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Fifth Circuit Finds Louisiana Prisoner’s Solitary Confinement Not Sufficiently “Atypical” to Violate the Constitution
Loaded on April 1, 2024
by David Reutter
published in Prison Legal News
April, 2024, page 55
Filed under:
Control Units/SHU/Solitary Confinement.
Location:
Louisiana.
by David M. Reutter
On September 25, 2023, the U.S. Court of Appeals for the Fifth Circuit affirmed dismissal of Louisiana prisoner Brandon LaVergne’s Eighth Amendment claim, finding the alleged restrictions on his visitation and email access while in “restricted custody”—solitary confinement—were not so bad that they were …
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More from this issue:
- NaphCare: More Proof That Privatized Healthcare Deals Death and Misery to the Incarcerated to Enhance Profits, by David Reutter
- Woman Denied Cardiac Care in Federal Prison in Texas—Despite Personal Assurance of BOP Medical Director
- From the Editor, by Paul Wright
- With Push to Empty North Carolina’s Death Row Comes Another to End Life Without Parole
- Drunken “Karen” Jail Guard in Michigan Invades Former Home, Demands to Speak to Prosecutor When Cops Arrive
- Months-Long Wisconsin Prison Lockdown Prompts Lawsuits
- Alaska Prisons Report Three Deaths in Three Days
- Florida County Makes Free Jail Phone Calls Available
- Colorado Prisoners Disciplined for Not Working Despite Ban on Prison Slavery
- From Prison Cook to Praised Pizza Chef
- Louisville Jail Records 15 Detainee Deaths, 16 Employees Fired
- 428 Georgia Prison Employees Criminally Charged in Five Years
- California Prisons Locked Down After Massive Riot Hospitalizes Prisoner, Eight Guards
- One Detainee Dying Every Week in L.A. County Jails
- Sentencing Project Finds “Important Inroads” Against Mass Incarceration, Racial Inequality Behind Bars
- HRDC Awarded Over $130,000 in Legal Costs and Fees for Defendant’s “Bad Faith” in Maine Records Lawsuit, by David Reutter
- Condemned Texas Prisoner Ruled Too Mentally Ill to Execute, by Matthew Clarke
- Oregon Prisoner’s Parole Deferral Based on “Dangerous Offender” Statute Reversed
- Maryland Compensates Exonerated Prisoner Over $340,000
- Seventh Circuit Again Rejects Challenge to Three-Book Limit at Cook County Jail by Now-Dead Detainee, by David Reutter
- $33 Million Awarded to Family of Oklahoma Jail Detainee Mocked By Nurse and Guards As He Died Begging for Help, by Douglas Ankney
- $9,000 Settlement in Wisconsin Prisoner’s Heat-Related Illness Suit, by Matthew Clarke
- Sixth Circuit Refuses Michigan Prisoner’s Excessive Force Claim Despite Guard’s Conviction for Battery, by David Reutter
- Lights, Camera, Action! “Dead Man Walking” Comes to Sing Sing
- Parole and Probation Accused of Driving Prison Growth, by David Reutter
- Louisiana Supreme Court Springs Prisoner From Death Row
- $1.75 Million Settlement Reached in Washington Jail Suicide, by David Reutter
- Grand Jury Slams Sacramento County for Delaying Jail Improvements Mandated in Consent Decree, by Douglas Ankney
- California Adds Statewide Detention Monitors Overseeing Local Jails
- Kansas DOC Claims Discrimination Against Wiccans Was “Inadvertent”, by Douglas Ankney
- Massachusetts High Court Calls Denial of Prisoner’s Medical Parole without Risk Assessment Arbitrary and Capricious, by Douglas Ankney
- Third Circuit Revives Disabled New Jersey Prisoner’s Claim for Deprivation of Walking Cane, by Douglas Ankney
- Nine Employees Arrested at Troubled South Carolina Jail
- Two Kansas Prison Guards Fired, Six Disciplined for Mocking Injured Prisoner and Refusing Her Help
- Missouri Moms Jailed After Kids Miss Too Much School
- Exceptional Punishments, by Kate Weisburd
- N.J. Prison Guard Sacked Over Mock George Floyd Killing
- Third Circuit Unhappy with Federal Detainee’s Denied Marriage Request at Pennsylvania GEO Group Lockup
- Russian Opposition Leader Dies in Prison
- Oklahoma Jail Withholds Death Records, Fails to Report Five Since 2018, by Matthew Clarke
- $8.5 Million Settlement After Pretrial Detainee Suffocated by Guards and Medical Staff at Virginia Psychiatric Hospital, by David Reutter
- $11.6 Million Settlement Reached in HRDC Debit Release Card Case in Washington; California Victory Remanded
- Georgia Sheriff Resigns After Groping TV Judge’s Breast
- North Carolina Court of Appeals Reinstates Parolee’s Parental Rights, Says Parole Conditions Barred Him from Visiting Minor Daughter, by Matthew Clarke
- Finding Indiana Grievance Process “Unavailable,” Federal Judge Grants Summary Judgment to 22 Prisoners on Same Day
- Alabama Denies Parole to Former Sheriff Convicted of Corruption
- Massachusetts Prisoners Again Stage Hunger Strike Against Solitary Confinement
- Eleventh Circuit Calls Georgia Prisoner’s Dismissed Suit Outside PLRA “Strike Zone”
- $19.3 Million Awarded to Former Illinois Prisoner Repeatedly Sexually Assaulted by Prison Counselor
- Federal Prisoners Released Under First Step Act Show 37% Reduction in Recidivism, by Matthew Clarke
- Missouri Expands Prison Mail Ban to Include Books Sent by Family, Friends
- Washington DOC Outfits Guards with Narcan
- Arizona Supreme Court Reverses Summary Judgment for Corizon Health in State Prisoner’s Death from Untreated Diabetes, by Matthew Clarke
- Class-Action Lawsuit Challenges Use of Presumptive Drug Tests by Washington DOC
- Fifth Circuit Finds Louisiana Prisoner’s Solitary Confinement Not Sufficiently “Atypical” to Violate the Constitution, by David Reutter
- Connecticut DOC Held Liable for Failure to Treat Transgender Prisoner’s Gender Dysphoria, by Douglas Ankney
- Eighth Circuit Affirms Qualified Immunity for Missouri Prison Chief in Sexual Abuse Claims Against Former Guard, by David Reutter
- Ninth Circuit Says Federal Prisoner in California May Have Bivens Claim for Delays in Medical Care Allegedly to Cover Up Assault by BOP Guard
- $2,000 Paid to Former Arkansas Jail Detainees Given Horse Dewormer for COVID-19, by Douglas Ankney
- At BOP California “Rape Club” Prison: Historic Ruling, FBI Raid, Warden Removed
- News in Brief
More from David Reutter:
- Washington State Guard’s Conviction Affirmed in Self-Inflicted Gunshot Wound Scheme, March 1, 2026
- Massachusetts Supreme Judicial Court Holds Motion Judge Abused Discretion by Denying Evidentiary Hearing on IAC Claim Where Plea Counsel’s Affidavit Was Not Inherently Inconsistent With Colloquy Statements Regarding Immigration Advice, March 1, 2026
- Washington Supreme Court Clarifies Double Jeopardy Analysis for Multiple Assault Convictions, Holding That Assaultive Acts Occurring Over Short Time Period in Same Location Without Intervening Events Constitute Single Course of Conduct, March 1, 2026
- New Jersey Supreme Court Reverses Drug Convictions Under Cumulative Error Doctrine, Holding Combined Effect of Improper References to Television Series, Gun Violence, and Search Warrants Deprived Defendant of Fair Trial, March 1, 2026
- New York Court of Appeals Announces Coercive Police Tactics Compelling Suspect to Exit Home Constitute “Constructive Entry” Violating Payton, Holds Attenuation Analysis Applies to Third-Party Consent, March 1, 2026
- Fourth Circuit Revives Deliberate Indifference Claim for Baltimore Detainee Served Rotten Food, March 1, 2026
- Fourth Circuit Clarifies Revocation Appeal Provides “Procedurally Appropriate Mechanism” for Raising Rogers Challenge to Unannounced Supervised Release Conditions, Vacates Revocation Judgment Based on Null Standard Conditions, March 1, 2026
- Eleventh Circuit: District Court Erred in Dismissing BOP Prisoner’s Medical Claim, Finds Prison Officials Made Administrative Remedies Unavailable, March 1, 2026
- Tenth Circuit Affirmed Denial of Guards Qualified Immunity in Disabled Detainee’s Fourteenth Amendment Claim, March 1, 2026
- The Malleable Mind in the Courtroom: Why Confident Eyewitnesses Often Provide the Least Reliable Evidence, Oct. 15, 2025
More from these topics:
- Class Certification Granted to Suit Challenging Suspension of HALT Act in New York Prisons, April 1, 2026. Injunctions, Class Certification, Control Units/SHU/Solitary Confinement, Guard Unions, Administrative Detention/Segregation.
- D.C. Judge Blocks Transfer of Biden-Commuted Federal Death Row Prisoners to “Supermax,” Citing Lack of Meaningful Due Process, April 1, 2026. Transfers, Control Units/SHU/Solitary Confinement, Fifth Amendment, Bureau of Prisons (BOP), Prison Classification.
- New York City Mayor Appoints Ex-Rikers Prisoner as Corrections Commissioner, March 1, 2026. Prison Reform, Staffing, Control Units/SHU/Solitary Confinement, Guard Unions, Administrative Detention/Segregation.
- After Exposing Prison Horrors, Incarcerated Whistleblowers Are Moved to Solitary, Feb. 1, 2026. Whistleblowing, Retaliatory Segregation, Work Strikes, Totality of Conditions, Control Units/SHU/Solitary Confinement.
- $404,000 Verdict for Ohio Prisoner Brutalized by Trio of Guards, Kept in Solitary for Two Years, Jan. 1, 2026. Retaliation for Filing Grievances, Retaliatory Segregation, Guard Brutality/Beatings, Pepper Spray/Tear Gas, Control Units/SHU/Solitary Confinement.
- U.S. District Court in Arizona Grants Summary Judgment in Favor of Prisoner Denial of Forms for Challenging 455 Days of Solitary, Jan. 1, 2026. Totality of Conditions, Administrative Exhaustion (PLRA), Control Units/SHU/Solitary Confinement, Chemical Spraying of Mentally Ill Inmates, Deliberate Indifference.
- First Circuit Greenlights Rhode Island Prisoner’s Damages Suit for Disastrous 450-Day Solitary Confinement, Dec. 1, 2025. Eighth Amendment, Control Units/SHU/Solitary Confinement, 42 U.S. Code § 1983, civil action for deprivation of rights, Immunity - Absolute and Qualified, Deliberate Indifference.
- Suicidal West Virginia Prisoner Granted Transfer From 13-Year Solitary Confinement, Dec. 1, 2025. Contempt (Civil Procedure), Control Units/SHU/Solitary Confinement, Failure to Treat (Mental Illness), Suicides, Deliberate Indifference.
- Suit by Mentally Disabled Detainees at South Carolina Jail Secures Class Certification; No Action on Damning DOJ Report, Dec. 1, 2025. Failure to Protect (General), DOJ CRIPA Actions, Class Certification, Control Units/SHU/Solitary Confinement, Failure to Treat (Mental Illness).
- Seventh Circuit Rules Against Prisoner’s Deliberate Indifference Claim Over Wexford Health’s Poor Psychiatric Care, Nov. 1, 2025. Wexford Health Services, Control Units/SHU/Solitary Confinement, Involuntary Treatment/Drugging, Cruel and Unusual Punishment, Deliberate Indifference.

