dealing with the use of restraints was explicit and detailed with the intent that this practice would be closely monitored.
One of the requirements of the restraint procedure (Paragraph 19(iv)) is that a separate log must be kept reflecting the use of restraints, the time of approval and the reasons for the restraints. A log exists, but it has not been properly maintained and does not comply with the court order.
Patricia Lewandowski, R.N., a nurse at ACJ, testified at her deposition that there was no restraint log until the early part of March, 1983, after this case was reopened. Prior to March, 1983, Ms. Lewandowski stated that the doctor's restraint orders were recorded on any piece of paper that could be attached to the inmate's chart or file.
Donald P. Breneman, M.D., a psychiatrist and the administrator of the mental health program at ACJ also testified that restraint orders, which included the reasons for the restraints, were written on the inmate's chart. Dr. Breneman testified that a separate log had been maintained, however, he was aware of the difficulty in finding it when it was requested by the plaintiffs in preparation for this hearing.
We are of the opinion that a separate and exact log has not been properly kept since our order. It is true that the restraint orders and reasons therefore are kept in the inmate's chart, and we have no quarrel with that procedure. However, we believe it is of vital importance that a separate, independent, accurate log be preserved to which anyone can refer, such as corrections officers, staff members or anyone else at ACJ who might not have access to the medical charts but would have a legitimate interest in the use of restraints. The log should afford individuals information concerning the use of restraints.
Paragraph 19(i) of the Order provides that "inmates requiring restraints will be housed only in a hospital setting and only on regular beds with a mattress, clean sheet or mattress and blanket."
When we made that order, we were speaking only of the use of restraints on male inmates since the conditions related to female inmates were not at issue. However, we have now been asked to view the conditions of restraints as they apply to the female population.
The female inmates with mental health or disciplinary problems are housed on A Range within the female section of ACJ. The A Range holds eight cells. One of the cells is known as the "glass" or "plastic" cell. It is a cell in which there is only a perforated metal cot and a toilet enclosed in a metal closet. In front of the bars is a plexiglass shield. The only light within the glass cell is the light from the outside hallway. This cell is used for women who are possible suicide victims, violent or those whom the medical staff believes need close attention.
The cot within the cell is attached to the wall. It is a large sheet of metal with holes the size of a fifty cent piece scattered throughout. On both sides of the metal cot are handles to which arm and leg restraints can be attached. A mattress may be placed on the metal sheet.
The plaintiffs raised questions in this case about the use of this cell and cot. Through testimony of a female inmate who voluntarily helped care for other women in this cell and from a female corrections officer, we find that some women inmates have been partially or totally stripped of their clothing and placed in restraints on this metal cot without a mattress. Their only covering was a blanket which would frequently fall to the floor. Bed pans were sometimes used because some of these women were not released from the restraints to use the toilet facilities. Some women occasionally lay in their own waste. Such uses are not consistent with the 1978 Order. We see no reason why an inmate, male or female, should be restrained without clothes or a mattress. If they are in restraints they obviously cannot tear at their clothes or use them for suicide purposes.
We realize that there are occasions when restraints are a life-saving necessity, but such occasions must be kept at a minimum, closely monitored and utilized as humanely as possible.
Paragraph 10 of the 1978 Order provides that "upon admission to the jail each inmate shall be provided with a clean towel, clean sheet and clean blanket . . . There shall be a sufficient number of towels available . . . in the jail's bathhouse." Paragraph 11 provides that inmates without adequate clothes shall be furnished such clothes within 24 hours of admission. Upon admission, an inmate is also to be given soap, a toothbrush and toothpaste. Throughout the past two to three years, these supplies have not been distributed as ordered. Distribution has been uneven at best and non-existent at worst.
Shortages of supplies, especially towels, the occasional unavailability of the supply officer and the dramatic increase in jail population have resulted in violations of our order. While this portion of our order has not been totally observed by the defendants, we believe that at the moment it is not a drastic problem. The defendants must keep a closer watch on their system of obtaining, maintaining and distributing supplies.
4. Male Isolation Cell
The use of the male isolation cell, like the use of restraints, was something which caused us to draft in 1978 a detailed order regarding the procedure to be followed. Paragraph 24(ii) states:
Inmates who are placed in the isolation cell shall not be stripped of their clothing; however, their shoes and belts may be removed in the interest of their personal safety.
The plaintiffs contend that the defendants have not complied with our order. Specifically, they alleged that, in violation of the order, inmates are stripped to their underwear when being placed in the cell.
We find that inmates are being stripped to their underwear when placed in the isolation cell. In 1978, we were appraised of the risks of suicide, and this is why we permitted belts and shoes to be removed. Current testimony reiterated the possibility of suicide among those placed in the isolation cell. However, we were aware of that fact in 1978, and we still believe that the removal of belts and shoes is all that is necessary unless the log reflects that the doctor is of the opinion that the inmate should be stripped to his underwear.
5. Law Library
Courts have long held that inmates have a constitutionally protected right to have access to a law library. Bounds v. Smith, 430 U.S. 817, 97 S. Ct. 1491, 52 L. Ed. 2d 72 (1977). As a result, in 1978 we ordered that a law library be maintained at ACJ. Paragraph 27 of the order stated that this library "shall be available for daily inmate use." As previously mentioned the order was directed only to conditions affecting the male population. In the case at hand, the plaintiffs have called our attention to certain aspects of the women's quarters.
On our recent tour of the jail, and through testimony of a female inmate, we learned that the female inmates at ACJ do not have their own law library, nor do they have access to the law library located in the male section of the jail.
This constitutional right must apply equally to both sexes and, therefore, the women at ACJ may not be deprived of access to a law library.
6. Laundry Services
In 1978, one of the more significant problems at ACJ was the laundry service. Inmate laundry workers were charging a fee (usually in the form of cigarettes) to do other inmates' laundry. With that in mind, Paragraph 15 of the 1978 Order states:
Free personal laundry service shall be provided to all inmates at least once a week. The defendants shall devise a system to prevent inmate laundry workers from charging a fee for laundry services. Said plan shall also describe in detail the operation of the laundry service and shall be prepared by January 1, 1979.