Investigation faults prison in inmate's suicide; Probe finds MCI for Women failed to address mental health issues

An investigation into Maryland's only prison for women following the 2017 suicide of an inmate found the facility violated the constitutional rights of individuals with disabilities who are placed in segregation and did not take sufficient steps to "prevent future harm."

The investigation, released Friday by Disability Rights Maryland, reviewed the Maryland Correctional Institution for Women and its role in the death of inmate Emily Butler, who was found dead in her cell from an apparent suicide by hanging on Nov. 12, 2017. At the time of her death, Butler, who had a history of mental health issues, was serving a 14-year sentence for a charge related to arson and would have been eligible for parole this past April.

The investigative report recommends reforms for how the prison can better handle inmates with disabilities.

Disability Rights Maryland is the state's designated authority under federal law for conducting investigations into allegations of abuse and negligence for people with disabilities. The group, along with Open Society Institute of Baltimore community fellow Munib Lohrasbi, launched a review after Butler's death in segregation.

The report's findings were based on interviews with women in the segregation unit at the time of Butler's death, video security footage of the unit and a review of the prison's records and log sheets. Investigators also made site visits, reviewed information provided by the warden, interviewed health care contractors, inmates and individuals who provide advocacy and programming for the prison.

The report found that "the restrictive conditions, applied to individuals with serious disabilities, violates the 8th Amendment of the United States Constitution, which prohibits cruel and unusual punishment, including deliberate indifference to the health care needs of incarcerated individuals." It found the prison also violated the Maryland Constitution and the Americans with Disabilities Act.

"The harm from prison segregation practices is pointedly evidenced by the death of Ms. Butler," the report noted.

Michael Zeigler, the deputy secretary of operations for the Maryland Department of Public Safety and Correctional Services, said in an email Friday that the department, along with Warden Margaret Chippendale, "have been nationally recognized for treating inmates with dignity."

When Butler was admitted to the Maryland Correctional Institute for Women in 2015, her extensive mental health history was documented during a psychiatric evaluation, according to the Disability Rights Maryland report. She had been receiving mental health services in the community since 2008 for depressive, bipolar and post-traumatic stress disorders, and she also had a history of multiple self-injury and suicide attempts prior to incarceration, all of which was documented in her medical records, the report noted.

Butler was prescribed psychiatric medications to address her anxiety and depression, but never received regular counseling, according to the report. Butler's depression medications also were changed to address her increased depression symptoms a week prior to her death, the report said.

On Nov. 10, 2017, Butler was sent to segregation - defined as the isolation of someone for 22 hours or more per day with or without a roommate - after she threw coffee on another inmate during a dispute. She was not screened or evaluated for mental health concerns prior to being placed in segregation, the report said.

Multiple women told investigators that Butler was distraught over her argument with her friend and worried that her disciplinary charges would affect her chance for parole, the report states. She repeatedly asked to speak with her father or get mental health help over a period of more than two days, according to the report. She was not allowed out of her cell, aside from the opportunity to shower, the report states.

According to the report, prison policy requires the segregation unit staff to supervise and monitor inmates' behavior and to make security rounds every 30 minutes. However, Butler was last accounted for during the morning count at 7:30 a.m., according to the report, and she was not found until the lunch trays were delivered around 10:15 a.m.

She was declared dead at 11 a.m., but her body lay on the floor in the middle of the segregation unit for hours until the medical examiner arrived, the report states.

The Disability Rights Maryland report makes 20 recommendations, including developing alternatives to segregation for people with serious disabilities and implementing a mandatory pre-screening evaluation before placement in segregation.

Baltimore Sun reporter Justin Fenton contributed to this article.

lireed@baltsun.com

twitter.com/LillianEReed

Credit: By Lillian Reed - The Baltimore Sun - Baltimore Sun reporter Justin Fenton contributed to this article.;lireed@baltsun.com;twitter.com/LillianEReed