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Fifth Circuit Finds Louisiana Prisoner’s Solitary Confinement Not Sufficiently “Atypical” to Violate the Constitution

by David M. Reutter

On September 25, 2023, the U.S. Court of Appeals for the Fifth Circuit affirmed dismissal of Louisiana prisoner Brandon LaVergne’s Eighth Amendment claim, finding the alleged restrictions on his visitation and email access while in “restricted custody”—solitary confinement—were not so bad that they were unconstitutional.

The ...

 

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