The Civil Right Clinic at the Sturm College of Law will present closing arguments today in Colorado’s Federal District Court in a lawsuit that claims an inmate’s constitutional rights are being violated due to the Colorado State Penitentiary’s (CSP) failure to provide him proper medication for a mental illness.  

The lawsuit, Andersen v. Colorado Department of Corrections, is against the CSP, Tom Clements, executive director of CSP, and Susan Jones, former warden of CSP. It was filed by the clinic in May 2010. Judge R. Brooke Jackson began hearing arguments on April 30.

The attorneys representing the case include Laura Rovner, director of the Civil Rights Clinic (CRC); Brittany Glidden, student supervisor at the Civil Law Clinic and lecturer; and three law students, including second-year law students Katy Hartigan and Maha Kamal and third-year law student Brenden Desmond. A co-counsel law firm, Fox & Robertson, is also involved in the case.

The attorneys contend the rights of Troy Anderson, an inmate at CSP, are being violated under the constitution and the American with Disabilities Act (ADA).

Andersen suffers from Attention Deficit Hyperactive Disorder  (ADHD). According to Glidden, CPC has never provided Andersen with FDA-approved medication to treat the ADHD.

“He’s being denied what everyone knows is the most effective treatment,” said Glidden.

Glidden said CPC’s failure to provide Andersen with treatment keeps him from participating in the prison’s rehabilitation program. She said his ADHD causes him to be compulsive, such as threatening guards.

“Andersen’s inability to learn is what is keeping him from participating [in the rehabilitation program],” said Glidden. “We’re saying the modification CPC needs to make is to allow him the medication he needs.”

A jury convicted Andersen on several felony counts, including reckless endangerment, resulting from a shoot-out with police in 1990. Andersen also pled guilty after he attempted to escape from custody in 1990. For both convictions, Andersen was sentenced to a total of 83 years.

Andersen has also been kept in solitary confinement for 12 years. Glidden said both Andersen and his attorneys have conceded that he needs to be kept in solitary because he is unable to control his impulses. However, she said part of their lawsuit against CPC contends the prison does not allow outdoor exercise.

“He’s gone 12 years without going outside,” said Glidden. “That’s cruel and unusual punishment.”

According to Glidden, prisons in all states, except Colorado, provide outdoor exercise for their prisoners.

“A couple basic rights are at issue here, including the right to be outside regularly,” said Glidden.

However, Glidden said Andersen’s only wants to get treatment for his ADHD so he can progress in the rehabilitation program and move from CSP to a less restrictive prison with better conditions.

“Even though the prison has staffing and budgeting issues, if they’re going to take on the responsibility of housing individuals, there are some basic rights they are required to provide under the constitution, regardless of the crime,” said Glidden.

The lawsuit also asks the CPC modify its rehabilitation program. Currently, CPC regulations require prisoners to progress through prison programs by showing appropriate behavior, but do not specify what that behavior is.

“So essentially, any guard at any time can say anything they want,” said Glidden.

Glidden said the guards do this using chrons, which are notes that guards use to report when a prison inmate has done something wrong. For example, according to Glidden, chrons include anything from threats of violence to bad attitudes or “reckless eyeballing,” which means looking at a female staff member too long.

“No one ever checks them,” said Glidden. “If you get a negative chron, the vast majority of the time it keeps you from progressing in the system.”

Glidden said they are suing for an injunction to stop use of the chron system and instead use the Colorado Department of Correction’s Code of Penal System (COPD), which entitles prisoners to a hearing if they are accused of violating the rules.

Glidden said they are hopeful they will win the case, but the judge could take months to make a decision.

“Even if he only gave Andersen outdoor exercise, that is a decision that can be used to influence the department and allow for other lawsuits that will help others,” said Glidden.

The Sturm College of Law Civil Rights Clinic allows students to carry out a year-long litigation where they represent actual clients in civil cases in federal court. Sturm faculty members supervise them while they work on the cases.