Waseem Daker v. Clinton Perry, Jr., Warden

Petitioner filed a habeas corpus petition pursu­ ant to 28 U.S.C. §§ 2241, 2254, challenging his place­ ment on segregated/solitary confinement. The district court dismissed his Petition, citing a conflict between the Circuits on whether habeas corpus can be used to challenge segregated confinement, but siding with those Circuits holding that it cannot. The Eleventh Circuit vacated in part, holding that Petitioner's due process claim challenging his placement on segre­ gated confinement was cognizable in habeas corpus, but that his Eighth Amendment claim was not. The questions presented are as follows I. Whether a prisoner may file a habeas corpus petition to challenge his placement on segregated/sol­ itary confinement. II. If so, whether a court considering such a pe­ tition challenging placement on segregated/solitary confinement may consider the conditions of confine­ ment.