Is there a good faith defense to deny a person's right to periodic review of confinement in administrative segregation?

MultiRegion, United States of America

The following excerpt is from Deane v. Dunbar, 777 F.2d 871 (2nd Cir. 1985):

Second, the inmates contend that their due process rights were denied because the appellants failed to review periodically their continued confinement in administrative segregation. Although the appellants testified that they engaged in periodic review, the jury was entitled to disbelieve them. However, the right to periodic review of confinement in administrative segregation was not established as a component of due process until Hewitt v. Helms, supra, which was decided more than ten years after the conduct at issue. No decision established such a right in 1973. 5 Since the right was not clearly established, an objective good-faith defense to an alleged denial of the right is available as a matter of law.

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