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Fifth Circuit Holds Four Decades in Solitary Confinement Implicates Liberty Interest; Last Angola 3 Member Finally Released
Loaded on Nov. 7, 2016
by Matthew Clarke
published in Prison Legal News
November, 2016, page 36
Filed under:
Conditions of Confinement,
Release and Reentry,
Due Process,
Control Units/SHU/Solitary Confinement.
Location:
Louisiana.
On December 17, 2014, the Fifth Circuit Court of Appeals held that holding a prisoner in solitary confinement for almost 40 years implicated a liberty interest, and that prison officials could be liable for failing to provide adequate due process.
Louisiana state prisoner Albert Woodfox was convicted of …
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More from this issue:
- When Prison is Not Enough: The Rise (and Perhaps the Fall) of the Supermax Prison
- Local Jails Increasingly Refuse to Comply with ICE Detainers, by Joe Watson
- Maryland DOC Suspends Volunteer, Drops Literature Program
- Oregon “Incorrigible Masturbator’s” Life Sentence Unconstitutionally Disproportionate, by Mark Wilson
- Ohio Federal Court Dismisses Suit Against Doctor Over Prisoner’s Suicide
- Maryland Prisoner’s Death Occurs Under Unusual Circumstances
- Rare Corporate Prosecution: West Virginia’s “King of Coal” Sentenced for Conspiracy in Mine Deaths
- Alabama Prisoner Exonerated after Serving 30 Years on Death Row
- Former Pennsylvania Prison Doctor Sentenced for Fraud; Accomplices Convicted
- Mold-infested Prisons Sicken Guards and Prisoners
- Nevada Attorney General Investigates Shooting of Two Handcuffed Prisoners, by Derek Gilna
- Company Offers Educational Tablets to Prisoners, with Mixed Results, by Matthew Clarke
- United Kingdom: Prison Book Ban Overturned, by Derek Gilna
- Full Senate Report on CIA Torture Remains Classified, Largely Unread, by Matthew Clarke
- Corrections Corporation of America, Rocked by Setbacks, Changes its Name, by Derek Gilna
- CDCR Drug-sniffing Dog Trainer Resigns Over Switch to “Passive” Dogs, by Joe Watson
- Colorado’s “Make My Day” Law No Longer Applies to Prisoners, by David Reutter
- Canadian Solitary Confinement Deaths Result in Rare Lawsuits, Eventual Reforms, by Mark Wilson
- Pennsylvania: Former Cop Indefinitely Jailed for Failure to Supply Passwords
- Justice Policy Institute Report Challenges Reformers to Focus on Violent Crimes, by Derek Gilna
- Arkansas Secretary of State Issues Faulty Felon Data, Thousands Purged from Electoral Rolls
- Federal Judge Sanctions Idaho DOC for Misleading Special Master in Balla Case, by Matthew Clarke
- Illinois Jail Detainee’s Inadequate Food and Contaminated Water Claims Survive Initial Dismissal
- Preliminary Injunction Granted in Class-action Suit Challenging Private Probation Services in Tennessee, by David Reutter
- Eleventh Circuit Reverses Finding that Seizure of Prisoner’s Legal Mail Stated Claim
- Wisconsin: Prison Hunger Strike Reaches Crisis Point
- Settlement Comprehensively Overhauls Solitary Confinement in New York Prisons, by Matthew Clarke
- Inquisitorial Telephonic Hearing to Screen Civil Rights Case Deemed Unlawful
- The Rape Victims Silenced by Their Prison Cells
- Arkansas Court of Appeals Upholds Civil Forfeiture Ruling
- Southern Health Partners to Face Liability in Kentucky Pre-trial Detainee’s MRSA Death
- Challenge to Ohio Private Prison Confinement Not Cognizable in Habeas Corpus, by Mark Wilson
- Fifth Circuit Holds Four Decades in Solitary Confinement Implicates Liberty Interest; Last Angola 3 Member Finally Released, by Matthew Clarke
- Book Review: Blood in the Water: The Attica Prison Uprising of 1971 and Its Legacy
- Federal Prisoner Tells President “No Thanks” to Offer of Clemency with RDAP Condition, by Derek Gilna
- Tenth Circuit: No Summary Judgment on Official Capacity Claims, by Mark Wilson
- Allocation of Fault Required in Verdict Regarding Alaska Detainee’s Suicide; Case Settles for $900,000
- Federal Court Upholds New York Prison System’s Denial of Motorized Wheelchairs; Second Circuit Reverses, by Matthew Clarke
- Oregon Parole Board Incorrectly Prohibited Legal Assistant from Speaking at Parole Hearing, by Mark Wilson
- ACLU Sues California as Incompetent Defendants Wait in Jail for Mental Health Treatment, by Joe Watson
- Collecting Unpaid Booking Fees in Colorado may be Illegal, Experts Say, by Joe Watson
- Alaska Prisons and Jails Filled with Mentally Ill Prisoners, by David Reutter
- Pennsylvania Supreme Court Upholds Death Penalty Moratorium, by David Reutter
- Indiana Federal Court Certifies Habeas Corpus Class of Prisoners Disciplined for Refusing to Admit Guilt in Sex Offender Program, by Matthew Clarke
- Hunger Strikes by Immigrant Detainees Expose Abuses by ICE, Private Detention Centers, by Joe Watson
- Federal Judge Orders Texas Department of Criminal Justice to Provide Safe Water to Prisoners, by Derek Gilna
- Oregon Prison Parenting Program Dramatically Reduces Recidivism, by Mark Wilson
- Class-action Certified in Challenge to Treatment of Mentally Ill Mississippi Prisoners, by David Reutter
- Supervised Release Term Does Not Limit Prison Sentence Upon Violation
- Wayward Prosecutors Go Unpunished as Prison Time for Victims Piles Up
- From the Editor, by Paul Wright
- News in Brief
More from Matthew Clarke:
- Seventh Circuit Grants Qualified Immunity to Detectives Who Revealed Prisoner Was Informant, Denies Him Anonymity, Aug. 1, 2026
- Seventh Circuit Holds Federal Law Prohibits County Jail from Forcing Immigration Detainees to Perform Custodial Labor by Threatening Solitary Confinement, Aug. 1, 2026
- New Mexico Supreme Court Holds Corrections Department Regulations Do Not Exempt Use-Of-Force Documents from Public Records Disclosure, Aug. 1, 2026
- DOJ Issues Memorandum Over BOP Employees Abusing Their Law Enforcement Credentials to Illegally Purchase Personal Firearms, Aug. 1, 2026
- Seventh Circuit Upholds Summary Judgment Against Former Illinois Prison Guards Challenging Termination for Violating Use of Force Policy, Aug. 1, 2026
- Federal Court Issues Preliminary Injunction Barring Enforcement of Executive Order to Transfer Trans Women Prisoners to Men’s Prisons, Aug. 1, 2026
- Idaho Supreme Court Holds Indigent Parents Have Constitutional Right to Counsel at Public Expense, July 1, 2026
- Free Phone Calls Saved Prisoners and Their Families More than $600 Million, Report Finds, July 1, 2026
- California Appeals Court Holds Defendant Cannot Be Penalized for Failing to Appear at Sentencing When He Was Being Held in Another County’s Jail on Preexisting Charges, July 1, 2026
- SCOTUS Reverses Mississippi Capital Conviction, July 1, 2026
More from these topics:
- Mississippi DOC Held Mentally Unwell Prisoners in Solitary, Many Died Because of It, Sept. 1, 2026. Control Units/SHU/Solitary Confinement, Failure to Treat (Mental Illness), Suicides, Staff Training, Deliberate Indifference.
- Isolation and Medical Neglect at Illinois’ Joliet Treatment Center Drive Prisoners to Set Fatal Fires, Sept. 1, 2026. Systemic Medical Neglect, Security Systems, Medical Neglect/Malpractice, Control Units/SHU/Solitary Confinement, Failure to Treat (Mental Illness).
- Court Shuts Down Arizona Attempt to Fill Medical Staff Vacancies with Under-Qualified Providers, Sept. 1, 2026. Systemic Medical Neglect, Staffing, Injunctions, Control Units/SHU/Solitary Confinement, Failure to Treat (Mental Illness).
- Ninth Circuit Revives HRDC Challenge to Washington DOC Mail Restrictions, Aug. 1, 2026. Qualified Immunity, Publications/Books, Due Process, Censorship, First Amendment, rights.
- Oregon Agrees to $2.3 Million Settlement After Guards Toss Mentally Ill Prisoner in Solitary, Taunt Him Until He Kills Himself, Aug. 1, 2026. Control Units/SHU/Solitary Confinement, Failure to Treat (Mental Illness), Suicides, 42 U.S. Code § 1983, civil action for deprivation of rights, Deliberate Indifference.
- Seventh Circuit Holds Federal Law Prohibits County Jail from Forcing Immigration Detainees to Perform Custodial Labor by Threatening Solitary Confinement, Aug. 1, 2026. Prison Labor, Control Units/SHU/Solitary Confinement, Statutory Construction/Interpretation, Immigration Detention, Monell Liability.
- SCOTUS Continues to Hack Away At First Step Act, July 1, 2026. Conditions of Confinement, PLRA, Post-release, ex-offender, re-entry, Sentences - Corrections or Modifications of, Compassionate Release.
- California Supreme Court Limits Money Bail for Nonviolent Charges, July 1, 2026. Conditions of Confinement, Sentencing, Due Process, Constitutional Challenges/Law, Pretrial Detention and Detainees.
- ICE Stops Reporting Deaths of Recently Released Detainees, July 1, 2026. Misconduct/Corruption, Medical, Conditions of Confinement, Immigration Law/Offenses, Civil Rights Actions or Offenses/Bivens Actions.
- Free Phone Calls Saved Prisoners and Their Families More than $600 Million, Report Finds, July 1, 2026. Conditions of Confinement, PLRA, Prisoner Privileges, Rehabilitation/Recidivism, Telephones.

