Grissom v. Roberts

Inmate placed in solitary confinement due to allegations he was trafficking drugs, where he remains for 20 years. Each month, officials review the determination; reviews last one to two minutes, provide no guidance as to how to get out of solitary, and repeat the same reason to keep him in solitary. Tenth Circuit (unpublished, non-precedential 2013 decision): qualified immunity. Tenth Circuit (2018): qualified immunity; the previous case says so, and neither the law nor the facts have changed much since then. Concurrence: The previous decision was wrong but binds us here. Twenty years in solitary based on only marginal justification violates due process.

Tags: 2018, Due Process, Qualified Immunity, Tenth Circuit

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