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Second Circuit Holds Control Unit Placement for Former Death Row Prisoners Unconstitutional Bill of Attainder
Loaded on Aug. 1, 2021
by David Reutter
published in Prison Legal News
August, 2021, page 36
Filed under:
Control Units/SHU/Solitary Confinement.
Location:
Connecticut.
by David M. Reutter
The Second Circuit Court of Appeals affirmed a Connecticut federal district court’s order that found a state law was an unconstitutional bill of attainder because it was intended to impose punishment upon prisoners on death row. It also affirmed the finding that the plaintiff …
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More from this issue:
- 25 Years of the Prison Litigation Reform Act, by John Boston
- From the Editor, by Paul Wright
- Investigation Finds “Deadly Delays” in Cancer Diagnosis at Washington State Prisons, by David Reutter
- Whistleblowers: Software Bug Keeping Hundreds of Arizona Prisoners Beyond Release Dates, by Jimmy Jenkins
- How Sheriffs Are Extracting Wealth from People in Jail, by Katie Jane Fernelius
- Illinois First State to Abolish Cash Bail, by Daniel A. Rosen
- CFPB and Three States Sue Over Predatory Immigrant Bail and GPS Scam, by David Reutter
- Smart Communications Contract Reveals Plans for Expanding Privatized Prison Mail, by Kevin Bliss
- Scores of Ecuadoran Prisoners Die in Coordinated Melees
- Florida Supreme Court Disbars Attorney For Making Sex Films in Jail Visiting Room, by Matthew Clarke
- Justice Delayed in California Jails: Lengthy Pretrial Imprisonment Common, by Daniel A. Rosen
- New York State Law Ends Long-Term Solitary Confinement in Prisons and Jails, by Matthew Clarke
- $1,000 Award to Ohio Prisoner for Violation of Public Records Act
- Resisting a Prison Without End, by Jayson Hawkins, Panagioti Tsolkas
- Seventh Circuit Says Racial Disparity Argument ‘Too Weak to Require Discussion’ in COVID-Related Motion for Compassionate Release, by David Reutter
- Ohio Enacts Criminal Justice Reform in 2020, by David Reutter
- Seventh Circuit Reinstates Illinois DOC Prisoner’s Suit Against Wexford Psychiatrist, by Matthew Clarke
- $1.65 Million Settlement for Family of Prisoner Killed at Rikers Island
- Sixth Circuit Reinstates Lawsuit Over Kentucky Jail Prisoner’s Suicide, by Matthew Clarke
- Rebellion at GEO-Run Prison in New Mexico
- Louisiana Law School Counts Deaths Behind Bars Because State Won’t, by Daniel A. Rosen
- NYC Department of Corrections Continued Noncompliance to Consent Decree and Spending Nearly Half A Million Dollars Per Prisoner in 2020, by Kevin Bliss
- $11,000 Recovery for Asthmatic Indiana Prisoner in Denial of Treatment After Cell Block Fire
- Second Circuit Holds Control Unit Placement for Former Death Row Prisoners Unconstitutional Bill of Attainder, by David Reutter
- Minnesota Mothers to Receive More Bonding Time with Their Newborn Children, by Kevin Bliss
- South Carolina to Use Firing Squads to Execute Prisoners, by Keith Sanders
- Medical Update: COVID is Not Over, by Michael D. Cohen, MD
- America’s Biggest Jails Are Frontline Environmental Justice Communities, by Adam Mahoney
- Planned Massive Shortfall in Funding to Maintain Minnesota Prisons, by Anthony Accurso
- Federal Judge Rejects BOP’s Attempts to Keep Videos of Force-Feeding Prisoners at ADX Secret, by Dale Chappell
- Florida Prisons Face Ongoing Staff Shortages Due to Low Pay And Long Hours, by David Reutter
- HRDC Settles Censorship Lawsuit with Johnson County, Kansas Jail for $50,000 and Policy Changes, by Derek Gilna
- U.S. Department of Justice Publishes Statistics on Prisoners’ Deaths, by Matthew Clarke
- Virginia Federal Court Sentences Former Superintendent of Rockbridge County Jail to 51 Months in Prison for Brutality and Corruption
- No Qualified Immunity for Oregon Prison Officials’ COVID-19 Response; Class Certified, by Mark Wilson
- Illinois Prisoner Gets Mixed Results in Appeal of Suit Against Wexford and Doctors, by David Reutter
- Report Shows Official Misconduct Responsible for More than Half of Exonerations, by Dale Chappell
- Seven Guards Fired After Prisoner Dies in TX Jail, by Keith Sanders
- Virginia Prison Guards Attack Prisoners with Dogs, by Keith Sanders
- Connecticut Makes All Prison Communications Free, Makes History, by Daniel A. Rosen
- Orange County California Jail Guard Investigated for Burning Mentally Ill Prisoner, by Daniel A. Rosen
- Potential Radioactive Exposure to Manatee County Jail Prisoners in Florida, by Kevin Bliss
- Change in Good Time Makes Tens of Thousands of California Prisoners Eligible for Release, by Matthew Clarke
- Anti-Parole Whistleblower Prompts Investigation of Virginia Parole Board, by Casey Bastian
- No Mutual Assent Where Detainee Forced to Accept Release Card in HRDC Case, by David Reutter
- California Juvenile Court Erred in Removing Child from Imprisoned Father’s Care
- $550,000 in Damages Ordered to Woman Prisoner Raped by New York Guard
- News in Brief
More from David Reutter:
- Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026
- Florida Supreme Court Announces Rule 3.170(f)’s Good-Cause Plea-Withdrawal Standard Does Not Apply at Post-Appeal Resentencing, April 1, 2026
- Colorado Supreme Court Announces Defendant Must Be Competent Before Undergoing Mental-Condition Examination Under § 16-8-107(3)(b), April 1, 2026
- California Court of Appeal Announces Plea Agreements Cannot Bar § 1172.1 Resentencing, Holds Merit-Based Denial of Petition Is Appealable, April 1, 2026
- Georgia Supreme Court Clarifies That Failure to Object to Ineligible Juror Does Not Constitute Waiver Unless Party Knew or Could Have Discovered Ineligibility Through Ordinary Diligence, April 1, 2026
- Washington State Guard’s Conviction Affirmed in Self-Inflicted Gunshot Wound Scheme, March 1, 2026
- Massachusetts Supreme Judicial Court Holds Motion Judge Abused Discretion by Denying Evidentiary Hearing on IAC Claim Where Plea Counsel’s Affidavit Was Not Inherently Inconsistent With Colloquy Statements Regarding Immigration Advice, March 1, 2026
- Washington Supreme Court Clarifies Double Jeopardy Analysis for Multiple Assault Convictions, Holding That Assaultive Acts Occurring Over Short Time Period in Same Location Without Intervening Events Constitute Single Course of Conduct, March 1, 2026
- New Jersey Supreme Court Reverses Drug Convictions Under Cumulative Error Doctrine, Holding Combined Effect of Improper References to Television Series, Gun Violence, and Search Warrants Deprived Defendant of Fair Trial, March 1, 2026
- New York Court of Appeals Announces Coercive Police Tactics Compelling Suspect to Exit Home Constitute “Constructive Entry” Violating Payton, Holds Attenuation Analysis Applies to Third-Party Consent, March 1, 2026
More from these topics:
- New York Juvenile Detention Officials Sued for Abusing Adolescents with Solitary Confinement, May 1, 2026. Sanitation, Lockdowns, Control Units/SHU/Solitary Confinement, Juvenile Prisons, Confinement in Segregated Housing.
- Class Certification Granted to Suit Challenging Suspension of HALT Act in New York Prisons, April 1, 2026. Injunctions, Class Certification, Control Units/SHU/Solitary Confinement, Guard Unions, Administrative Detention/Segregation.
- D.C. Judge Blocks Transfer of Biden-Commuted Federal Death Row Prisoners to “Supermax,” Citing Lack of Meaningful Due Process, April 1, 2026. Transfers, Control Units/SHU/Solitary Confinement, Fifth Amendment, Bureau of Prisons (BOP), Prison Classification.
- New York City Mayor Appoints Ex-Rikers Prisoner as Corrections Commissioner, March 1, 2026. Prison Reform, Staffing, Control Units/SHU/Solitary Confinement, Guard Unions, Administrative Detention/Segregation.
- After Exposing Prison Horrors, Incarcerated Whistleblowers Are Moved to Solitary, Feb. 1, 2026. Whistleblowing, Retaliatory Segregation, Work Strikes, Totality of Conditions, Control Units/SHU/Solitary Confinement.
- $404,000 Verdict for Ohio Prisoner Brutalized by Trio of Guards, Kept in Solitary for Two Years, Jan. 1, 2026. Retaliation for Filing Grievances, Retaliatory Segregation, Guard Brutality/Beatings, Pepper Spray/Tear Gas, Control Units/SHU/Solitary Confinement.
- U.S. District Court in Arizona Grants Summary Judgment in Favor of Prisoner Denial of Forms for Challenging 455 Days of Solitary, Jan. 1, 2026. Totality of Conditions, Administrative Exhaustion (PLRA), Control Units/SHU/Solitary Confinement, Chemical Spraying of Mentally Ill Inmates, Deliberate Indifference.
- First Circuit Greenlights Rhode Island Prisoner’s Damages Suit for Disastrous 450-Day Solitary Confinement, Dec. 1, 2025. Eighth Amendment, Control Units/SHU/Solitary Confinement, 42 U.S. Code § 1983, civil action for deprivation of rights, Immunity - Absolute and Qualified, Deliberate Indifference.
- Suicidal West Virginia Prisoner Granted Transfer From 13-Year Solitary Confinement, Dec. 1, 2025. Contempt (Civil Procedure), Control Units/SHU/Solitary Confinement, Failure to Treat (Mental Illness), Suicides, Deliberate Indifference.
- Suit by Mentally Disabled Detainees at South Carolina Jail Secures Class Certification; No Action on Damning DOJ Report, Dec. 1, 2025. Failure to Protect (General), DOJ CRIPA Actions, Class Certification, Control Units/SHU/Solitary Confinement, Failure to Treat (Mental Illness).

