ABSTRACT
This chapter focuses on a frequently litigated aspect of prison administration: the use of isolated confinement, or “the hole.” Most inmate suits against the use of isolated confinement claim a violation of the Eighth Amendment’s ban on cruel and unusual punishments. As such, the chapter begins with a discussion of the case law surrounding these claims, including what courts have held regarding the constitutionality of isolated confinement as a punishment, the conditions of isolated confinement, and the appropriate purposes of isolated confinement. The chapter next examines whether inmates have a protected liberty interest against placement in isolated confinement. The chapter concludes with discussions of the relatively new use of “superma” prisons and the constitutionality of segregating inmates by race.
