A lawsuit filed by the sister of a developmentally disabled inmate who died in 2022 has brought attention to the harsh conditions at the Marion Correctional Treatment Center in Virginia. The inmate, Charles Givens, was repeatedly hospitalized for hypothermia before his death, with records showing that this was a common occurrence among inmates at the prison. Medical providers at the prison raised concerns about the vulnerability of inmates to hypothermia due to cold temperatures, with some suggesting that the anti-psychotic medications they were taking could be a contributing factor. However, experts not connected to the prison stated that the high number of hospitalizations for hypothermia was unusual and should have been cause for concern.

The conditions at the Marion prison have come under scrutiny, with a special grand jury describing them as “inhumane and deplorable.” Inmates, especially those with mental health issues, were repeatedly hospitalized for hypothermia during cold weather months. The prison, which houses both mentally ill inmates and general population offenders, had not undergone any major renovations since 1955, leading to inadequate heating systems and extremely cold indoor temperatures. Inmates reported indoor temperatures in the 40s Fahrenheit, with allegations that officers would open windows as punishment, exacerbating the cold conditions. The U.S. Centers for Disease Control and Prevention warned that hypothermia can occur at temperatures above 40 degrees if a person is chilled from water.

Despite concerns raised by medical workers at the prison about cold conditions and the number of hypothermia hospitalizations, the Department of Corrections declined to address the issue, citing pending litigation. The records also indicated that the part of the facility where Givens was housed consistently stayed colder than other parts, leading to multiple hospitalizations for hypothermia. Givens himself was hospitalized five times for hypothermia in the year leading up to his death. A special grand jury found his death suspicious and described the living conditions in the prison sector housing mentally ill inmates as unsuitable, with ice forming on the water in toilets. The lawsuit filed by Givens’ sister alleges routine mistreatment and cold-water torture before he was fatally beaten in 2022.

As the lawsuit over Givens’ death unfolds, the Office of the Attorney General has sought to block additional discovery into the issues of hypothermia or allegations of cold exposure, arguing that these issues are unrelated to Givens’ cause of death. The attorney general’s office represents two additional defendants who held supervisory roles at the prison, and has denied the allegations of torture and other misconduct. The civil trial has been scheduled for January, and the FBI is reportedly looking into Givens’ death. Givens, who was serving time for the fatal shooting of a home health nurse in 2010, had a traumatic brain injury as a child and had limited intellectual and emotional development, making him vulnerable to abuse. The attorney for Givens’ sister declined to comment on the findings reported by the Associated Press.

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