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November 13, 2023
Three Justices dissent from denial of cert in Illinois lawsuit over solitary confinement of mentally ill inmate
As mentioned in this prior post, this morning's new Supreme Court order list included a cert grant in a federal drug case and a lengthy dissent from the denial of cert in a state prison conditions case. The cert grant in Diaz v. US could touch on a variety of interesting issues that might provide to divided the Justices in ways other than the now "usual" 6-3 divide. But the state prison conditions case, Johnson v. Prentice, did produce the usual 6-3 split, with Justice Jackson authoring a lengthy dissent joined by Justices Sotomayor and Kagan. Here is how this dissent starts:
This Court has long held that the test for evaluating an Eighth Amendment challenge to a prisoner’s conditions of confinement involves determining whether prison officials acted with “deliberate indifference” to a substantial risk to an inmate’s health or safety. Estelle v. Gamble, 429 U. S. 97, 104 (1976). With respect to the Eighth Amendment claim at issue in this case, the Court of Appeals for the Seventh Circuit affirmed the grant of summary judgment to prison officials without applying that well-established standard. Given this indisputable legal error, I would grant certiorari and summarily reverse.
According to the dissent, the case involved an "unusually severe" example of solitary confinement for Johnson. But I am not too surprised from reading the dissent if this may have seemed to other Justices like an error-correction case, especially with the dissent suggesting the case only concerned whether there was "a genuine issue of material fact for the jury, under the facts and circumstances presented here, such that summary judgment was not appropriate." I certainly would like to see the full Court take up some of the issues surrounding "severe" use of solitary confinement, but I am not sure this Johnson case would have been ideal for addressing important broader issues.
November 13, 2023 at 10:53 AM | Permalink
Comments
I can understand the dissent here. What I don't get is why prison officials didn't have some humanity here. They could have bought him some cleaning supplies, and those sorts of things go (or at least should go) a long way towards forestalling expensive and wasteful litigation such as this.
https://quigley.house.gov/issues/racial-justice
How stupid are 'rats? Trayvon Martin was killed by police? Ahmaud Arbery?
Posted by: federalist | Nov 13, 2023 12:49:17 PM
Doug, what do you think of Quigley's screed?
Posted by: federalist | Nov 13, 2023 12:52:49 PM
Never heard of the guy, is there something special about him or this (undated) statement that has your attention today and draws yet another completely off-topic posting? Seems like he could benefit from having a fact-checker like you.
Posted by: Doug B | Nov 13, 2023 1:27:28 PM
Nothing really--just shows how stupid your buddies can be.
Posted by: federalist | Nov 13, 2023 1:45:41 PM
In addition to showing your partisan ways, federalist, your comment shows a distinctive type of stupidity. And though I never heard of Rep Quigley before, at least he has the courage to use his real name atop stupid stuff he writes. I also hope he has better uses of his work-day time than posting off-topic silliness in blog comments.
Posted by: Doug B | Nov 13, 2023 2:38:58 PM
https://hotair.com/tree-hugging-sister/2023/11/13/a-young-man-died-defending-his-smaller-friend-from-a-pack-of-thugs-n592113
When sentencing comes down, it will be interesting to see what these guys get.
Posted by: federalist | Nov 13, 2023 2:55:39 PM
I have to wonder if someone disturbed enough to spread feces around their cell would use cleaning supplies even if offered. Plus, of course, I would suspect that prison officials wouldn't dare leave an inmate unsupervised with such equipment, and thus it's also a staffing issue.
Posted by: Soronel Haetir | Nov 15, 2023 6:37:22 PM
Fair point, SH, but these are the kind of optics that get cases lost.
Posted by: federalist | Nov 16, 2023 4:42:09 PM