Porter v. Clarke, No. 18-6257 (4th Cir. 2019)
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The Fourth Circuit affirmed the district court's decision holding that conditions of confinement on Virginia's death row violated the Eighth Amendment and enjoining reinstatement of those conditions. Virginia death row inmates spent between 23 and 24 hours a day alone, in a small cell with no access to congregate religious, educational, or social programming. Inmates were denied access to any form of congregate recreation, either indoor or outdoor, and were not allowed to eat meals outside of their cells.
The court held that the challenged conditions on Virginia's death row deprived inmates of the basic human need for meaningful social interaction and positive environmental stimulation. Furthermore, the undisputed evidence established that deprivation posed a substantial risk of serious psychological and emotional harm and state defendants were deliberately indifferent to that risk.
The court issued a subsequent related opinion or order on May 6, 2019.
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