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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 killing prison ...
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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:
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- California Court of Appeal Announces Correct Legal Standard for Whether Dismissal of Sentence Enhancement Would ‘Endanger Public Safety’ Under § 1385(c)(2) Is Dangerousness at Time of Future Release, Not at Time of Resentencing Under SB 1393, Sept. 1, 2024
- New Mexico Supreme Court Holds Double Jeopardy Applies When Prosecutor’s Misconduct Willfully Disregarded Resulting Mistrial, Sept. 1, 2024
- After Spike in Jail Deaths, Riverside County Sheriff’s Department Under California Department of Justice Investigation, Aug. 15, 2024
- $7.5 Million Settlement in Suit Over California Jail Death, Aug. 15, 2024
- Oregon Transgender Prisoner Claims Abusive Violation of Injunction, but Court Declines Sanctions, Aug. 15, 2024
- Kentucky Parole Officer Gets Three Years for Sexually Assaulting Probationers, Aug. 15, 2024
- Louisiana Supreme Court Finds Prosecution Withheld Favorable Impeachment and Exculpatory Evidence in Violation of Brady, Aug. 1, 2024
- New York Court of Appeals Announces ‘Due Diligence’ Is Applicable Standard for Certificate of Compliance Regarding Discovery Obligations and Trial Readiness, Improper Certificate Is ‘Illusory” and Fails to Toll Speedy Trial Clock, July 15, 2024
- Surveillance Tech Companies Compose Self-Promoting Press Releases for Cops That Media Lazily Regurgitates, July 15, 2024
More from these topics:
- BOP is Holding 12,000 Prisoners in Solitary Confinement, Aug. 15, 2024. Control Units/SHU/Solitary Confinement, Bureau of Prisons (BOP).
- Alaska Supreme Court Revives Prisoner’s Claim for 11-Month Solitary Confinement That DOC Admitted Was Improper, Aug. 15, 2024. Guard Misconduct, DOC/BOP misconduct, Jail Misconduct, Control Units/SHU/Solitary Confinement, Prison Regulations.
- Cleveland Jail Warden Dismissed After Asking for More Reentry Assistance for Detainees, July 1, 2024. Retaliation against Staff, Release and Reentry.
- Colorado Program Employs Prisoners as Professors, July 1, 2024. Work, Education, Rehabilitation/Recidivism, Release and Reentry.
- Second Chances: California Clears Criminal Records, Including Violent Crimes, June 15, 2024. Release and Reentry, Post-release, ex-offender, re-entry, Criminal Records.
- Idaho Continues To Cell “Dangerously Mentally Ill” Without Charges, June 1, 2024. Conditions of Confinement, Totality of Conditions, Lockdowns, Control Units/SHU/Solitary Confinement, Civil Commitment.
- Lawsuit Over Mailroom Abuses by Washington DOC Leads to Policy Changes, June 1, 2024. Retaliation for Litigating, Retaliation for Filing Grievances, Photos, Sexually Explicit Materials, Mail Regulations, Due Process, Legal Mail.
- “Are You Freaking Kidding Me?” Former BOP Warden Accuses Guards of Recruiting Prisoners for Assaults at Troubled Lockup in Illinois, June 1, 2024. Guard Misconduct, DOC/BOP misconduct, Guard Brutality/Beatings, Restraints, Control Units/SHU/Solitary Confinement, Bureau of Prisons (BOP).
- Georgia Prisoner’s Challenge to “Deplorable” Conditions Survives Motion to Dismiss, June 1, 2024. Plumbing, Sanitation, Vermin, Supervisory Liability, Control Units/SHU/Solitary Confinement.
- Use of Solitary Confinement on the Rise in ICE Facilities, May 15, 2024. Control Units/SHU/Solitary Confinement, Detention - Generally, Immigration Detention.