Inmate 'lawyer' claims was denied due process
An inmate who taught himself law and is defending himself in federal court told a jury in Pittsburgh Monday that state corrections officials denied him his 14th Amendment right to due process when they arbitrarily locked him in solitary confinement.
Dennis McKeithan, 47, of Philadelphia, was sent to solitary for 90 days in 1994 while at the State Correctional Institution-Rockview in Centre County. He eventually spent more than 2 1/2 years in confinement on charges that were later dismissed by a state judge as unfounded, according to testimony and court records.
'You're locked up for 23 hours a day. You receive one hour of exercise in a dog kennel. A light shines in your face 24 hours a day. You're surrounded by mentally ill prisoners who throw feces over the block. I'd been dehumanized,' McKeithan said.
McKeithan claims he was denied periodic reviews by an outside review board with the power to release him from confinement. Instead, he was forced to appeal to a board composed of prison guards and other officials who worked at Rockview and who were biased by their regular contact with the prison population.
U.S. District Court Judge Donald J. Lee told the jury that the commonwealth is not disputing it denied McKeithan reviews in front of the independent panel.
The commonwealth is arguing that McKeithan received fair, unbiased reviews from the internal prison board.
'(Solitary confinement) is for the worst of the worst. He just wanted out fast. No malice will be shown here,' said Deputy Attorney General Craig Maravich.
When prison officials continued to deny McKeithan access to the independent board, he appealed to state courts that in 1995 upheld his claim.
State courts ruled inmates should receive 30-day reviews held by independent prison officials. However, prison officials left him in solitary and denied the court ruling to retaliate against him for filing a lawsuit, McKeithan said.
In 1993, McKeithan also was the only state prisoner from solitary confinement to testify against the commonwealth in a case brought by the American Civil Liberties Union over the harsh conditions in solitary lockup, he said.
Officials retaliated against him for his testimony, McKeithan said.
McKeithan is serving a 55- to 110-year sentence for robbery, conspiracy and simple assault. He received the long sentence under federal guidelines for repeat offenders.
Joseph D. Wilcox can be reached at jwilcox@tribweb.com or (412) 320-8793.
