Monday, July 11, 2016

New York City Jericho Movement: Settlement reached in Shoatz v. Wetzel
July 11, 2016: Pittsburgh PA

A settlement has been reached in the case of Shoatz v. Wetzel, which challenged the 22-year solitary confinement of Abolitionist Law Center client and political prisoner Russell Maroon Shoatz. This brings an end to litigation begun in 2013. In February 2014, following an international campaign on behalf of Shoatz, he was released from solitary confinement.

In exchange for Shoatz ending the lawsuit the Pennsylvania Department of Corrections (DOC) has agreed that it will not place Shoatz back in solitary confinement based on his prior disciplinary record or activities; Shoatz will have a single-cell status for life, meaning he will not have to experience the extreme hardship of being forced to share a cell following decades of enforced isolation; a full mental health evaluation will be provided; and the DOC has paid a monetary settlement.

Russell Maroon Shoatz had the following to say about the settlement: “I have nothing but praise for all of those who supported me and my family for all of the years I was in Solitary Confinement, as well as helped to effect my release. Since joining the struggle for Human Rights in the mid 1960s, I have always chosen to fight! Frederick Douglass was right when he said ‘Power concedes nothing without a demand.’ So have no doubt that I see this Settlement as anything but the latest blow struck, and you rest assured that I will continue in the struggle for Human Rights. Straight Ahead!”

The UN Special Rapporteur on Torture, Juan E. Mendez, said: "This settlement is a major contribution to the quest to outlaw prolonged solitary confinement in the US and around the world. I congratulate Mr. Shoatz and his family for not giving up and his team of lawyers for a committed and highly professional approach to justice."

Shoatz had been held in solitary confinement in the Pennsylvania Department of Corrections (PADOC) since 1983. For 19 months between 1989 and 1991 he was held in the general population of the federal penitentiary at Leavenworth. Upon return to the PADOC in 1991 he was immediately placed back in solitary confinement and held there until February 20, 2014, when he was released to the general population at State Correctional Institution Graterford, 10 months after he filed suit in Shoatz v. Wetzel.

The case challenged the more than 22 consecutive years that Shoatz spent in conditions of solitary confinement as cruel and unusual punishment due to the severe deprivations of basic human needs imposed on Shoatz, including mental health, environmental stimulation, social interaction, sleep, physical health, and exercise. Shoatz also challenged violations of his procedural and substantive due process rights.

As noted by Judge Eddy in her February 2016 decision ordering a trial in the case, plaintiff’s expert, psychiatrist Dr. James Gilligan, stated in his report in the case that Shoatz has spent “virtually his entire adult life in complete and coerced social isolation (and sensory deprivation) - which is among the most abnormal and pathogenic environments in which it is possible to place a human being.”

The decision also quoted United Nations Special Rapporteur Juan Mendez, who was another expert for the plaintiff:

The conditions of detention of Mr. Russell Shoatz, in particular his indefinite solitary confinement eventually lasting 29 years, constituted cruel, inhuman or degrading punishment under customary international law standards. . . . [E]ven if isolation of inmates is not per se contrary to those practices, indefinite or excessively prolonged regimes of solitary confinement like the one suffered by Mr. Shoatz certainly do. In addition to the excessive duration and indefinite nature, his isolation contradicts the trend of all civilized Nations in that it was imposed on the basis of status determinations unrelated to any conduct in his part, and through a meaningless procedure that did not afford him a serious chance to challenge the outcome.

Shoatz was released from solitary confinement after an international campaign led by his family and supporters. The campaign to release Shoatz included the support of five Nobel Peace Prize Laureates: Jose Ramos-Horta of East Timor, Mairead Corrigan Maguire of Northern Ireland, Archbishop Desmond Tutu of South Africa, Jody Williams from the United States, and Adolfo Perez Esquivel of Argentina. Several U.S. civil and human rights organizations also endorsed his release from isolation.

In March 2013, United Nations Special Rapporteur on Torture and Other Cruel, Inhuman, and Degrading Treatment and Punishment, Juan Mendez, called on the government “to cease the prolonged isolation of Mr. Shoat[z].” (see Democracy Now! interview with Juan Mendez and Matt Meyer discussing Maroon at this link).

Shoatz was represented in this case by Bret Grote and Dustin McDaniel of the Abolitionist Law Center; Harold J. Engel; and Reed Smith attorneys Rick Etter and Stefanie L. Burt.

Russell Shoatz III  347-697-5390
Theresa Shoatz 267-456-7882
Bret Grote  412-654-9070    

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