1st Cir. Clarifies Solitary Confinement Due Process Standard

Massachusetts prison officials violated an inmate’s due process rights by placing him in solitary confinement for nearly two years, but they are entitled to qualified immunity, the First Circuit ruled, affirming a grant of summary judgment to the defendants.

Solitary confinement that exceeds 30 days triggers a prisoner’s liberty interest, but it doesn’t constitute a per se due process violation, Judge David J. Barron wrote for the majority.

Jwainus Perry’s solitary confinement “constituted an ‘atypical and significant hardship’ due to the length of its duration and the absence of any showing by the defendants as to how typical such a ...