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1 Kathrina Szymborski Wolfkot, Why Are State Constitutional Challenges to Inhumane Prison Conditions So Rare? Weak Federal Protections Present an Opportunity for State Supreme Courts to Apply Their States' Bans on Cruel Punishment to Prison Conditions [1] (2024)

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               RIGiTS    CIVIL  DUE PROES    JUDCIL INTRREAIN


Why Are State Constitutional Challenges

to  Inhumane Prison Conditions So Rare?


Weak  federal protections  present an opportunity  for state

supreme   courts to apply their states' bans on cruel punishment

to prison conditions.

By Kathrina Szymborski Wolfkot  Published: August 1, 2024

Michigan Washington Oregon New Mexico


The Eighth Amendment's ban on cruel and unusual punishment requires that
incarcerated people be held in humane living conditions. In practice, however, federal
courts sometimes permit deeply troubling conditions behind bars. One federal
appellate court found no Eighth Amendment violation where a man was held in
solitary confinement for years without a single hour of exercise. Another dismissed
claims against a correctional officer who allegedly trapped an elderly man in a
backed-up shower containing feces and urine for up to 40 minutes. (Full disclosure: I

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