Legal Opinion

United States v. Bout

District Court, S.D. New York

Decided February 24, 2012No. 08 CR 365(SAS)PublishedCited by 2 opinions

1Opinion of the Court

OPINION AND ORDER

SHIRA A. SCHEINDLIN, District Judge.

After fifteen months in solitary confinement with extremely minimal human contact and mobility, Viktor Bout requests that he be transferred to general population. The Supreme Court has noted that “[pjrison walls do not form a barrier separating prison inmates from the protections of the Constitution” and that “‘[w]hen a prison ... practice offends a fundamental constitutional guarantee, federal courts will discharge their duty to protect constitutional rights.’ ” 1 Because I “cannot simply defer to the Warden and abandon my duty to uphold…

2Cases cited9 opinions

  1. Bell v. WolfishSupreme Court of the United States · 1979
  2. Turner v. SafleySupreme Court of the United States · 1987
  3. Procunier v. MartinezSupreme Court of the United States · 1974
  4. James Benjamin v. William J. Fraser, Commissioner of the Department of Correction of the City of New YorkCourt of Appeals for the Second Circuit · 2001
  5. United States v. El-HageCourt of Appeals for the Second Circuit · 2000

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3Cited by2 opinions

  1. BUSANET v. WETZELDistrict Court, E.D. Pennsylvania · 2023
  2. Friedmann v. ParkerDistrict Court, M.D. Tennessee · 2021

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