NCJ Number
109756
Journal
New England Journal on Criminal and Civil Confinement Volume: 13 Issue: 2 Dated: (Summer 1987) Pages: 269-296
Date Published
1987
Length
28 pages
Annotation
This note examines the constitutionality of prison policies of isolation and segregation for inmates with AIDS (acquired immune deficiency syndrome) under the rights of due process, equal protection, and protection from cruel and unusual punishment.
Abstract
In Cordero v. Coughlin (1984), the Southern District Court of New York made several unsubstantiated holdings which supported the segregation of inmates with AIDS. The segregation of AIDS victims as a class is a clear violation of the equal protection clause. AIDS inmates are a suspect class or a quasi-suspect class which justifies heightened scrutiny. The Cordero court refused to recognize this. Segregation cannot be justified on any health or safety basis. It does not prevent the spread of AIDS, and in States that do not segregate AIDS inmates, there has been no reported increase of the disease. Segregation also violates prisoners' due process rights. Confinement without an offense or without action and a hearing is a clear violation of the Constitution's protections. The policy of segregation in and of itself is cruel and unusual punishment, since it is intrusive and offends human dignity. 252 footnotes. (Author summary modified)