Judge rules against gassing Florida's mentally ill inmates. Disturbing video.

[madfloridian]

Hat tip to FLA Politics blog for this tidbit.

"State should stop cruel and unusual punishment"

"When federal Judge Timothy J. Corrigan ruled three weeks ago that spraying mentally ill inmates with skin-blistering chemicals violates the Constitution's ban against cruel and unusual punishment, it seemed that Florida might finally put an end to a horrible, unnecessary practice. Instead, the state is fighting the ruling." "Sick policy: Gassing mentally ill inmates".

Instead of trying to do the right thing, the humane thing...they continue the gassing and moved the two inmates involved in the ruling to another facility.

From a Miami Herald editorial:

Sick policy: Gassing mentally ill inmates

When federal Judge Timothy J. Corrigan ruled three weeks ago that spraying mentally ill inmates with skin-blistering chemicals violates the Constitution's ban against cruel and unusual punishment, it seemed that Florida might finally put an end to a horrible, unnecessary practice. Instead, the state is fighting the ruling. The rationale? Two of the inmates have now been transferred to a safer facility. Meanwhile, the shameful practice of using pepper spray to subdue mentally ill inmates for misbehaving continues at Florida State Prison.

Poignant video report

In his ruling, Judge Corrigan asked that the Department of Corrections and Attorney General Bill McCollum work with lawyers for the plaintiffs to resolve the issue and report back to him by Feb. 10. Instead, the state filed a response saying: ''Past exposure to alleged illegal conduct does not in itself show a present case or controversy regarding injunctive relief.'' In other words: Evidence of past alleged illegal conduct is no proof of current activities that warrant the court's sanction.

An investigative report in November 2007 by WFOR-CBS4, The Miami Herald's television partner, showed how guards at the prison blasted inmates with pepper spray because they refused to stop yelling or banging on the cell doors. The report shows how a thick cloud of the spray quickly fills an inmate's tiny cell, rendering him helpless. To see CBS4's online video report, go to http://cbs4.com/iteam/gasprisons.james.2.592189.html.

Judge Corrigan found that the spraying was inappropriate for two inmates who, because of their mental illness, did not understand the guards' orders to stop screaming and banging on the cell door. He found that four other mentally ill inmates who were sprayed did have the capacity to understand the orders.

Here is the direct link to the video and another article. The new director, James McDonough, has reinstated the video taping and is speaking out.

From CBS4 website, the video is disturbing indeed.

http://cbs4.com/iteam/gasprisons.james.2.592189.html

* Gassed Behind Closed Doors (11/20/2007)

His department facing a lawsuit for a policy which allows guards to chemically gas mentally ill inmates, the head of Florida's Department of Corrections is speaking out about the prison system he inherited which is mired in abuse.

James McDonough, a retired army colonel, took over the reigns of the state's corrections department from James Crosby, who is now in a federal prison convicted on corruption charges and serving an 8-year sentence. He's the same man who previously was in charge as warden of Starke when the incidence of the controversial practice of chemically gassing inmates, including the spraying of the mentally ill, began to balloon.

"When your predecessor leaves you a room that is blocked off with crime tape, you get a hint you got a problem," said McDonough.

Documenting the gassings by videotape ended under Crosby.

Sorry but this is going way too far. This is thorough coverage by this station, kudos to them. Still disturbing.