ACLU-DE Files Prison Abuse Lawsuit Against Officials at the DE Department of Corrections and James T. Vaughn Correctional Center

Original Article Here: Today, the ACLU of Delaware (ACLU-DE) filed a federal lawsuit in the United States District Court of Delaware on behalf of six incarcerated individuals at the James T. Vaughan Correctional Center (Vaughan) in response to severe constitutional violations during a coordinated, unprovoked September 2024 raid by prison officials, including members of the Delaware Department of Corrections (DOC) Correctional Emergency Response Team (CERT).

Correctional officers and prison officials have a legal duty to refrain from using excessive force and to protect prisoners from assault. The lawsuit alleges prison officials beat plaintiffs, pepper-sprayed them unnecessarily, sexually assaulted them, and degraded and intimidated them, all without warning or provocation, in direct violation of the U.S. Constitution, DOC’s Use of Force policy, and correctional officer training materials.

The alleged misconduct includes, but is not limited to: physical violence, dangerous close-range use of pepper spray, unwarranted and illegally invasive strip searches, sexual abuse and humiliation, verbal and psychological abuse including derogatory language and threats of further violence, and denial of proper medical care and decontamination procedures. Plaintiffs shared graphic first-hand accounts depicting the violence of the attack, as well as Vaughan’s failure to provide adequate care in the aftermath of the arbitrary and unjustified raid.

One person recalled multiple CERT members abruptly entering his cell, stripping him, beating him, and pepper spraying him at close range while handcuffed, face down on his cell floor. One CERT member punched so forcefully that his teeth pierced through his lip. He continues to experience physical pain as a result of the attack and suffers from anxiety and PTSD.

Another plaintiff was face down with his hands behind his back when a pepper grenade was thrown into his cell. He was beaten and pepper sprayed again at close range. The pepper spray left his eyes, nose, and mouth irritated and burning, but he was unable to properly decontaminate himself and was not allowed to shower for approximately two days. Despite needing to use a wheelchair for several days due to injuries to his back, neck, and wrist, he did not see a doctor for at least two weeks after the attack.

A different plaintiff arrived at Vaughan just one day before the raid. When he arrived, he was suffering from brain trauma, which resulted in memory loss, seizures, dizziness, and confusion. During the attack, he was ordered to strip and swallow excessive amounts of pepper spray as officers emptied an entire can onto his face, hair, and beard. In the days after, he filed a complaint but was told that his claims could not be substantiated due to lack of video evidence.

Plaintiffs’ accounts also detailed multiple instances of sexual abuse during the attacks and emphasized plaintiffs’ compliance with all orders, lack of physical or verbal resistance, and refusal to fight back, even when intentionally provoked by CERT members. All plaintiffs describe enduring fears of future attacks and retaliation, some even fearing for their lives.

“The Supreme Court has made it clear that under the U.S. Constitution, all people have certain fundamental rights, even when incarcerated,” said Jason Beehler, ACLU-DE attorney. “Simply put, you don’t check your constitutional rights at the door to the prison. As the second largest executive agency in the State, the Delaware Department of Correction has a unique responsibility to ensure that its agents and employees are preserving, not violating, the constitutional rights of people incarcerated in our state.”

The September 2024 raid is not the first incident of alleged misconduct at Vaughan. In June 2023, ACLU-DE stepped in to represent David Holloman, who faced punishment from Vaughan officials after an attempt to organize a peaceful boycott. In October 2023, ACLU-DE and Whiteford, Taylor & Preston, LLC, filed a class action lawsuit accusing all Delaware prisons of systematically delaying and denying incarcerated individuals’ their basic right to healthcare.

“Unfortunately, the DOC has demonstrated a pattern of trampling the constitutional rights of incarcerated people,” said Beehler. “Apparently the DOC has learned nothing from the Final Report and recommendations of the commission appointed to study the 2017 Vaughan riot. Abuse is still commonplace, and the internal grievance process available to prisoners is useless. No one deserves to be treated like this. We have held them accountable before, and we will continue to do so.”