Lawsuit Alleges New York Holds Juveniles in Solitary Cells Without Toilets

Teenagers as young as 12 years old in New York juvenile detention centers are held for prolonged periods in solitary confinement cells without plumbing, according to a lawsuit filed earlier this month.

A federal class action lawsuit filed by the Legal Aid Society and the law firm Jenner and Block alleges that the New York State Office of Children and Family Services (OCFS) “routinely and unlawfully imposes solitary confinement in its five secure placement facilities, locking youth as young as 12 years old alone in small, barren cells for extended periods with no recourse to secure their release.”

Although the OCFS is required to provide minors in custody with seven to eight hours a day of educational programming and recreation, the lawsuit alleges that staff shortages and extended lockdowns have led to teenagers being held in filthy, dehumanizing confinement cells for 23 to 24 hours a day—in some cases for weeks or even months at a time. The prolonged isolation, the lawsuit argues, subjects minors to profound mental distress and physical health risks, violating their Eighth and 14th Amendment rights, as well as the Americans with Disabilities Act.

New York enacted a law in 2022 limiting the use of solitary confinement in adult prisons and jails, but the law doesn’t apply to the OCFS, which, in addition to handling adoption, child protective services, and foster care in the state, also runs five “secure placement facilities” for minors convicted of offenses in family or youth court.

“OCFS must immediately put an end to these barbaric unlawful and inhumane practices and ensure these young New Yorkers are provided appropriate care, including basic hygiene, education and rehabilitative services,” Dawne Mitchell, the chief attorney for Legal Aid Society’s juvenile rights practice, said in a press release.

The suit includes three named plaintiffs, all minors who allege they are regularly subjected to prolonged solitary confinement without administrative recourse by OCFS, both as punishment and because of regular unit-wide lockdowns. They eat alone in their cells, which often lack plumbing.

“Almost none of the cells in which youth are routinely held have toilets or sinks. As a result, youth must ask to be released from their cells to use the bathroom or be forced to use garbage pails, water bottles, food containers, or buckets to relieve themselves,” the lawsuit states. “The smell of urine and feces can permeate these units.”

All three of the named plaintiffs describe suffering mental degradation during periods of solitary confinement. One was placed on suicide watch and is considering requesting a transfer to an adult prison.

The mother of another of the plaintiffs, a 17-year-old named Isaac, told New York Focus that her son has frequent anxiety attacks because of the isolation.

“I told him, ‘Whenever you feel that way and you’re on lockdown because of lack of staff, just think of my voice, hear me talking to you, pray, reread my letters,'” the mother said.

In 2011, the United Nations Special Rapporteur on torture concluded that solitary confinement beyond 15 days constituted cruel and inhumane punishment. The severe psychological effects of solitary confinement have been known for at least two centuries, and teenagers are considered especially vulnerable to those risks because of their still-developing brains.

The number of people held in solitary confinement on any given day across U.S. prisons and jails has been generally declining over the past two decades as states have limited the practice. A 2021 snapshot of the U.S. prison population found that there were roughly 50,000 people being held in solitary confinement.

However, since COVID-19, chronic understaffing and rising prison populations have led state prisons in many states to resort to extended lockdowns. For example, a report released last year by FAMM, a criminal justice advocacy group, found that two overcrowded, understaffed Wisconsin prisons were on lockdown for more than a year in 2023 and 2024.

“For incarcerated people, lockdowns mean no access to law libraries, attorneys, education programs, or even basic hygiene without difficult choices—like deciding between the first shower in days or a five minute call to a loved one,” the report said.

The OCFS did not immediately respond to a request for comment. However, in a statement to New York Focus, an agency spokesperson said, “OCFS does not endorse or condone the use of isolation for punishment. We have clear protocols that are designed to ensure the safety of youth, and staff, while incorporating trauma-informed and mental health-responsive practices. We will continue to work diligently to ensure the safety and well-being of all those under care of our facilities.”