Empirical research has repeatedly established that solitary confinement in prisons causes severe psychological and physical harm, ranging from anxiety and depression to paranoia, psychosis, self-harm and suicide. 

White & Case, working with the American Civil Liberties Union of Virginia, filed a class action lawsuit against the Virginia Department of Corrections (VADOC), seeking to end its practice and methods of long-term solitary confinement and to obtain both injunctive relief and compensatory damages for VADOC's victims. 

Our suit alleges that VADOC runs its long-term solitary confinement in ways that violate prisoners' Constitutional rights and causes permanent damage and that, in at least two prisons, VADOC places inmates in solitary confinement for excessive periods. VADOC often deploys solitary confinement for inappropriate reasons, and inmates have very little recourse to appeal their isolation. One named plaintiff was in solitary confinement in VADOC institutions for well over 7,500 days—more than 20 years.

Our lawyers had previously worked on pro bono matters involving individual solitary confinement cases at a VADOC prison. This experience brought the systemic overuse and misuse of solitary confinement to our attention and kick-started our extensive investigations into VADOC's practices ahead of filing our class action complaint. Based on that work, the current lawsuit also outlined VADOC's punitive solitary confinement program and the severe harm it causes inmates. It highlighted a related concern that VADOC uses the program as a way to increase funding allocated to the prisons where it is used. 

VADOC asserted a qualified-immunity defense to its actions, which we successfully defended in the United States Court of Appeals for the Fourth Circuit. In summer 2022, a unanimous panel denied qualified immunity to VADOC officials and affirmed a lower court ruling that the incarcerated plaintiffs' allegations against VADOC would constitute violations of clearly established law under the US Constitution. This decision allowed the case to proceed.  

A total of 303 lawyers and legal staff from 15 offices have worked on this case since it began in 2018. Molly Engels, legal assistant in our Washington, DC, office who has helped administer our effort, explains: "The impact of our work is felt not just by our clients, who with our help gain a strong voice in court, but also in the way it raises the systematic issue of long-term solitary confinement within prisons and in society." 

The increased pressure and attention from the case has already contributed to several of our named plaintiffs being released from long-term solitary confinement, even before any verdict on VADOC's system of inmate isolation was reached.  

Michelle Letourneau-Belock, associate in our New York office who played a leading role in the case, adds: "Our clients have suffered severe harm as a result of being subjected to long-term solitary confinement. Lawsuits like this one can lead to changes for individual clients—as we have seen with our clients who have been released from solitary confinement since this lawsuit was filed—and raise awareness of issues that may be addressed systemically, whether through the courts or through other channels such as legislation."

Other access to justice highlights

Pursuing a class action lawsuit to end the use of debtors' prisons in Ferguson, Missouri
In collaboration with ArchCity Defenders and Civil Rights Corps, we filed a class action lawsuit against the City of Ferguson, Missouri, in 2015 for unconstitutionally charging indigent individuals with minor offenses (often traffic violations) and, when they were unable to pay the fines, jailing them in deplorable conditions without due process. Since then, we have overcome every motion the City has filed to dismiss, and the Court recently certified all of our plaintiff classes. We are now preparing for the summary judgment stage, with trial set to commence in November 2024. The team comprises people from various offices and sections.

Ensuring fair access to labor rights for farmworkers In France
Our Paris office won a trial victory and compensation for two foreign-national farmworkers in France, who were wrongly accused by their employer of lying about having COVID-19 and subsequently fired. This led to the loss of their accommodation during a strict lockdown at the height of the pandemic. After a year of advocacy, the labor court ruled in our favor and awarded them both much-needed compensation. The employer has lodged an appeal, and we are also representing the two workers throughout this process.

Helping refugees apply for protected status in Japan
Our Tokyo office, supported in one case by a colleague in Paris, is helping two refugees from African countries navigate the highly restrictive Japanese asylum system. One client was arrested in his country of origin because of his sexual orientation. He managed to escape to avoid harsh treatment and a possible life sentence. The other client is an ex-government officer from an African country who was attacked for preventing wrongdoing by higher-level officials.

Photo by Michael M. Santiago © Getty Images
People gather for a rally to protest the 17th death in police custody in 2022 on Rikers Island at City Hall in New York City, New York.