Prieto v. Clarke

(1) Whether, in conflict with Wilkinson v. Austin and the decisions of ten other courts of appeals, the Second and Fourth Circuits properly require inmates to satisfy a "two-part analysis" under which they cannot establish a liberty interest in avoiding atypical and severe conditions of confinement without first pointing to an entitlement stemming from mandatory language in state law; and (2) what is the proper resolution of the extensive circuit split upon which this Court expressly reserved judgment in Wilkinson, regarding what conditions within a jurisdiction establish the "ordinary incidents of prison life."