PP964
Analítico de Periódico
MARCUS, Elli
Toward a standard of meaningful review : examining the actual protections afforded to prisoners in long-term solitary confinement / Elli Marcus
University of Pennsylvania Law Review, Philadelphia, v.163 n.4 (March 2015), p.1159-1198
DIREITO PENITENCIÁRIO, TRATAMENTO DE RECLUSOS
This Comment considers the actual procedural due process protections afforded to prisoners placed in segregated housing for nondisciplinary reasons. Part I examines the procedural protections afforded to inmates generally and prisoners placed in administrative segregation in particular. In addition, Part I explores the doctrinal limitations on due process challenges relating to administrative segregation. Part II chronicles recent developments in inmate litigation, in which litigants have alleged due process violations despite these limitations. Part II also evaluates the state of the doctrine through an analysis of recent litigation strategies, highlighting Ashker v. Brown as a model. Finally, Part III recommends changes to the Court’s approach to administrative segregation due process challenges.