NEW YORK (PIX11) – Maurice Anthony, a 42-year-old legally blind man incarcerated in New York, repeatedly spent up to 23 hours a day in solitary confinement, including even holidays, according to a new lawsuit filed Tuesday.

He likened his confinement at Wende Correctional Facility to being in a “casket” or “a trunk.”

“As a result of the extreme isolation of being held in solitary confinement conditions, Mr. Anthony has experienced claustrophobia, blackouts, hopelessness, and extreme frustration,” the class action claim naming multiple state agencies reads.

Anthony is just one of a handful of incarcerated New Yorkers claiming state-run facilities have wrongfully placed people with disabilities in solitary confinement, defined as cell confinement for more than 17 hours a day, according to The Legal Aid Society.

The practice flies in the face of state law that went into effect in 2022 limiting the amount of time people with disabilities can remain in confinement, The Legal Aid Society argues.

The 2022 law notes that solitary confinement can become counterproductive, and other states’ efforts to make more “humane” jail practices have reduced violence and increased jail safety.

“It is long past time for the State to end the use of solitary confinement for people with disabilities,” said Josh Rosenthal, Supervising Attorney at Disability Rights Advocates. “Words are not enough, and DOCCS and OMH must comply with state law and stop this vicious practice once and for all.”

A spokesperson for the Department of Corrections and Community Supervision said it could not comment on pending litigation, but underscored Acting Commissioner Daniel F. Martuscello III has made policy changes since June 2023 to ensure compliance with the 2022 law, including a more stringent review process for segregated confinement, the spokesperson said.

Maurice Anthony has been approved by state authorities for accommodations based on his blindness, but he was frequently confined for over 20 hours a day, only allowed to stand alone in a semi-outdoor portion of his cell, according to the claim.

Another plaintiff Anna Adams, diagnosed with lupus, asthma and PTSD, was at times confined to her cell for 23 hours a day, according to The Legal Aid Society. She was repeatedly sent to the infirmary as the confinement worsened her anxiety and PTSD symptoms, only to be sent back once again, lawyers with The Legal Aid Society, Disability Rights Advocates and Winston & Strawn LLP said.

In a statement to PIX11, a representative of the state's Office of Mental Health, which is named in the lawsuit, said:

“The Office of Mental Health’s top priority is ensuring that all New Yorkers have access to adequate mental health care, including those involved with the criminal justice system. Likewise, the agency is committed to treating those individuals entrusted to its care in the most clinically appropriate setting that is most likely to help them onto the path toward recovery. Complementing this commitment, Governor Kathy Hochul has secured a $33 million investment in the recently adopted FY 2025 State Budget that will bolster our ability to provide support and services for individuals involved in the criminal justice system who have a mental health history or a lack of engagement in treatment.”
Office of Mental Health

The lawsuit notes there are likely hundreds of incarcerated New Yorkers who share Anthony and Adams’ experiences.

"Solitary, or segregated, confinement imperils the health and lives of everyone who
lives and works in prison, and that it impairs — rather than furthers — the goal of rehabilitation into the wider community," according to lawyers with The Legal Aid Society, Disability Rights Advocates and Winston & Strawn LLP.

Emily Rahhal is a digital reporter from Los Angeles who has covered local news for years. She has been with PIX11 since 2024. See more of her work here and follow her on Twitter.