Does a long term term in administrative segregation constitute cruel and unusual punishment under the Eighth Amendment?
MultiRegion, United States of America
The following excerpt is from Ireland v. Solano Cnty., No. 2:19-cv-1104-EFB P (E.D. Cal. 2019):
1. To the extent plaintiff is a pre-trial detainee, his claim would arise under the due process clause of the Fourteenth Amendment. See Bell v. Wolfish, 441 U.S. 520, 535 n.16 (1979). It is possible that plaintiff's lengthy term in administrative segregation, while not amounting to cruel and unusual punishment under the Eighth Amendment, would run afoul of the prohibition on pre-trial punishment. Id. at 535.
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