Reading Room Document

Due Process Requirements in Transferring Inmates From the General Prison Population to Administrative and Disciplinary Segregation (II)

This document discusses the constitutional considerations involved in transferring inmates from the general prison population to administrative segregation. It concludes that the same standards would apply to both Federal and State penal institutions. The document also presents the question of whether a liberty interest derives from the Constitution in the absence of provisions relating to prisoners. The conclusion reached is that transfers from the general prison population to maximum security trigger constitutional safeguards, even in the absence of provisions creating a liberty interest.

May 16, 1978