Death Sentence’s Undoing Means Solitary Confinement Improper

Sept. 1, 2020, 8:21 PM

A Pennsylvania prisoner who succeeded in getting a federal judge to vacate his death sentence has a constitutional right not to be held in solitary while that ruling is on appeal, a split panel of the Third Circuit ruled Tuesday.

The Pennsylvania Department of Corrections must face claims alleging it violated Ernest Porter’s procedural due process rights by continuing to hold him in the same death row isolation cell where he has been held for the last 33 years, the U.S. Court of Appeals for the Third Circuit said.

The appeals court rejected the department’s bid for immunity on the ...

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