Poor sanitation in jails has been the subject of civil rights lawsuits for decades. Plumbing issues, vermin infestations, feces-covered walls, and limited access to basic hygiene products, such as soap or tampons, are common complaints.
Courts almost universally agree that a lack of basic sanitation violates detainees’ constitutional rights, said David Fathi, director of the ACLU’s National Prison Project. Pre-trial detainees have sued, arguing that filthy conditions violate their due process rights. If a person has already been convicted, allegations of foul living conditions are considered cruel and unusual punishment.
Despite widespread legal challenges, many jails across the country are still filthy. Litigation against substandard conditions often ends in a settlement, Fathi noted, with officials agreeing to a change in policy, or better monitoring and enforcement, in exchange for not taking the case to trial. Settlements are typically the fastest route to clean things up, but they don’t set a legal precedent for other facilities, meaning there’s nothing requiring jails in the same county or state to adopt reforms…