Brief of Center for Law, Brain & Behavior and Neuroscientists as Amici Curiae in Support of Plaintiff-Appellant Jwainus Perry
Nancy Gertner
SimpleOriginal

Summary

The human nervous system's plasticity makes us vulnerable to harmful environments. Solitary confinement causes physical brain injuries, affecting memory, learning, emotional processing, and stress systems, not just psychological harm.

2022 | State Juristiction

Brief of Center for Law, Brain & Behavior and Neuroscientists as Amici Curiae in Support of Plaintiff-Appellant Jwainus Perry

Keywords psychological harm; physical harm; solitary confinement; prolonged isolation; chronic stress; disrupted sleep; sleep deprivation; PTSD; trauma
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Summary of Argument

The human nervous system is fundamentally plastic: Brain structure, functions, and connections all change in response to intrinsic and extrinsic stimuli by reorganizing, even in adulthood. This malleability makes us deeply vulnerable to harmful environments. And those environments have impacts that are more than “merely” psychological; they change the brain itself. They amount to a physical injury. Legal policies which suggest mental injury is somehow not physical are subscribing to outdated scientific doctrine, especially with respect to solitary confinement.

Research has shown that the conditions of prolonged isolation, chronic emotional stress, and disrupted sleep endemic to solitary confinement are capable of causing adverse anatomical and functional changes in the brain, including in areas core to memory and learning (hippocampal shrinkage in chronic emotional stress and chronic sleep deprivation); in areas core to the social and emotional brain (social deprivation and atrophy in the posterior superior temporal sulcus, chronic sleep dep- rivation and damage to the insula and amygdala); in disordered immune and stress systems (impaired sleep increasing the presence of brain tau plaques, social isolation increasing amyloid and tau plaque presence and increasing cortisol levels); in functional disruptions related to emotional processing (chronic stress and post-traumatic stress disorder manifesting with hyperactivity in the amygdala), and shrinkage and dysfunction of areas of the brain core to learning, impulse control, reasoning, and social cognition (shrinkage of the medial prefrontal cortex and anterior cingulate cortex in PTSD, lowered connectivity in the corpus callosum and corona radiata in chronic stress, global reductions of cerebral blood flow tied to social isolation).

By any definition, such changes to the brain constitute physical injury.

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Summary of Argument

The human nervous system exhibits remarkable plasticity, with its structure, functions, and connections adapting to both internal and external stimuli. This malleability, while beneficial in many contexts, also renders individuals susceptible to the detrimental effects of adverse environments. Prolonged solitary confinement, characterized by isolation, emotional stress, and sleep disruption, has been shown to induce profound physical alterations in the brain, challenging the outdated legal notion that mental injury is distinct from physical harm.

Neurological Consequences of Solitary Confinement

  • Hippocampal Shrinkage: Chronic emotional stress and sleep deprivation lead to shrinkage of the hippocampus, a region crucial for memory and learning.

  • Social and Emotional Brain Atrophy: Social deprivation causes atrophy in the posterior superior temporal sulcus, while chronic sleep deprivation damages the insula and amygdala, areas involved in social and emotional processing.

  • Immune and Stress System Dysregulation: Sleep disturbances increase the accumulation of tau plaques in the brain, and social isolation elevates amyloid and tau plaque levels and cortisol production.

  • Emotional Processing Disruptions: Chronic stress and post-traumatic stress disorder (PTSD) result in hyperactivity in the amygdala, a region associated with emotional processing.

  • Cognitive Impairment: PTSD leads to shrinkage of the medial prefrontal cortex and anterior cingulate cortex, areas involved in learning, impulse control, reasoning, and social cognition. Chronic stress also reduces connectivity in the corpus callosum and corona radiata, and social isolation decreases cerebral blood flow.

The aforementioned neurological changes induced by solitary confinement constitute physical injuries. Legal policies that fail to recognize this reality are based on an outdated understanding of the brain and its vulnerability to environmental stressors.

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Summary of Argument

Our brains are incredibly adaptable, constantly changing in response to our experiences. This plasticity, however, also makes us susceptible to harm from negative environments. Solitary confinement, a practice that involves isolating individuals for extended periods, can have severe physical consequences for the brain.

Research has shown that the conditions of solitary confinement, such as prolonged isolation, emotional stress, and sleep deprivation, can lead to the following changes in the brain:

  • Shrinkage of the hippocampus: This area is crucial for memory and learning.

  • Atrophy in the posterior superior temporal sulcus: This region is involved in social and emotional processing.

  • Damage to the insula and amygdala: These areas play a role in emotional regulation.

  • Disruptions in the immune and stress systems: Sleep deprivation and social isolation can increase the risk of brain disorders.

  • Functional impairments in emotional processing: Chronic stress can lead to overactivity in the amygdala, which is involved in fear and anxiety.

  • Shrinkage and dysfunction in the medial prefrontal cortex and anterior cingulate cortex: These areas are important for impulse control, reasoning, and social cognition.

  • Reduced connectivity in the corpus callosum and corona radiata: These structures connect different parts of the brain.

  • Decreased cerebral blood flow: Social isolation can lead to reduced blood flow to the brain.

These changes constitute physical injuries to the brain. Therefore, it is important to recognize that the psychological effects of solitary confinement are not merely mental but also have a profound impact on the brain's structure and function.

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Summary of Argument

Your brain can grow, shrink, and even rewire itself based on what you do and what happens to you. This is called "plasticity."

But your brain is very super sensitive to bad stuff. Things like being alone for too long, feeling stressed all the time, and not getting enough sleep can actually damage your brain. It's like getting a physical injury, but to your brain!

Scientists have found that these bad things can cause:

  • Your memory and learning center to shrink (like when you're super stressed or don't sleep enough)

  • Your social and emotional center to weaken (like when you're lonely or sleep-deprived)

  • Your immune and stress systems to go haywire (like when you don't sleep well or feel isolated)

  • Your brain's control center to shrink and stop working as well (like when you're stressed or have PTSD)

  • Less blood flow to your brain (like when you're alone a lot)

These changes are real, physical injuries to your brain.

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Summary of Argument

Our brains can change shape and how they work based on what happens to us. This means that things can hurt our brains, just like a punch can hurt our bodies.

When people are put in solitary confinement, which means they are kept alone in a small cell for a long time, their brains can get hurt. They don't get enough sleep, they feel stressed all the time, and they don't get to talk to other people.

These things can make the parts of our brain that help us remember and learn shrink. They can also damage the parts of our brain that help us get along with others and control our emotions. They can even make our bodies' defenses weaker.

Scientists have shown that these changes in the brain are real, physical injuries. Just like a broken arm, they are not just "in our heads."

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Footnotes and Citation

Cite

Brief of Center for Law, Brain & Behavior and Neuroscientists as Amici Curiae Supporting Plaintiff-Appellant, Perry v. Spencer, No. 16-2444 (1st Cir. En Banc).

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