FEBRUARY 1, 2010
The Rhode Island ACLU and the R.I. Chapter of the National Organization for Women have today filed an open records lawsuit against the Department of Corrections (DOC), contesting the agency’s refusal to release its policies relating to the use of restraints on women prisoners when they are in labor, delivering a baby or in post-delivery recuperation. The lawsuit, filed in R.I. Superior Court by ACLU volunteer attorneys Neal McNamara and Jillian Folger-Hartwell, seeks a court order releasing the requested documents, imposition of a fine and an award of attorneys’ fees.
Issues surrounding the use of restraints on pregnant women prisoners by correctional institutions have been the subject of recent public debate nationwide. In an effort to examine the propriety of Rhode Island’s practices, the RI ACLU filed an open records request last September with the DOC to obtain its policies and procedures on the subject. Citing “security” reasons, however, the Department refused to release the documents. The DOC did acknowledge, though, that most pregnant women are handcuffed while being transported to, and while in bed recovering from labor at, the hospital.
The lawsuit notes that RI NOW and RI ACLU “share an interest in reviewing and analyzing the requested [DOC] policies and procedures and advocating for changes to them in order to better promote the health, safety and well-being of pregnant women prisoners,” but have been precluded from doing so due to the DOC’s refusal to release the documents.
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