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Annual Arizona Segregation Reviews Inadequate, Case Remanded
On November 19, 2009, the U.S. Court of Appeals for the Ninth Circuit reversed and remanded a suit by a prisoner challenging the frequency of segregation reviews he was receiving.
Edward Hernandez sued the Arizona Department of Corrections (ADC), claiming that its policy of giving only annual reviews to prisoners in segregation violated due process. The Ninth Circuit remanded the case for further factual development. The court noted, however, that annual reviews are insufficient. Questions remained, though, concerning whether debriefing or stepdown programs provided adequate alternatives to more frequent than annual reviews. See: Hernandez v. Schriro, 357 Fed.Appx. 747 (9th Cir. 2009).
Edward Hernandez sued the Arizona Department of Corrections (ADC), claiming that its policy of giving only annual reviews to prisoners in segregation violated due process. The Ninth Circuit remanded the case for further factual development. The court noted, however, that annual reviews are insufficient. Questions remained, though, concerning whether debriefing or stepdown programs provided adequate alternatives to more frequent than annual reviews. See: Hernandez v. Schriro, 357 Fed.Appx. 747 (9th Cir. 2009).
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Related legal case
Hernandez v. Schriro
| Year | 2009 |
|---|---|
| Cite | 357 Fed.Appx. 747 (9th Cir. 2009) |
| Level | Court of Appeals |
| Injunction Status | N/A |