Mental Illness and the Use of Force

This wikilog article is a draft, it was not published yet.

by: Abassos • August 19, 2010 • no comments

Good ruling out of the 11th circuit today affirming a 1983 action against a Florida prison for it's policy of using chemical agents against people with mental illness. It is unconstitutionally cruel, under the 8th Amendment, to inflict such force against people who can't control their behavior. Thomas v. DOC

Aside from the favorable nature of the ruling, the case is also an excellent example of the absurd cruelty that has resulted from the massive shift of folks from the mental health system to the criminal justice system. One of the plaintiffs kept getting sprayed with chemical gas when he started to decompensate. He would do well for a while and then his symptoms would start increasing, manifesting in yelling and banging and odd behaviors like jumping on and off his bunk. So the guards, acting according to policy, would spray him with gas, causing "serious chemical burns", "intense physical pain, burning and gagging sensations, and disorientation intended by their proper use" as well as "feelings of intense helplessness, fear of dying, attempts at suicide and exacerbation of other symptoms of mental illness".