Also known as: solitary confinements · solitary · isolation · administrative segregation
Written by attorneys · grounded in primary & secondary sources — see below
Separate confinement of a prisoner that provides extremely limited access to other people, especially complete isolation.
Rita directed Selena Singh into a locked vehicle that crossed state lines and drove a substantial distance to a remote camp. There Selena was held for three days in a guarded cabin with no contact permitted and armed guards blocking all exits. The confinement satisfied the Model Penal Code requirement of unlawful isolation for a substantial period with the purpose of halting protests.
Stephen Shaw, an inmate in a state facility, challenged a policy placing him in solitary confinement after a consensual encounter. The court examined whether the isolation infringed protected liberty interests arising from personal autonomy. The holding required the state to justify the restriction under substantive due process standards.
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Serena Soto faced charges that could result in placement in solitary confinement. Her attorney failed to advise her that the plea would expose her to that severe condition. The court assessed whether the omission rendered the plea involuntary under prevailing professional norms.
Seth Shapiro, a child in state custody, suffered repeated placement in solitary confinement by foster parents. The agency received reports of the isolation but took no action to intervene. The court determined whether the state's failure to protect created a constitutional violation.
Spencer Silver, an inmate, sued over prolonged solitary confinement alleging it violated equal protection in classification decisions. The state argued the claim presented a nonjusticiable political question. The court evaluated whether the isolation policy was subject to judicial review under separation of powers principles.
Sarah Sullivan died after guards placed her in solitary confinement without adequate monitoring. The estate sued the United States alleging negligence in the decision to isolate her. The court assessed whether the placement decision constituted a discretionary function immune from liability.
Solitary confinement involves separate housing that severely restricts a prisoner's access to other people and environmental stimulation. Ordinary housing permits regular interaction and movement within the facility. The distinction turns on the degree of isolation and loss of privileges.
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Placement triggers protections when it imposes an atypical and significant hardship compared to ordinary prison life. Courts examine the duration, conditions, and loss of parole eligibility. Near-total isolation in a supermax facility meets this threshold.
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The Code defines kidnapping to include unlawful confinement for a substantial period in a place of isolation when done for a prohibited purpose such as interfering with governmental functions. The confinement must be accomplished by force, threat, or deception. Release of the victim alive and in a safe place before trial reduces the degree of the felony.
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…possesses all the advantages. The atmosphere suggests the invincibility of the forces of the law."[^maj-11] To highlight the isolation and unfamiliar surroundings, the manuals instruct the police to display an air of confidence in the suspect's guilt and from outward appearance to maintain only an interest in confirming…