confinement | Judiciary.org

Civil Law

“Solitary Confinement, Human Dignity, and the Eighth Amendment”

The title of this post is the title of this new paper authored by Laura Rovner now available via SSRN. Here is its abstract:

The harms of solitary confinement have been well-documented for centuries, yet the practice persists. Despite recent efforts to reform the use of solitary confinement in certain states and localities, over 120,000 people are currently confined in solitary conditions in American prisons and jails. In part, America’s addiction to solitary remains incurable because the doctrine governing whether

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Supreme Court

California man exposed to COVID-19 in prison seeks to contest conditions of confinement

The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

A petition for a writ of habeas corpus allows someone who is incarcerated to challenge the legality of their custody and seek release from prison. The Supreme Court has “left open” whether a habeas petition can be used to challenge prison conditions, and in answering that question for themselves, the … Read the rest

Supreme Court

Illinois man challenges nearly three-year denial of exercise in solitary confinement

The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

In most state and federal prisons, a person held in solitary confinement is allowed regular access to physical activity. However, guards can deny this access for a limited period in response to misconduct. This week, we highlight cert petitions that ask the court to consider, among other things, whether prison … Read the rest

Supreme Court

A 27-year solitary confinement and a dispute about discharging settlement payments in bankruptcy

This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether a prisoner’s 27-year period in solitary confinement violates either the Eighth Amendment or the 14th Amendment, and whether a settlement can include a provision in which a debtor agrees that any payments are non-dischargeable in bankruptcy.

Constitutional challenges to a 27-year solitary confinement

Dennis Wayne Hope has been in solitary confinement for 27 years since 1994. In Hope v. Harris, Hope … Read the rest