[A] Vermont prisoner has filed a discrimination lawsuit against the state for incarcerating him long past his minimum sentence. The inmate alleges he continues to be held because there is a lack of transitional housing accommodating prisoners with disabilities.
The lawsuit, filed in federal court Thursday by the group Disability Rights Vermont on behalf of the prisoner, claims that the state violated the Americans with Disabilities Act, as well as other laws.
The unnamed plaintiff, referred to as Prisoner A in the suit, has been eligible for release since July 13, 2013, when he completed his minimum sentence, the lawsuit states, but he continues to be incarcerated.
Other people in similar situations to Prisoner A are typically released at or shortly after they complete their minimum sentence, the complaint says.
The 37-year-old inmate at Southern State Correctional Facility in Springfield is diagnosed with schizo-affective disorder and depression, according to court papers.
The complaint claims that he continues to be held in prison “because of the failure of (the state) to have a reasonably functional system in place to identify and implement appropriate disability-related supports in the community to prevent continued, unnecessary and harmful institutionalization.”
The state and the Vermont Department of Corrections are named as defendants in the case, along with the Agency of Human Services, the Department of Mental Health and the Department for Disabilities, Aging and Independent Living. All three departments may work together to coordinate services for inmates as they leave the corrections system, depending on their mental health needs.
The lawsuit does not identify the prisoner by name, nor does it provide his conviction or his sentence. AJ Ruben, supervising attorney at Disability Rights Vermont, refused to answer questions about specifics about the prisoner.
“From our perspective, it doesn’t really matter what he did to get him there,” Ruben said. “The question is whether he’s being discriminated against because of his disability.”
According to the court papers, the prisoner has experienced “exacerbated mental, emotional, and physical harm and trauma” as a result of his continued incarceration. He also made one “significant suicide attempt,” the court papers say.
Court papers also claim that the prisoner’s case had been the subject of meetings with the Statewide Interagency Team, a team of representatives from different state departments and local agencies who may work together on coordinating services for an offender as they re-enter the community.
Ruben said that there is a dearth of transitional housing resources in Vermont for offenders who require additional supports for disabilities.
“We think this is an issue that affects a lot more people than just this one prisoner, and that’s why we are representing this prisoner,” Ruben said.
Defender General Matt Valerio declined to comment on the Disabilities Rights Vermont lawsuit.
According to DOC Commissioner Lisa Menard, 224 inmates are currently incarcerated past their minimum sentences because they do not have an adequate place to live.
Menard said that she was unable to comment on the lawsuit because it is pending litigation.
Earlier this year, a prisoner at SSCF died by suicide. Patrick Fennessey, 34, had repeatedly struggled to find a living situation in the community that met the requirements for his mental health and corrections needs.
He had been living in the community, but returned to prison in summer 2014, some eight months before his death, because of the violation of a housing requirement.
An investigation by the Defender General’s Office found that a DOC field service unit discovered that the monitor who lived with Fennessey was intoxicated.
