Prisoners’ Rights

Prison Health

In 2005, the Civil Rights Division of the U.S. Department of Justice (USDOJ) opened a formal inquiry into medical care and other systemic issues inside Delaware prisons.  On December 29, 2006, the USDOJ and the State of Delaware entered into a Memorandum of Agreement, which requires the State of Delaware to take measures to ensure that adequate medical and mental health care is provided to its inmates.  Shortly thereafter, in May 2007, the Delaware Department of Correction (DDOC) issued a comprehensive Action Plan that identifies the specific measures that the DDOC intends to take in order to bring the four facilities covered by the Agreement into compliance.  The facilities are the Howard R. Young Correctional Institution, the Delores J. Baylor Women’s Correctional Institute, the Delaware Correctional Center, and the Sussex Correctional Institution.  The Action Plan was submitted to and accepted by the USDOJ. 

To read about the progress of the DDOC under the Action Plan, click here. 

If, despite the Action Plan, your loved ones are experiencing problems obtaining adequate health care while incarcerated, we can help.  Since 2008, the ACLU of Delaware has been advocating on behalf of prisoners by contacting prison officials at the state level to make them aware of their problems and to encourage them to take immediate corrective action.  If your loved ones wish to authorize us to do so for them, please have them fill out the form below and send it to us at 100 W. 10th St., Ste. 603, Wilmington, DE, 19801.  Please ask them to describe in detail the nature of their health and healthcare problems and, if possible, to provide copies of any grievances they have filed in relation to the lack of adequate care, as well as any appeals they have filed of denied or unresolved grievances.

Please understand that this is not an offer to represent your loved ones as their attorney. 

Authorization Form

D.M.

D.M. is an inmate in Delaware who contacted us after having difficulty getting Delaware Department of Correction (“DOC”) officials to recognize his legal name change.  D.M. had changed his name prior to being incarcerated, and had informed a number of officials of this through both the grievance system and letters, but continued to face problems nonetheless.  For example, he was informed that he would not be permitted to use the law library when filling out his request under his legal name, and that he would not be permitted to have important legal documents notarized under his legal name.  We contacted DOC officials to advocate on his behalf, and D.M. tells us that he now uses his legal name without any problems. 

“This evening, Officer O. came and escorted me to booking and receiving and as of 9:00 PM, I am in possession of the Department of Correction I.D. card bearing the name “D.M.”  I’m soaked and wet from walking through the rain to get it but it was worth the walk.  I wish to thank you and the American Civil Liberties Union of Delaware for all that you have done.”

ACLU v. Danberg:  Challenging a FOIA Denial of Prison Health Documents

On August 8, 2006, we filed suit against the Delaware Department of Correction (DOC) to challenge the denial of a Freedom of Information Act (FOIA) request.  Two months earlier, we had requested a copy of the Department’s treatment protocols for various illnesses and conditions, such as HIV/AIDS; hepatitis; diabetes; heart disease; and cancer; and the Department’s operating procedures with respect to wellness visits, including routine gynecological care.  On June 27, 2006, the DOC responded that those records were exempt from the definition of public record because they are “trade secrets and commercial or financial information” belonging to Correctional Medical Services (CMS), the Department’s contracted medical provider, and because the ACLU is a “potential litigant” against the State, and therefore, not permitted to use FOIA to request public documents.

On March 15, 2007, Judge Slights (Superior Court for New Castle County), held that the “potential litigation” exemption to FOIA is to be construed narrowly.  The resolution of this issue has important implications for the rights of the public, and of watchdog groups like the ACLU, to obtain public records in the future. 

The ACLU and CMS disagree as to whether the documents requested by the ACLU are trade secrets or confidential commercial information exempt from disclosure under the Delaware FOIA.  However, on July 19, 2007, CMS and the ACLU settled the lawsuit in a manner that achieved each party’s objective.  ACLU will be allowed to review the CMS documents subject to a non-disclosure agreement that assures that the CMS documents will remain confidential.

Michael Kirkpatrick and Jennifer Soble, of Public Citizen Litigation Group in Washington, D.C., were the Cooperating Attorneys. 

Meyer v. Ryan, et al.:  Retaliation Against Prisoner for Asserting Her Rights

The ACLU of Delaware entered a prisoners’ rights case on behalf of a formerly pro se plaintiff named Terri Meyer, an inmate at Baylor Women's Correctional Institution in New Castle.  Ms. Meyer, who has been a model inmate during her period of incarceration, was retaliated against by prison officials for invoking her First Amendment and due process right of access to the courts.

For more than four years, Ms. Meyer served as the inmate paralegal in the prison law library.  In that capacity, she was able to help many other women research their criminal cases and advocate for their civil rights.  In late 2005, Ms. Meyer was preparing a lawsuit to challenge numerous unconstitutional prison conditions at Baylor, including, among other things, inmates housed in multi-purpose closets who were not let out frequently enough to go to the bathroom, as well as inadequate medical treatment.  When the Warden discovered her draft complaint in late 2005-early 2006, her legal work was confiscated; she was moved from the honor pod to a higher security Mental Health Unit; she was fired from her position as the inmate paralegal; and she was told she was no longer welcome in the law library.

The lawsuit is pending before Judge Robinson in the District Court for Delaware.  Liam Braber and Chris McCabe, of the Philadelphia law firm Jacoby Donner P.C., are serving as Cooperating Attorneys.

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