Koch v. Lewis.

• Position: FACILITIES - Violation of civil rights by Arizona. Department of Corrections

U.S. District Court

SEPARATION

VIEW

WINDOWS

Koch v. Lewis, 216 F.Supp.2d 994 (D.Ariz. 2001). An inmate brought an action against a state corrections department alleging that his indefinite detention in near solitary confinement, based on his alleged gang membership, violated his right to due process. The inmate moved for injunctive relief and the court granted the motion. The district court held that the department's policies and procedures regarding acceptable evidence and procedure at a gang validation hearing were insufficient to form a basis for a liberty interest. But the court found that the inmate's five and one-half years in solitary confinement, with no end in sight, gave rise to a protected due process liberty interest. The court ruled that the inmate could not be indefinitely detained in a special management unit based solely on his status as a gang member, absent evidence of overt misconduct. The court noted that the "extreme conditions" of his confinement contributed to the establishment of his liberty interest. The inmate could only be released from the segregation unit by "debriefing," which would result in placement in another special unit due to concerns about reprisals from gang members.

The inmate was confined to his cell for 165 out of 168 hours per week, with no view of the horizon or night sky, was not allowed to interact with other prisoners, and could not participate in any educational, vocational or employment activities. The prisoner was allowed one phone call per week, and visitation of up to two hours per week. Visitors to the unit...