S1983
Since the state rule keeping prisoners in custody during the pendency of a state appeal while not staying the judicial order ordering their release does not apply to the procedural (direct, apparently) challenge on which the deft prevailed, he did not revert to the status of a pretrial detainee when he prevailed on appeal, and there is no constitutional harm in his being kept in solitary confinement during the state's appeal.
No per se constitutional harm in solitary confinement.
http://media.ca8.uscourts.gov/opndir/16/01/143576P.pdf
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.