Protections against Indefinite Solitary Confinement for Death Row Inmates Awaiting Resentencing

[摘要] solitary confinementcruel and unusual punishmentdeliberate indifferenceprocedural due processexpert testimonyIndefinite Solitary Confinement on Death Row without Regular Justification for Need Violates the Eighth AmendmentIn Porter v. Pennsylvania Department of Corrections, 974 F.3d 431 (3d Cir. 2020), an inmate argued that continued placement on indefinite solitary confinement violated Eighth and Fourteenth Amendment protections following the vacatur of his death sentence. Following summary judgment in favor of the defendants, the inmate appealed to the U.S. Court of Appeals for the Third Circuit. In reversing and remanding aspects of the lower court's ruling, the circuit court recognized the substantial risks of serious psychological and physical harm associated with prolonged solitary confinement as the foundation for Eighth and Fourteenth Amendment violations.

[学科分类] 儿科学

[关键词] solitary confinement;cruel and unusual punishment;deliberate indifference;procedural due process;expert testimony