ACLU of Indiana legal director discusses finalized IDOC settlement, Eighth Amendment prison standards

MIAMI COUNTY, Ind.--- The American Civil Liberties Union (ACLU) of Indiana finalized $1.2 million in settlements with the Indiana Department of Correction after a multi-year court battle over what they call "dangerous and abusive" conditions at Miami Correctional Facility.

It was the result of 31 individual lawsuits, beginning in 2021, filed by the ACLU of Indiana on behalf of men incarcerated at Miami Correctional who were placed in a restrictive housing unit and left in near-total darkness for at least 23 hours a day.

That $1.2 million is disbursed among those 31 plaintiffs.

ABC57's Annie Kate spoke with the ACLU of Indiana Legal Director, Ken Falk, who described the conditions those prisoners endured, which he argues violated their Eighth Amendment rights.

"The cells had windows that had been broken out by other prisoners, and those windows had been replaced by metal," he said. "So, there were no lights. In many of the cells, the wires to the lights were still live, so they hung down... There was frequent flooding in the cell areas with sewage water, so they'd be in that. Some of them were in there for months at a time."

Falk said he hasn't seen a case like this since.

"There are windows now. There are lights. So those conditions have improved," Falk said. "We get many, many letters from prisoners around the state, complaining of various conditions. But certainly, something as, frankly, outrageous as this has not been repeated to the best of our knowledge."

ABC57 reached out to an IDOC spokesperson, who sent the following statement: "The concerns raised do not reflect the current environment or standards at the Miami Correctional Facility. We are committed to ensuring all individuals in our custody are housed in safe and humane conditions."

"How bad do conditions have to get before it's considered a violation of Eighth Amendment rights?" Annie Kate asked Falk, to which he replied, "The Supreme Court has said the Eighth Amendment guarantees the minimal measure of life's necessities. So, we're talking the minimal standards. It's very hard to demonstrate that violation in most situations because it's such a minimal standard. On the other hand, that does require basically safe conditions. It requires light. It requires water; it requires adequate food. It requires not being in a situation where mice are running over you and interfering with your ability to live. So, there are basic benchmarks which have to be met."

In an April 9 press release, the ACLU of Indiana called for transparency and accountability at Miami Correctional following two deaths in two months of Immigration and Customs Enforcement (ICE) detainees.

The prison has also served as an ICE detention facility since October, and two were found dead in their cells: 59-year-old Lorth Sims died in February, and 55-year-old Tuan Van Bui died in April. ABC57 obtained their autopsy reports, and both men died of cardiovascular disease. The ACLU of Indiana stated that questions still arise over whether those in custody receive adequate monitoring, oversight, and access to care.

"Now that parts of Miami are being used for ICE detainees, we are obviously concerned those minimal conditions be met," Falk said. "Now, those detainees are not subject to the Eighth Amendment at all because they are not prisoners. They are subject to due process, which is a slightly higher standard, arguably, for conditions of confinement."

So far this year, the agency reports 18 people nationally have died while in ICE custody.