Justice Department Files Statement of Interest in Challenge to the Constitutionality of Solitary Confinement of Children in Juvenile Justice Settings

The Justice Department filed a statement of interest yesterday in a lawsuit brought in the U.S. District Court for the Central District of Illinois alleging that conditions in a juvenile detention facility violate the Constitution. The statement explains that the 14th Amendment protects children from illegitimate or excessive use of isolation in juvenile justice and adult correctional settings. It further explains how placing children in isolation seriously harms them, and how a lack of access to essential services while in isolation exacerbates that harm.

“The federal government recognizes that children are developmentally and constitutionally different than adults and that excessive isolation causes children unique and significant harm,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Harmful conditions of confinement, including isolation, undermine the very purpose of the juvenile justice system, which is to provide children with rehabilitative treatment so they may return to their communities as productive, law-abiding citizens. State and local institutions must ensure that children in institutions are safe from harmful conditions that violate their constitutional rights and undermine that purpose. We are committed to enforcing this obligation.”

Plaintiffs in J.B.H. v. Knox County allege that the Mary Davis Detention Home (MDH) in Knox County, Illinois, routinely subjects children, including children with mental health conditions and histories of trauma, to prolonged periods of harmful isolation in violation of the Constitution. While in isolation, MDH allegedly deprives children of basic needs, such as education, mental health services, sleep and human contact, exacerbating the harm that children suffer.

Over the past year, the Justice Department secured a settlement agreement with Connecticut to address unconstitutional conditions for children in the Manson Youth Institution, issued a findings report regarding conditions at five post-adjudication facilities for children in Texas and opened an investigation of conditions at nine juvenile justice facilities in Kentucky. Additional information about the Civil Rights Division’s work protecting children’s rights in the juvenile justice system is available at www.justice.gov/crt/rights-juveniles.

For more information on the Civil Rights Division and the Special Litigation Section, please visit www.justice.gov/crt/special-litigation-section. Complaints about unlawful confinement practices may be reported to the Civil Rights Division through its internet reporting portal at civilrights.justice.gov.