Louisiana corrections officials are appealing a recent federal court order that requires the Office of Juvenile Justice to remove all youth housed at the former death row at Louisiana State Penitentiary in Angola by Friday.
Defendants including the OJJ deputy secretary and Gov. John Bel Edwards filed a motion with the federal court for the Middle District of Louisiana this week urging the court to stay its order pending the resolution of the defendants’ appeal to the Fifth Circuit Court of Appeals.
Previously, district Judge Shelly Dick issued a bench order calling on state officials to end the housing of juvenile inmates at the Angola facility, citing evidence that the children were regularly held in solitary confinement, held in inhumane conditions and were denied adequate access to education and rehabilitative services.
“OJJ is in the process of making preparations to comply with the judge’s order by the end of the week,” OJJ’s spokeswoman, Nicolette Gordon, said in an email to the Louisiana Record.
The OJJ deputy secretary, Curtis Nelson Jr., last week released a statement emphasizing that the repurposing of a facility at the Angola penitentiary for juvenile offenders came after violent incidents at other OJJ facilities and was a temporary measure designed to protect the youths, staff members and surrounding communities.
“While we disagree with the court’s ruling (on Sept. 8) and will be seeking an emergency writ, we will continue to explore every option available to us that ensures the safety of staff, community members and youth in our care,” Nelson said.
The juvenile holding area, called the West Feliciana Facility, complied with state and federal laws on providing juvenile education classes, offered suitable living conditions and was completely separate from adult inmates, he said, adding that a new, permanent care facility for the juveniles is scheduled to open later this year.
The ACLU of Louisiana, however, noted that Dick concluded the conditions for the juveniles at Angola constitute cruel and unusual punishment in violation of the 14th Amendment and violate federal law protecting juveniles with disabilities.
“For almost 10 months, children – nearly all Black boys – have been held in abusive conditions of confinement at the former death row of Angola – the nation’s largest adult maximum security prison,” the lead counsel for the plaintiffs, David Utter, said in a prepared statement. “We are grateful to our clients and their families for their bravery in speaking out and standing up against this cruelty.”