Men incarcerated at Red Onion State Prison in Wise County allege power to the outlets in their cells was cut off because they refused to sign a document they say falsely claims they have adequate mental health care access.
Red Onion staff gave men held in its Step-Down Program — a restrictive housing unit where they are kept in their cell up to 20 hours a day — a “safety agreement” to sign after at least six people incarcerated there intentionally burned themselves over the prison’s conditions, new federal court filings claim.
The safety agreement, first reported by The Appeal, required them to commit to not hurting themselves and acknowledge they have access to mental health services and other support.
Prisoners were told power to the outlets in their cells would be shut off if they didn’t sign — and state prison officials “made good on their threat,” according to March 27 court filings in a class action federal lawsuit against the Virginia Department of Corrections.
It’s unclear how many people were given the document and refused to sign, or how long they’ve gone without power to the outlets in their cells because of it, according to filings and an attorney with the American Civil Liberties Union of Virginia.
Sidney Bowman, who’s incarcerated at Red Onion, filed a March 21 statement in court under the penalty of perjury that said power to his cell was cut Jan. 15 and “has not been turned back on since.”
In his statement, Bowman said he refused to sign the safety agreement because he felt the language was “too vague,” and he didn’t agree that they had proper mental health care.
“The only mental health care available is medication,” Bowman’s statement reads. “There is no therapy, no groups, no counseling, or any other kind of treatment for mental illness.”
Neither VADOC nor Red Onion Warden David Anderson answered VPM News emails requesting comment.
In a statement to The Appeal, a VADOC spokesperson confirmed electrical outlets were turned off “in the cells of inmates who are deemed to be an immediate risk of self-harm and to permit the VADOC’s multi-disciplinary team the opportunity to further evaluate the mental health and wellness of those inmates.”
This “punishment” keeps prisoners from using the TVs and tablets they rely on to access religious services and stay in touch with family, a court motion claims.
Signing the safety agreement would contradict the claims in the underlying lawsuit that men held in restrictive housing units at Red Onion receive inadequate care, the motion states.
It would also hinder their ability to take part in the active case — and could damage the testimony of prisoners who might be included in the class action lawsuit.
“No one should be given this false choice, or be required to sign something that they don't agree with,” ACLU of Virginia attorney Vishal Agraharkar told VPM News in an interview.
The class action lawsuit challenges Virginia’s corrections department’s use of what it calls “long-term solitary confinement” — which state law refers to as “restorative housing.” The case was filed in 2019 on behalf of 12 plaintiffs held in restrictive housing at Red Onion and Wallens Ridge State Prison.
VADOC says the Step-Down Program is used to help prisoners transition to less restrictive units, but the lawsuit claims it’s a form of solitary confinement.
Agraharkar told VPM News ACLU-VA’s March 27 motion seeks a court order requiring Red Onion to switch the power back on and VADOC to issue guidance to the prison on retaliation.
Plaintiffs in the case are waiting on court approval to see who could potentially be included in the class action lawsuit, with Agraharkar saying it’s likely “hundreds” of people.
The state’s most recent count shows there were 98 people in Red Onion’s Step-Down Program and 397 under restorative housing status as of June 30, 2024.
The living conditions at Red Onion have been under scrutiny for years, including past lawsuits and the recent self-burning reports over allegations of beatings, mistreatment and retaliation.
Virginia’s new prison ombudsman, Andrea Sapone, said in December she would prioritize an investigation into allegations of abuse at the Wise County facility.
