Corrections professionals are encountering an increasing trend challenging the use of solitary confinement. The conflict is mostly being stirred up by the media,legislatures,inmate advocate groups and the public. Some have tried to link isolated incidences where solitary confinement was in use with an in-custody death and or other situations regarding an inmate’s behavior,often tied to mental health issues.
Editor’s Note: Because the language in the Brady-Giglio policy references law enforcement agencies and police officers specifically,those terms have been used throughout this article for consistency. However,it is important to note that the Brady-Giglio policy encompasses those who work in all areas of law enforcement,and as such,is applicable to all corrections staff/officials working in jails and prisons as well.
It is clear then that the U.S. Supreme Court expects that Sheriffs and their subordinates understand the rights of prisoners and the other law that governs their conduct to protect against violations of the clearly established rights of prisoners.