An amputated limb, death: Report details use of restraints abuse in federal prisons
A report issued by the Department of Justice’s Office of the Inspector General (OIG) on Monday, June 30, detailed a series of concerns regarding the use of restraints in the federal prison system. Those concerns ranged from an inmate who had to have their limb amputated following two days in restraints, to another who died after they were pepper-sprayed and restrained in a chair for five hours.
On Monday, acting Inspector General William Blier issued a report to William Marshall, director of the Federal Bureau of Prisons (BOP), outlining a litany of problems identified in the bureau’s use of restraints.
Poor documentary evidence
Namely, the agency took issue with BOP’s lack of documentation detailing an inmate’s time in restraints. As a result, the report accused the BOP of employing policies and procedures that “limited the availability of evidence that could either corroborate or refute inmates’ accounts of what happened while they were in restraints,” thus hindering any attempts at accountability.
The OIG said it receives numerous such reports of mistreatment and abuse every year, including “dozens” between August 2022 and August 2023, which prompted the investigation.
According to BOP’s use-of-force policy, restraint is only to be used as a “last alternative,” and never as a ”method of punishing an inmate” or in “a manner that causes unnecessary physical pain or extreme discomfort.” Rather, restraints can be used to “gain control of an inmate” who is exhibiting “dangerous” behavior, either for themselves or others.
Likewise, the use-of-force policy requires a staff member to check on an inmate in either ambulatory or four-point restraints every 15 minutes, coupled with checks by a lieutenant every two hours.
Ambulatory restraints are those that allow some semblance of movement for eating, drinking and “[taking] care of basic human needs without staff intervention,” while four-point restraints are placed around an inmate’s ankles and wrists, either in a bed or a chair. However, the OIG noted that BOP’s policies do not clearly distinguish between the two.
From an amputated limb to death
The report highlights stories of incarcerated individuals who suffered irreparable harm while held in restraints for days or weeks on end, including one person who had to have a limb amputated after being kept in ambulatory and four-point restraints for more than two days.
Another inmate suffered long-term scarring, and a doctor suspected they developed carpal tunnel syndrome and numbness in the wrist after they were held in four-point restraints for more than three days.
Yet another inmate suffering from psychological distress was held in various types of restraints for a total of 18 days –– including nine in four-point restraints –– but was visited by a psychiatric professional only once per day.
“The OIG finds it troubling that inmates experiencing serious psychological difficulties may be restrained for such extended periods without more frequent mental health intervention, especially given the potential added psychological impact of being in restraints,” the agency wrote in its report.
Meanwhile, the OIG noted that the forms used to document an inmate’s behavioral progress while in restraints were poorly detailed, as was their health.
“During the course of reviewing numerous allegations of abuse or mistreatment of inmates while in restraints, we observed that the 15-minute and 2-hour restraint check forms often contained limited information regarding inmate behavior to justify the continued use of restraints,” the OIG wrote.
In one of the most lengthy periods noted in the report, an inmate was held in restraints for more than 12 days, released for about four hours, and subsequently placed back in restraints for an additional 30 days. The restraints were removed for a week; however, the inmate was placed back in a combination of ambulatory and four-point restraints for 29 more days. During that time, the agency notes, the check forms simply stated that the “restraints appear secure.”
The agency noted that there is no clear guidance on what behavior would necessitate more time in restraints, citing an example of an inmate who, during roughly the last seven hours of a 16-hour stint in four-point restraints, wasn’t released after they “appeared to be sleeping, expressed regret, cried, or said [they] wanted to be taken out of restraints or return to [their] cell.”
The report also highlights an inmate who died after they were pepper-sprayed and restrained in a chair for five hours, as a punishment for getting into an altercation with another inmate. This occurred roughly two hours after the individual was released from more than two days spent in four-point restraints. The cause of death noted on that inmate’s autopsy was “Vaso-Occlusive Crisis due to Sickle Cell Disease Complicating Oleoresin Capsicum Use and Prolonged Restraint Following Altercation.”
The OIG issued six recommendations that BOP should follow when holding inmates in restraints, including video and photographic documentation of routine checks, and more clearly defined policies and procedures, among other things.
In response, the BOP said it “concurs” with all of the recommendations, and is “committed to addressing these issues and implementing meaningful improvements and views OIG’s recommendations as a crucial opportunity to enhance agency practices and ensure the humane treatment of all inmates.”
Ella Rae Greene, Editor In Chief
