Following a lawsuit filed on September 9 by Prisoners’ Legal Services of New York (PLS) and Disability Rights New York (DRNY) US District Judge has ordered immediate changes to how people with mental illness are treated at Marcy Correctional Facility’s Residential Mental Health Unit (RMHU). The court’s decision, issued on September 15, 2025, requires prison officials to give every incarcerated person in the unit at least seven hours outside of their cell each day. From Monday through Friday, this must include four hours of structured mental health treatment or therapy and three more hours of group programs, activities, meals, and recreation. On weekends, when therapy sessions are not scheduled, people must still receive a full seven hours of group-based out-of-cell time.

The lawsuit alleges that conditions in the RMHU have been harsh and inhumane, with people locked in small, unsanitary cells for almost the entire day. Their lawsuit says the unit, which was supposed to offer treatment, actually resembled solitary confinement — with little fresh air, extreme temperatures, and poor sanitation, including cells contaminated with waste and pests. The plaintiffs argue that these conditions violate both mental health care standards and constitutional rights.

The judge also ordered that everyone in the unit be offered a mental health evaluation within five weeks, as part of their ongoing care. Under federal law, the court’s ruling will automatically expire after 90 days unless the two sides agree to extend it or submit their arguments to renew it. Advocates hope the order leads to lasting improvements in how New York treats people with serious mental illness in prison. For now, the court’s decision ensures that those in the RMHU will receive more humane conditions and better access to care.

Read the Order

You can read more about the lawsuit here: Case 9:25-cv-01242-MAD-DJS

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