February 25, 2020 | CBS 21 News | Andrea Finney
LEBANON COUNTY, Pa. — A Lebanon County inmate has spent more than 400 days in solitary confinement, not for bad behavior, but because of the length of his hair.Now, the Pennsylvania Institutional Law Project has filed a motion on his behalf to have him released back into general population.“He is in his cell 23 hours a day or more, five days a week. He is allowed outside for up to an hour of recreation that can take place between midnight to 2 a.m.,” said Alexandra Morgan-Kurtz, managing attorney for the PA Institutional Law Project.This timeframe is the only time his attorney said he can make phone calls.
“So, it’s really led to a complete cut off between him and his family," Morgan-Kurtz said.
It is all because Eric McGill will not cut his hair.
A motion filed on February 19, 2020, said it is against his Rastafarian beliefs, and that he hasn’t cut his hair for several years.
Since he will not cut his hair, Lebanon County Correctional Facility has reportedly placed McGill in solitary confinement since January 19, 2019.
The Pennsylvania Institutional Law Project said the prison cites two reasons.
The first is a concern for cleanliness.
“In fact, I think the justification of cleanliness when it comes to dreadlocks is incredibly racist,” Morgan-Kurtz said.
Lebanon County also reportedly believes the length of McGill’s hair is a safety concern.
“Other prisons and jails that have much larger populations, much more violent populations, are able to continue to allow people to wear dreadlocks and long hair," Morgan-Kurtz said.
CBS 21 News examined other policies. Pennsylvania law said inmate hairstyles shall comply with sanitation and security policies of the prison.
The State Department of Corrections said inmates are not restricted to a length, but facility staff must be able to search it.
They also said an inmate may be asked to run his or her fingers through their hair. A handheld metal detector can also be used.
McGill’s attorneys want him back in general population.
“Experts everywhere recognize both the harm of solitary confinement as well as the fact that solitary confinement is torture, especially of this length of over 400 days,” Morgan-Kurtz said.
The Pennsylvania Institutional Law Project said solitary confinement violates McGill’s 1st and 14th Amendment rights, as well as the Religious Land Use and Institutionalized Persons Act.
They want Lebanon County Correctional Facility to change their policy against dreadlocks, and to compensate McGill. They hope to have a resolution within the next few weeks.
CBS 21 News reached out to Lebanon County Correctional Facility for comment, but they needed time to consult with their legal department to find out if they could personally provide their policy. If or when they do, we will provide an update.