New York courts bolster limits on solitary confinement in state, city prisons in separate rulings

ALBANY, N.Y. (NEXSTAR) — Two court rulings were handed down this week about restrictions on solitary confinement in correctional facilities in New York. One lifted emergency orders from New York City Mayor Eric Adams, and the other lifted a suspension of the Humane Alternatives to Long-Term Solitary Confinement Act.

Meanwhile, earlier in the week on Monday, Manhattan Supreme Court Judge Jeffrey Pearlman vacated Adams’ order blocking Local Law 42, which banned solitary confinement in NYC jails. The decision came in response to a lawsuit filed by the City Council and Public Advocate Jumaane Williams.

The city council passed Local Law 42 in 2023 after years of hearings and debate, including input from the mayor and the New York City Department of Correction, not to be confused with the New York State Department of Corrections and Community Supervision. It banned solitary and other severe restrictions on movement, granted due process protections during disciplinary hearings, improved services offered to the incarcerated, and required more reporting on discipline.

Adams vetoed the law, but the council overrode his veto, all within a month of its initial passing. He declared a state of emergency and issued two emergency orders suspending it the day before it would have taken effect, which he periodically renewed.

The mayor cited staffing shortages and the inability of guards to constrain prisoners to justify the emergency. But those orders were challenged for being arbitrary and capricious, contradicting the law, and usurping council authority.

The court found that using emergency powers here violated the law. Pearlman said that the city council overturning the mayor’s veto was not actually an emergency, but “a democratic process, clearly laid out in the New York City Charter.” He also ruled that Adams cannot make further orders to prevent that law.

Victor Pate, HALTsolitary Campaign Co-Director and a survivor of solitary on Rikers Island, applauded the decision. “The mayor and DOC must now finally implement Local Law 42 to end solitary confinement and utilize alternatives proven to reduce harm and improve safety for everyone,” he said.