Former Inmates File Solitary Confinement Class Action Lawsuit

Two former inmates who served time in Newfoundland and Labrador’s correctional system have hit the province with a proposed class action lawsuit on behalf of inmates who were subjected to solitary confinement for periods lasting longer than two weeks.

Last month, the law firm of Morris Martin Moore announced that it was seeking certification of the solitary confinement class action lawsuit Canada on behalf of plaintiffs Paul Hennebury and Nikita Pearce.

Lawyers at the firm say they are seeking more inmates who were subjected to solitary confinement in Newfoundland and Labrador’s correctional system. They are particularly interested in finding inmates who were held in solitary confinement for periods longer than 15 days.

Class Action Lawsuit Calls Solitary Confinement Unconstitutional

According to the proposed solitary confinement class action lawsuit, prolonged solitary confinement is unconstitutional and causes significant harm to the inmates.

“It’s a cruel and unusual form of imprisonment,” said lawyer Lynn Moore.

“When you deprive someone of human interaction for extended periods of time, then you do them psychological harm. There is evidence from experts that there is real damage done to people who are deprived of human contact.”

Moore also argues that the practice of putting inmates in solitary confinement is contrary to the goal of rehabilitation.

“The object of the criminal [justice] system is to make society safer,” Moore said. “We don’t make society safer if we put people in prison and they come out worse than when they went in. They come out damaged. They come out with exacerbated mental health issues.”

According to the solitary class action lawsuit, the use of solitary confinement for periods of 15 days or longer not only violates inmates’ constitutional rights, it also constitutes a breach of the provincial government’s duty to care for prisoners in provincial institutions.

The correctional institutions named in the solitary confinement class action lawsuit include: the Correctional Centre for Women in Clarenville, Her Majesty’s Penitentiary, the Bishop’s Falls Correctional Centre, the West Coast Correctional Centre, and the Labrador Correctional Centre.

Plaintiffs Say Solitary Confinement Affected Their Mental Health

Paul was reportedly an inmate at Her Majesty’s Penitentiary and Nikita Pearce served time at the Correctional Centre for Women in Clarenville. Both plaintiffs say they were put in solitary confinement for periods of longer than 14 days.

They claim that the detrimental effects of extended periods of solitary confinement on mental health are well established. Both plaintiffs say they became anxious and depressed from their time in solitary confinement.

According to Moore, Nikita was prescribed medication and felt like a “zombie” after solitary confinement.

The class action lawsuit Canada asserts that inmates subjected to solitary confinement regularly experience negative effects including anger, aggression, psychosis, hallucinations, and paranoia. They can also become suicidal.

Moore says that prolonged solitary confinement is “a form of psychological torture and should not be tolerated.”

“Human beings are social creatures and we need social interaction,” Moore says. Without social interaction, “there are very severe mental health consequences.” She says that subjecting inmates to periods of prolonged solitary confinement hinders their rehabilitation.

“The idea behind the criminal justice system is to make our society safer, and we’re not doing that if we damage people when we put them in a custodial facility by depriving them of human contact,” according to Moore. “We’re making society less safe, which is contrary to the purpose.”

Lawyers representing the plaintiffs say they’re pursuing a class action lawsuit in order to attract media attention and potentially facilitate a change regarding the correctional system’s use of solitary confinement. They are also seeking to speak to other former inmates who have experienced prolonged solitary confinement.

The solitary confinement class action lawsuit must be certified by a judge before the case can move forward in the court system.

Prison Systems Facing Other Solitary Confinement Class Action Lawsuits

Correctional institutions have been coming under fire recently for their treatment of inmates. Earlier this year, a panel of Ontario Court of Appeal judges agreed with a lower court’s finding that a practice similar to solitary confinement constitutes cruel and unusual punishment in violation of prisoners’ rights.

The appeals court also upheld the lower court’s ruling that federal inmates covered by the two solitary confinement class action lawsuits should be awarded $40 million in damages for the time they spent in solitary confinement.

The COVID-19 pandemic has added another level of concern for prison inmates. A former inmate at the Edmonton Remand Centre has reported that the facility’s COVID-19 quarantine unit is “hell” and some inmates have tried to conceal their symptoms to avoid being locked in the unit for two weeks.

The plaintiffs are represented by Morris Martin Moore.

Have you or a loved one spent time in solitary confinement? Do you think solitary confinement is cruel and unusual punishment? Tell us your thoughts in the comment section below! 

Read More Lawsuit & Settlement News:

Innu Nation Files Lawsuit Against Hydro-Québec

Forensic Psychiatrist Dr. John Bradford Talks About Catholic Church Sexual Abuse

Long-Term Disability Lawyer | Insurance Claim Denial Help

Pandemic Business Interruption Insurance Canada Potential Lawsuit