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Federal judge keeps new solitary confinement law in place

Jun 21, 2022 12:55 pm

Robert Harding reports for Auburn Publications that U.S. District Judge Mae D'Agostino has dismissed a challenge to the state's Human Alternatives to Long-Term Solitary Confinement Act. The new rules, which went into effect April 1, limits a person in prison's time in segregated confinement housing, will remain in effect despite the lawsuit from the New York State Correctional Officers union. They claimed that eliminating solitary confinement removes disciplinary action and increases the likelihood of prison assaults and violent incidents. The court disagreed. D'Agostino said the court "recognizes the serious dangers corrections officers face." But she added that it "strains credulity to allege that the Fourteenth Amendment's guarantee that no state shall 'deprive any person of life, liberty, or property, without due process of law' imposes a constitutional obligation on the state of New York to use solitary confinement against individuals under 21 or over 55; or that New York state is constitutionally obligated to allow use of solitary confinement of prisoners for more than 15 days at a time." D'Agostino said the court "recognizes the serious dangers corrections officers face." But she added that it "strains credulity to allege that the Fourteenth Amendment's guarantee that no state shall 'deprive any person of life, liberty, or property, without due process of law' imposes a constitutional obligation on the state of New York to use solitary confinement against individuals under 21 or over 55; or that New York state is constitutionally obligated to allow use of solitary confinement of prisoners for more than 15 days at a time." NYSCOPBA President Michael Powers disagreed. "Despite the ruling, we will continue our campaign to repeal HALT by organizing our membership to vote out those in the legislature who supported the act," Powers said. "Once the legislature is back in session, we will focus our efforts on repealing HALT or amending HALT to strike out the dangerous portions. NYSCOPBA continues to strongly oppose any portions of HALT that limit DOCCS's ability to separate dangerous inmates from staff and other rule-following inmates." Read more about this story at the Auburn Publications website.

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