DOJ Alleges Massachusetts Department of Corrections Conditions Violate the Constitution

A Department of Justice (DOJ) press release dated November 17, 2020 alleges that conditions at the Massachusetts Department of Corrections (MDOC) are violating the Constitution. A DOJ investigation concluded that the MDOC violates the eighth amendment rights of prisoners by denying them access to mental health services, not providing proper assistance when inmates are in a mental health crisis, and putting inmates on prolonged mental health watch in restrictive housing conditions. Prisoners in mental health crisis have engaged in self-harm leading to serious injury or death as a result of MDOC’s failures, according to the release.

Assistant Attorney General Eric Dreiband for the Civil Rights Division said of the crime, “Our investigation revealed that MDOC fails to provide adequate mental health treatment to prisoners experiencing a mental health crisis and instead exposes them to conditions that harm them or place them at serious risk of harm. Remedying these deficiencies promptly will ensure that we protect the constitutional rights of these vulnerable prisoners and promote public safety.”

The DOJ reached the conclusion that MDOC was violating prisoner rights through an analysis of documents, policies and procedures, incident reports, investigative reports, touring prison facilities, and through interviews with prison staff, mental health staff, and hundreds of prisoners.

According to the press release, DOJ’s Civil Rights Division and the U.S. Attorney’s Office for the District of Massachusetts initiated the investigation in October 2018 under the Civil Rights of Institutionalized Persons Act (CRIPA), which entitles the Justice Department to launch an investigation into government-run facilities where there is concern that constitutional rights are being violated.

U.S. Attorney Andrew E. Lelling for the District of Massachusetts said in the same release, “Our investigation found cause to conclude that the Massachusetts Department of Corrections fails to properly supervise and accommodate prisoners suffering from serious mental health issues. The conditions at MDOC facilities show how systemic deficiencies in prison facilities can compound each other and amount to constitutional violations. MDOC has cooperated with our investigation from the beginning and we look forward to working with state prison authorities to implement reform measures.”

The Justice Department provided MDOC with written notice of the allegations and the minimum measures necessary to address them.