66 Children’s Legal Rights Journal [Vol. 39: 1 2019]
facilities without solitary confinement.201 This insider-outsider approach grew out of the decades-long experience of CCLP’s Executive Director, Mark Soler, through conditions litigation, training
juvenile facility staff, and developing strategies to improve conditions in juvenile facilities.202
Although he and his colleagues understood that litigation is one approach to ending harmful
practices, they also believed that it might not be the best or only way to build long term solutions.203
Thus, CCLP had long worked with a diverse group of stakeholders in the Annie E. Casey
Foundation’s Juvenile Detention Alternatives Initiative (JDAI),204 and with the Youth Law Center,
had co-authored the JDAI Juvenile Detention Facility Assessment Standards.205 Those experiences
informed CCLP’s strategy in setting up the Stop Solitary campaign.
In addition to working with states on legislative reform, Stop Solitary for Kids compiled
the efforts of jurisdictions in solitary confinement reforms to elevate and disseminate successful
strategies to other jurisdictions.206 The campaign also field tested a new tool, the Room
Confinement Assessment Tool (RCAT), designed to help corrections leaders identify and target
drivers of solitary confinement within juvenile facilities.207
D. National Litigation, Media, and Other Attention to Solitary Confinement
The national discussions about locked room confinement continued to be fueled by
litigation, policy reports, and high-profile cases. In 2010, the Juvenile Law Center,208 a public
interest law firm in Philadelphia, sued New Jersey officials for violating the due process rights of
youth who were in a Juvenile Justice Commission Facility.209 Specifically, the suit alleged that
officials allowed the indefinite isolation of youth with serious mental health needs and permitted
isolation as a disciplinary measure without procedural protections.210
201 See STOP SOLITARY FOR KIDS, CORE STRATEGIES TO REDUCE ROOM CONFINEMENT IN FACILITIES,
http://www.stopsolitaryforkids.org/wp-content/uploads/2016/09/Website-Core-Strategies.pdf (last visited Jan. 6,
202 Interview with Jenny Lutz, Staff Attorney, Center for Children’s Law and Policy and Project Manager, Stop
Solitary for Kids (Jan. 26, 2018) (on file with author). Soler was the Executive Director of Youth Law Center, and
then moved to Washington, D.C. and founded the Center for Children’s Law and Policy in 2006. Youth Law Center
had been in litigation against juvenile corrections facilities beginning in the 1980s, and then began consulting for the
Juvenile Detention Alternatives Initiative in the 1990s. That work continues through the Center for Children’s Law
and Policy. See CTR. FOR CHILDREN’S LAW & POL’ Y, http://www.cclp.org/team/mark-soler/ (last visited Jan. 6, 2019).
203 CTR. FOR CHILDREN’S LAW & POL’Y, supra note 202.
205 JUVENILE DETENTION FACILITY ASSESSMENT, supra note 165, at 2.
206 Room Confinement Assessment Tool, STOP SOLITARY FOR KIDS (Summer 2018),
207 Stop Solitary for Kids, THE NAT’L PRESS CLUB, http://www.press.org/events/stop-solitary-kids (Apr. 19, 2016,
8: 30 AM); JUVENILE DETENTION FACILITY ASSESSMENT, supra note 165, at 181-83.
208 The Juvenile Law Center is a nonprofit public interest organization for children. It engages in litigation, appellate
advocacy, policy reforms, public education, consulting, training and communication strategies on behalf of children
in the child welfare and justice systems. See Our Mission, JUV. LAW CTR., https://jlc.org/about-us (last visited Jan. 6,
209 Troy D. v. Mickens, 806 F.Supp.2d 758, 765 (D.N.J. 2011).
210 Second Amended Complaint at ¶¶ 81-84, Troy D. v. Mickens, Civ. No. 1:10-cv-02902-JEI-AMD,
https://jlc.org/sites/default/files/case_files/Troy%20Second%20Amended%20Complaint.pdf (last visited Jan. 6,