SMI Inmate and Disciplinary Due Process
Author: Fred Cohen.
Source: Volume 20, Number 01, May/June 2018 , pp.10-10(1)
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Abstract:
The 7th Circuit overturned a district court’s dismissal of a lawsuit filed by a “seriously mentally ill” inmate falsely accused of engaging in gang activity and placed in solitary confinement where his conditioned deteriorated significantly. The district court incorrectly relied on Heck v. Humphrey in ruling that no due process rights had been violated by the wrongful imposition of solitary; the 7th Circuit ruled that “inmates must be afforded some degree of process before they are subjected to an “atypical and significant hardship . . . in relation to the ordinary incidents of prison life.”Keywords: James v. Pfister; Heck v. Humphrey
Affiliations:
1: Executive Editor.