An inmate who has spent the past 18 years in solitary confinement is not barred from challenging his isolation simply because a previous action was dismissed, the U.S. Court of Appeals for the Second Circuit has held.
Without reaching the merits of Patrick Proctor’s claims, the circuit, in Proctor v. LeClaire Jr., 11-3312-pr, said a Northern District judge erred in ruling on res judicata and collateral estoppel grounds that the inmate could not challenge what he describes as "meaningless" and "sham" 60-day reviews to determine if placement in special housing is still necessary.
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