Mr. Gentry does not challenge his conviction or general confinement to prison as ... unlawful. Instead, he claims that his removal from the SHU and placement in the IMU [solitary confinement] has subjected him to more restrictive conditions of confinement in violation of the prohibition on ex post facto punishment. Gentry's claim presupposes a liberty interest in residing in the SHU or in retaining the privileges afforded there. The Washington and United States Constitutions do not create a liberty interest in a particular form of prison housing, absent allegations of cruel and unusual punishment in violation of the Eighth Amendment, which Gentry does not assert.

Ballooning prison populations and budget constraints have stretched prison systems and raised numerous prisoner rights issues. In late December the US District Court for the District of Colorado issued a preliminary injunction [order, PDF] against a county jail policy that restricted outgoing correspondence to 4x6 postcards provided by the jail. After that decision, the jail discontinued that policy [ACLU press release]. In November, the US Supreme Court heard oral arguments on a federal court order to reduce the California prison population [JURIST report]. The order would require the release of between 36,000 and 45,000 inmates as part of a plan to reduce chronic overcrowding for the past 20 years. In September, Canada announced $105 million allocated for new prison cells [JURIST report] at existing locations in anticipation of expanding prison populations.