watch, May 31, 2011
_________________________
Use the tags below or the search engine at the top of this page to find updates, older or related articles on this Website.

Comments

Most viewed (Last 7 days)

Alabama executes Jeremy Williams

Tennessee and Oklahoma have put inmates to death within 30 minutes of each other, and Alabama followed suit hours later as U.S. states executed three men in one day. Tennessee and Oklahoma put inmates to death within 30 minutes of each other Thursday, and Alabama followed suit hours later as U.S. states executed three men by lethal injection in one day for the first time since 2010. The Tennessee man was executed for killing a maid at a motel in 1985, and the Oklahoma man for killing his girlfriend in 2003. In Alabama, a man was put to death Thursday evening for killing a 5-year-old girl he had paid her mother to abuse.

Tennessee executes Darrell Hines

The state has spent millions of dollars over decades to execute a seriously ill man who was already incarcerated. The state of Tennessee executed death row inmate Darrell Hines Thursday morning, according to an advocacy group.  No formal announcement of the execution has been issued by state leaders yet. The execution was slated for 10 a.m. Thursday at Riverbend Maximum Security Institution in Nashville. [DPN update] Hines was pronounced dead at 10:43 a.m. CDT. His last meal was fried chicken, mashed potatoes and gravy, coleslaw, corn, fries, biscuits, a chicken sandwich, chocolate chip cake, and sweet tea.

Alabama Set To Carry Out Execution This Week

Alabama is preparing to execute Jeremy Williams, who pled guilty to the 2021 rape and murder of five-year-old Kamarie Holland.  The execution is scheduled for Thursday (August 13) at the Holman Correctional Facility in Atmore, Alabama.  Williams, who is 41, requested the death penalty and waived his right to appeal, making this the first execution in Alabama this year.

Oklahoma executes Carlos Cuesta-Rodriguez

Oklahoma has carried out 1 of 3 executions set for the same day in the United States in another sign of the resurgence of the death penalty in the country.  Carlos Cuesta-Rodriguez was pronounced dead at 10:13 a.m. on Thursday, Aug. 13, at the Oklahoma State Penitentiary in McAlester.  He was put to death by lethal injection for the murder of his common-law wife in 2003 at their Oklahoma City home. He admitted to police he shot her twice during an argument.  Cuesta-Rodriguez, 70, did not fight for his life, stunning his attorneys in July when he told the Oklahoma Pardon and Parole Board that he didn't want clemency. "It's time for me to pay for what I did," he said. 

Tennessee set to execute Anthony Darrell Hines

Barring any last-minute interventions, the Tennessee Department of Correction will execute Anthony Darrell Hines by lethal injection at Riverbend Maximum Security Institution in Nashville Thursday morning. This week, two courts had the opportunity to halt the execution: the federal court in Middle Tennessee and the U.S. Supreme Court. Gov. Bill Lee announced Tuesday he personally would not prevent the execution. “After deliberate consideration of Anthony Darrell Hines’ request for clemency, and after a thorough review of the case, I am upholding the sentence of the State of Tennessee and do not plan to intervene,” he said in a written statement. The U.S. Supreme Court has not granted a stay or reprieve.

Tennessee | The doctor who helps put prisoners to death

Dr. Mark Fowler assisted in the failed execution of a Tennessee prisoner. Physicians are meant to heal patients—why is he working in the death chamber? Mark Fowler, a physician with 25 years’ experience, stepped beneath the bright lights and approached the middle-aged man lying on a gurney. Around him, people in medical gowns prepared needles and sterile tubing. It had all the appearances of a hospital setting. Fowler had been called in to help establish an IV line through which the 57-year-old man, Tony Carruthers, would be injected with pharmaceutical drugs. The team had struggled to find a vein, so Fowler was summoned to set a central line—an intravenous catheter inserted into the major vein below the collarbone.

Iran’s War on Women: Executions, Floggings, and the Politics of Fear

The Iranian regime is increasingly using death sentences, corporal punishment, and judicial persecution against women—not only to silence dissent but also to intimidate a society demanding change. The Iranian regime has long viewed women as central to the country’s struggle for freedom—and therefore as central targets of repression. The nationwide uprising of 2022 fundamentally altered the political landscape, demonstrating that Iranian women were no longer merely participants in protest movements but among their principal organizers and symbols. Since then, the authorities have steadily intensified their campaign against women, expanding the use of executions, imprisonment, corporal punishment, and judicial intimidation.

The 'Black Widow' shakes Iran: 10 death sentences for a serial killer who killed 12 men

Kolthum Akbari, an Iranian woman widely dubbed the “Black Widow,” was convicted of serial murders of elderly men she married, often temporarily. Official accounts generally center on 11 murders (plus one attempted murder), though Akbari herself gave varying figures and investigations suggested she had many more marriages.  The sentencing occurred primarily in September 2025 in Mazandaran Province, with ongoing reporting and updates into 2026. The 56- to 59-year-old killer confessed to killing at least 11 elderly men after temporarily or officially marrying them; Iranian authorities have linked her to additional marriages and possible further victims.

Arizona prosecutors seek death penalty a second time for 2 inmates

County Attorney Brad Miller said Aug. 6 that the nature of the attack and both men's past criminal records meet the strict legal bar required for execution under Arizona law. FLORENCE, Ariz. - Pinal County prosecutors are seeking the death penalty against two inmates accused of violently killing a fellow prisoner behind bars, officials announced Thursday. Pinal County Attorney Brad Miller filed a Notice of Intent to Seek the Death Penalty against Pete Van Winkle and Tracy Hampton in connection with the fatal attack on Kenneth Thompson. 

Iran | Executions in Tabriz, Zanjan, Qazvin

Iranian authorities executed at least three prisoners, including two Turks, identified as Amrollah Dousti, Hojjat Khayat, and Yousef Bagheri, in Tabriz and Zanjan Central Prisons. Dousti and Khayat were executed on drug-related charges, while Bagheri was executed for “premeditated murder.” According to information received by the Hengaw Organization for Human Rights, Dousti, 40, from Bandar Abbas and a father of two, and Khayat, 51, from Tabriz and a father of three, were executed in Tabriz Central Prison on Sunday, August 9, 2026.