Solitary Confinement Imposed in Response to the COVID-19 Pandemic Entitles Incarcerated Individuals to Procedural Due Process

After medical experts advised social distancing and quarantining in response to the COVID-19 pandemic, many prisons assigned incarcerated persons to solitary confinement. This situation raises the question of whether an incarcerated individual is entitled to due process when they are placed in indefinite solitary confinement for their medical protection or to prevent the spread of a virus. In this Contribution, Julia Leff (’22) argues that the uncertainty regarding the length of the COVID-19 pandemic is sufficient to provide an incarcerated individual his right to procedural due process under the Fourteenth Amendment.