Nick (Bollea) Hogan’s attorneys requested that the courts allow him to be released from solitary confinement in which he spends 16-17 hours a day.

They’re playing the cruel and unusual punishment card.

“Understandably, this situation creates an unbearable anxiety for a minor in solitary confinement,” his attorneys claim in court papers.

Nick’s legal team is trying to persuade the courts that Nick is being subjected to “substantial amounts to cruel and unusual punishment for a juvenile.” Court documents go on to say that Nick’s sentence, “is not warranted for a non-violent first offender serving a probation sentence.”

His attorneys want him to be transfered to either home confinement or to be released to the minimum security area in the jail, which apparently “is not equipped for juveniles.”

That sounds like one hell of a gamble to me. You can be assured that the legal team is trying to get him back home, but what if he gets minimum security instead? Wouldn’t he be at risk?

Probably not, now that I think about it. People in jail are generally morons, and they tend to get star struck too. Now if he was a sexual predator that would be out of the question. Instead, he merely caused his best friend’s head to get dented in like a dollar store Barbie. Apparently not worthy of solitary confinement.

UPDATE: TMZ just obtained court documents [PDF file] stating Bollea’s defenses in this case.

Nick’s family blame everyone under the sun, except Nick, for the accident.  In Nick’s defense, attorneys claim that John, a legal adult, could have opted to not enter the vehicle if he thought Nick was driving unsafe.  For the same reason they say he had multiple opportunities to exit the vehicle at one of many street lights they encountered.  Also, John chose to not wear a seatbelt and that if he had, he wouldn’t have sustained injuries to the extent that he did.

Lastly, they go onto say that the driver of the other vehicle, also an adult, should have equal responsibility as Nick in this case.

The one thing they state over and over is that Nick is a minor and that any actions he may have taken should have been supervised by John and the other driver.  So basically, it’s their faults for allowing him to drive like a moron.

Hardly shocking.