[South Carolina] Protection and Advocacy for People with Disabilities v. Cannon – U.S. Statement of Interest

On September 14, 2020, the DOJ filed a statement of interest involving young people between the ages of 11 and 16 subject to “a broad range of unconstitutional conditions, including unsanitary and unsafe conditions, use of excessive force,  overcrowding, lack of recreation and programming, inadequate health and mental health care, and inadequate educational services.” The DOJ intervened in this lawsuit to assert that punitive and excessive isolation of youth is unconstitutional. “Under the Due Process Clause of the Fourteenth Amendment, young people are entitled to protection from punitive isolation.” The DOJ also explains that these practices are in violation of the First Step Act, stating, “The Act explicitly prohibits the isolation of children ‘for discipline, punishment, retaliation, or any reason other than as a temporary response to a covered juvenile’s behavior [which] poses a serious and immediate risk of physical harm to any individual, including the covered juvenile.’ The Act requires that facility staff members attempt to use less restrictive techniques prior to resorting to isolation, including talking with the child in an effort to de-escalate the situation, and allowing a qualified mental health professional to talk to the child.”