Prisoner Held in Harsh Administrative Confinement Is Entitled to Meaningful Periodic Review
By Shari Allison
Toevs v. Reid, 2012 WL 1085802 (4/2/12) (Col.) (Published) - Following the prison defendants' petition for rehearing, the same result as in Toevs v. Reid, 646 F.3d 752 (10th Cir. 2011): the 10th [Ebel, Matheson and McKay] holds that a prisoner in administrative confinement under conditions that constitute an atypical and significant hardship for about seven years, with the sole justification of encouraging the prisoner to modify his behavior, is entitled under the Due Process Clause to periodic meaningful reviews; the prisoner did not receive meaningful review, but because the law was not clearly established that due process required such reviews, the defendants are immune. The 10th explains in this version of the decision that it could just go to the immunity part of the decision, but it feels it's important to help develop constitutional precedent and promote law-abiding behavior by telling prisons what due process requires...continue to full post
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