Prisoners' Rights

The ACLU established its National Prison Project in 1972 and is the only national litigation program on behalf of prisoners. The ACLU continues to fight unconstitutional conditions and the "lock 'em up" mentality that prevails in the legislatures. The action on behalf of prisoners’ rights include addressing conditions of confinement, immigrant detention, lack of physical and mental health care, over-incarceration (including skyrocketing incarceration rates, the impact of truth-in-sentencing and racial disparities), restriction of many constitutional rights (including freedom of religion), and the needs of women in prison.

Federal Court Upholds Transgender People’s Right to Access Medical Treatment in Prison
Friday August 5, 2011
The U.S. Court of Appeals for the Seventh Circuit upheld the right of transgender people to receive medical care while they are incarcerated. The American Civil Liberties Union, the ACLU of Wisconsin and Lambda Legal had challenged a Wisconsin law that prohibited prison doctors from prescribing hormone treatment or sex reassignment surgery to transgender inmates. This was a discriminatory law that cruelly singled out transgender people by denying them – and only them – the medical care they need. Read more…
Press Release: 8/5/2011 - Federal Court Upholds Transgender People’s Right to Access Medical Treatment in Prison
Court Decision: read the full text (PDF)

Federal Appeals Court Hears Arguments In Case Defending Transgender People’s Right To Access Medical Treatment in Prison
Monday February 7, 2011
Today the U.S. Court of Appeals for the Seventh Circuit heard oral arguments about the rights of transgender inmates in Wisconsin prisons. The ACLU, the ACLU of Wisconsin and Lambda Legal sued the state on behalf of transgender inmates, some of whom had been receiving hormone treatment in Wisconsin prisons for years. “The district court correctly struck down a discriminatory law that denied transgender people, and no one else, crucial care for a serious medical condition,” said John Knight, senior staff attorney with the ACLU Lesbian, Gay, Bisexual and Transgender Project. “We hope that the court of appeals affirms this ruling and recognizes that medical treatment decisions must be based on medical, rather than political, justifications.” In 2005, the state of Wisconsin passed a law that barred prison doctors from providing transgender inmates medically necessary hormone therapy or sex reassignment surgery while in state custody. The court case got media mentions in the Milwaukee Journal Sentinel, a blog of the Capitol Times and Common Dreams.
Press release: 2/7/2011 - Federal Court Hears Arguments In Case Defending Transgender People’s Right To Access Medical Treatment in Prison (PDF)
Audio: 2/7/2011 – Raw audio of appeals court argument

ACLU of WI Wins Lawsuit Over Deficient Health are in WI Women’s Prisons
Thursday August 20, 2010
The ACLU of Wisconsin has filed papers seeking court approval of an agreement to settle a longstanding class-action lawsuit charging that grossly deficient medical and mental health care jeopardized the lives of female prisoners at the state’s largest women’s prison. As part of the agreement, state officials have agreed to implement a number of significant structural improvements aimed at ensuring that female prisoners receive the same levels of mental health care as the state’s male prisoners. “Today’s settlement is a real victory for all female prisoners at TCI who will no longer have to suffer needlessly in a system that fails to comply with the requirements of the U.S. Constitution,” said Gabriel Eber, staff attorney with the ACLU National Prison Project. “This settlement will lead to dramatic improvements in the quality of health care prisoners will receive.” Read more…
Press Release: 8/20/2010 - ACLU Settles Lawsuit Charging Inadequate Care at Wisconsin Women’s Prison (PDF)

Wisconsin Federal Court Says Transgender People Must Be Allowed Medical Treatment in Prison
Wednesday, March 31, 2010
The U.S. District Court for the Eastern District of Wisconsin Wednesday struck down a law that barred transgender people from receiving medical care while they are incarcerated. The American Civil Liberties Union and Lambda Legal challenged the law in January 2006 on behalf of transgender prisoners, some of whom had been receiving hormones in Wisconsin prisons for years prior to the passage of the law. The lawsuit charged that it is a violation of the Constitution’s guarantee of equal protection as well as the guarantee against cruel and unusual punishment to bar transgender inmates from access to individualized medical care. The legal groups based their challenge on federal case law that establishes that health care providers must determine proper treatment for all prison inmates. Read more…
Press Release: 4/1/2010 - Wisconsin Federal Court Says Transgender People Must Be Allowed Medical Treatment in Prison (PDF)
U.S. District Court decision: Sundstrom v. Frank

One Step Closer to Fixing Inadequate Care at WI Women’s Prison
Wednesday November 25, 2009
A federal judge denied a request by Wisconsin state officials to dismiss a class action lawsuit filed by the American Civil Liberties Union, the ACLU of Wisconsin and the law firm of Jenner & Block charging that grossly deficient health care and mental health treatment jeopardizes the lives of women prisoners at a state prison. Read more…
Press release: 11/25/2009 - ACLU Lawsuit Charging Inadequate Care at Women’s Prison to Proceed (PDF)

ACLU of WI Statement: Denying H1N1 Vaccines to Prisoners Would Harm Public Health
Friday, October 30, 2009
Statements encouraging state health officials to put the health of not just prisoners, but by extension the prison staff, correctional officers and their families in jeopardy by denying H1N1 vaccine to prisoners including pregnant female inmates garnered a response from the executive director of the ACLU of Wisconsin. Read more…
Press release: 10/30/2009 - ACLU of Wisconsin Says Media Hype and Politician’s Criticism of H1N1 Vaccine for Prisoners Harms Public Health (PDF)

For more resources and information on the ACLU’s work on prisoners’ rights across the nation, please visit the ACLU’s prisoners’ rights webpage.