IMHO: This complete failure of SCOTUS to hear and decide in favor of the plaintiff of this case underscores both the Courts failure to read the language of the Constitution and their now often framework of "Historical" setting of the Framers.
The punishment of Solitary Confinement was absolutely not unknown to the Framers. And IMHO was exactly one of the 'cruel and unusual' punishments they had in mind when they wrote the Constitution. 27 MONTHS of solitary would constitute 'cruel and unusual' punishment ... 27 YEARS is TORTURE and STATE TERRORISM.
3 minute readApril 17, 20238:39 AM MSTLast Updated 2 hours ago
U.S. Supreme Court turns away suit by Texas inmate held 27 years in solitary confinement
By John Kruzel
Supreme Court is seen in Washington
[1/2] U.S. Supreme Court is seen during morning hours in Washington, U.S., February 22, 2023. REUTERS/Tom Brenner
WASHINGTON, April 17 (Reuters) - The U.S. Supreme Court on Monday declined to hear an appeal from a Texas inmate convicted of robbery who argues that the 27 years he was forced by prison officials to spend in solitary confinement violated the constitutional bar against "cruel and unusual."
The justices turned away Dennis Hope's appeal of a lower court's ruling that he had failed to show that his prolonged solitary confinement violated the U.S. Constitution Eighth Amendment prohibition on excessive punishment.
Hope, who is still in prison but as of last year no longer in solitary confinement, filed a civil rights lawsuit against prison officials in 2018.
He was convicted in 1990 of aggravated robbery with a deadly weapon. Following a 1994 prison escape, Hope was placed by prison officials in solitary confinement. In court papers, Hope described spending between 22 and 24 hours a day in a cell 9 feet long and 6 feet wide (2.7 meters by 1.8 meters) - "no larger than a parking space." Hope said he continued to be held in solitary confinement despite being deemed by Texas security officials in 2005 to no longer pose an escape risk.
He was deprived of nearly all human contact aside from interactions with prison staff, and said he suffered bouts of anxiety, depression, hallucinations and thoughts of suicide while being denied treatment, according to his lawsuit.
The Eighth Amendment states: "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."
A federal judge in Texas in 2020 dismissed Hope's lawsuit, finding that his allegations failed to "rise to the level of a violation of the Eighth Amendment," and the New Orleans-based U.S. 5th Circuit Court of Appeals in 2021 agreed.
The 5th Circuit decided that "long-term solitary confinement is not per se cruel and unusual," citing Supreme Court precedent stating that "the length of isolation sentences was not considered in a vacuum."
Hope filed an appeal to the Supreme Court in 2022, asking the justices to resolve a split among federal appeals courts over whether solitary confinement could constitute cruel and unusual punishment.
About a week after Hope's filing, Texas officials initiated a process that culminated in June with Hope's transfer out of solitary confinement into the prison general population. Hope and Texas officials then sought to negotiate a settlement but failed to reach an agreement, prompting the parties in March to ask the Supreme Court to resume consideration of Hope's appeal.
Texas asked the justices to consider the case moot since Hope is no longer held in solitary confinement, a request that was contested by Hope's lawyers.
Reporting by John Kruzel; Editing by Will Dunham
Our Standards: The Thomson Reuters Trust Principles.
P.S. As far as Historical reading is concerned. SCOTUS reading of the 2nd Amendment is almost laughable when put in the light of the 1700's. If gun owners want total unfetter access to arms based on that Historical reference I totally agree they may have all the single fire, muzzle loaded arms they want. Historically there was no such thing as the assault weapons that fire 100's of rounds that murders use today.
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