Legal Question in Civil Rights Law in New York

10 years in solitary confinement

I wanted to know if it was legal to keep someone in solitary confinment for 10 years or longer, isn't this cruel and unusual punishment? My brother is in N.Y.S dept. of corrections has been since 1996 and has been in solitary confinment since 1998 until now. His release date out of solitary is 2026. He has had disiplanary problems, has assaulted other prisoners. Although this is wrong it is common in prison. He has not murdered anyone and my family as well as myself are frighted about what this is doing to him mentally. He has been showing singns of mental illness that NEVER existed before his long term stay in solitary. If this is illegal please let me know, every attorney we've spoken to says it's a long process and they dont want to get involved. PLEASE HELP US, PLEASE!!


Asked on 10/06/06, 5:52 pm

2 Answers from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: 10 years in solitary confinement

The situation is difficult because if he is exceptionally violent, isolation makes sense, but total isolation for such a long time does seem unusual. If you believe he is being held improperly and without authority, you need an attorney familiar with incarceration issues, to do a habeas corpus proceeding in federal court and challenge the nature of his imprisonment.

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Answered on 10/06/06, 9:18 pm
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: 10 years in solitary confinement

This type of imprisonment may be legal in certain circumstances but generally only under very extrem circumstances, unless he has been placed in a supermax prison and is purposely in segregation because of past history of violence towards others.

Please feel free to contact my office I would be very interestedi n hleping you with this situation. 2127098303

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Answered on 10/12/06, 5:12 pm


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