Hope v. Harris

(1) Whether decades of solitary confinement can, under some circumstances, violate the Eighth Amendment, as at least five circuits have held, or whether solitary confinement can never run afoul of the Eighth Amendment, as the U.S. Court of Appeals for the 5th Circuit held below and three other circuits have held; and (2) whether the due process clause requires hearings where prison officials are open to the possibility of a different outcome, as at least seven circuits have held, or whether a hearing that rubber-stamps a prisoner"s placement suffices, as the 5th Circuit held below.