"This is a life and death struggle for those with mental illness subjected to isolation, violence, and neglect. Everyone at the State from the governor on down has failed to demonstrate they understand their obligations under the Constitution," said Bien. "You only need to look at the photos that our experts took during their inspection visits last month to know that constitutional violations involving deliberate systemic indifference by the State in the treatment of prisoners have not been addressed."
The plaintiffs' five experts each filed detailed testimony with the court, have invested an extraordinary amount of time, effort and skill in investigating the current conditions of the
prison system: reviewing medical and correctional records, inspecting 11 major CDCR prisons, and reviewing numerous CDCR and Department of State Hospitals documents.
The experts include Dr.
, the former Acting Secretary of the California Department of Corrections and Rehabilitation and Warden of
, former Secretary of the
Department of Corrections. According to Vail in his declaration,
's prison system "is an aberration, a system that continues to move in exactly the opposite direction from what is happening elsewhere in the U.S."
Dr. Haney, Professor of Psychology, Director of the Legal Studies Program and Director of the Graduate Program in Social Psychology at the
University of California at Santa Cruz
, notes in his declaration that
is still the second most overcrowded prison system in the U.S. behind only Alabama. Haney states, "Thus, even with the population reductions,
remains an outlier. It must be noted that some individual prisons are much
overcrowded than the overall system-wide figure indicates, and have scarcely benefitted from population reductions, if at all. It is also important to recognize that there has essentially been no reduction in the overall mentally ill prisoner population, even as the prison system itself has become somewhat less overcrowded."
According to plaintiffs' brief filed in U.S. Federal Court in
on Friday, "The truth is that Defendants are still acting with deliberate indifference to the staffing and resources needed to provide minimally humane mental health care to the
class. The effects of Defendants' systemic deliberate indifference are visible in severely understaffed mental health programs throughout the state where devoted and overworked clinicians struggle to provide care in dangerous conditions and without the support they deserve. They are visible on the faces of
patients waiting in segregation units and holding cells for scarce treatment beds to free up. They are visible in a persistently high rate of suicides in
prison, the vast majority of which are avoidable and foreseeable, and in the long list of persons who have died unnecessarily in suicidal mental health crises in the year and half since Defendants ignored and buried the common-sense suicide prevention recommendations of their own nationally-recognized suicide prevention expert. The facts on the ground demonstrate that life-threatening constitutional violations are current and ongoing."
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SOURCE Rosen Bien Galvan & Grunfeld