Lawsuit alleges 'cruel and unusual' conditions amid lockdown at Waupun prison

A class action lawsuit that includes nearly a dozen named prisoners at Waupun Correctional Institution alleges that prison officials have not adequately provided proper health care to prisoners amid the ongoing lockdown, now in its seventh month.

The suit was filed Thursday in the Eastern District of Wisconsin.

According to a copy of the lawsuit, the prisoners' attorney Lonnie Story writes that prisoners are being subjected to "cruel and unusual conditions of confinement" and are at risk of "pain and suffering, including deaths."

Story argues the conditions are so dire that the Wisconsin Department of Corrections is in violation of its own policies and the Eighth Amendment, which protects against cruel and unusual punishment.

What do the prisoners allege?

The suit alleges the medical, mental and dental care at the Waupun prison in Dodge County is "grossly inadequate" and the conditions of the lockdown have attributed to the ongoing mental and physical decline of prisoners.

Patrick Korkowski, a prisoner at Waupun since June 27, said he spent his first four months at Waupun with severe, constant oral pain after a nerve root in his mouth became exposed when a tooth decayed. The tooth was ultimately removed in September, but he developed an infection that wasn't addressed for "several weeks," according to the suit.

John M. Anderson, a 62-year-old prisoner, said he was diagnosed with a severe eye medical condition in May. According to the suit, the health services unit at Waupun denied Anderson optical services due to the lockdown.

Kenneth Dalberg, a 62-year-old prisoner, said he was denied medication for 60 days following a medical procedure for heart disease. The suit also alleges that Dalberg has been denied proper diabetic dietary sustenance only being provided peanut butter and jelly sandwiches for the last seven months.

Another prisoner, Edgar Salinas-Leal, 36, said he suffers from severe migraine headaches for which he received regular and routine treatment shots at the University of Wisconsin-Madison Hospital, however, since COVID lockdowns, the prison canceled his appointments and they have not resumed.

The suit alleges that a dental waiting list has reached 18 months long. One prisoner with gastrointestinal issues had his medical-ordered meals canceled, the suit states. One prisoner reported finding rat feces in his meal.

Another prisoner waited five days before being evaluated after reporting severe chest pains and difficulty breathing, according to the suit.

Due to the lack of recreation time, increased isolation and poor diets, the lockdown has resulted in unhealthy habits for many prisoners, the suit states.

Prisoners say they are often told by prison officials to "be patient," it's all in your head," or "pray" to be cured. The suit alleges that health care request forms are often denied by prison staff and responses can take months.

The nature of the lockdown has resulted in declining mental health, inmates say. Prisoners state they are often locked in their cells with no window to the outside and the light remains on 24 hours a day. Some report mental deterioration and chronic sleep deprivation.

Waupun Correctional Institution was opened three years after Wisconsin became a state in 1848. The facility is the oldest prison the state and has many conditions of the past, such as no air conditioning in cell halls.

The lockdown has exacerbated the conditions, removing human interaction like communal time or in-person visits.

Lockdown has seen incidents of self-harm and suicide

Story argues the nature of the lockdown, which is referred to by prison officials as a "state of modified movement," has caused prisoners with severe mental issues to inflict self-harm or attempt suicide.

A group of advocates and relatives of prisoners protested outside the prison on Wednesday. Among the speakers was Carolyn Hayes, who said she has seen a decline in her son's mental health. Jonathan Hayes is a 27-year-old prisoner at the facility.

Other prisoners have attempted suicide or died by suicide during the lockdown.

The suit alleges one prisoner has attempted suicide four times "due to lack of sunlight" and "an inability to go outdoors."

In September, the Journal Sentinel reported on 60-year-old Dean Hoffmann, who died by suicide while in solitary confinement at Waupun in June. His family has questioned whether Hoffmann received proper medical treatment and resources for his diagnosed bipolar disorder and reported suicidal ideation.

Story argues that Hoffmann is an example of not being properly medicated and a lack of ability by prison officials to offer proper treatment.

In early October, it was reported that Tyshun Lemons, 30, also died at Waupun. The cause and manner of his death are still under investigation.

Who are the prison officials in the lawsuit?

The lawsuit names the DOC as a defendant as well as prison officials: Secretary Kevin Carr, Deputy Secretary Jared Hoy, Assistant Deputy Secretary Melissa Roberts and Waupun Warden Randall Hepp.

In the suit, Story points to Waupun's Purpose Statement, which states the purpose of the prison is to "provide inmates, staff, and the public with a safe and secure institution, while encouraging positive growth and enabling inmates to successfully reenter society."

Story argues the conditions of the lockdown violate prisoners constitutional rights.

Kevin Hoffman, deputy director of communications with the DOC, declined to comment citing pending litigation. But officials often point to lack of staffing as one its main concerns at all state prisons including Waupun.

Waupun is the most understaffed Wisconsin state prison, with a 53% vacancy rate, according to recent data. As a whole, the state's prison system has a vacancy rate of 32%.

On top of that, Waupun is also overpopulated. As of Oct. 13, Waupun houses 1,005 individuals, exceeding the prison's capacity of 882.

The suit argues that prison officials also "employ insufficient health care staff." There is a lack of sufficient physicians, psychiatrists, dentists and nurses in the prison system, the suit states.

The suit seeks a change to prison policies addressing staffing, health care, emergency response, medication, conditions and more. Damages are also being asked for.

More: Deaths, lockdowns and overcrowding. What's going on in Wisconsin's prisons?

Drake Bentley can be reached at DBentley1@gannett.com or 414-391-5647.

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This article originally appeared on Milwaukee Journal Sentinel: Prisoners file class action lawsuit against Waupun prison for lockdown