Reading Room Document
Due Process Requirements in Transferring Inmates From the General Prison Population to Administrative and Disciplinary Segregation
This document discusses the constitutional requirements for transferring federal inmates from the general prison population to administrative segregation. It concludes that due process procedures are required before such transfers, and these procedures apply whether the transfer is for administrative or disciplinary reasons. The document also presents the questions of what procedural protections are constitutionally required for such transfers and whether the existence of a statutory or legally recognized right affects the procedural requirements. Additionally, it addresses the question of whether the transfer context, such as classification or disciplinary procedure, affects the procedural requirements. The document also discusses the specific procedures and safeguards that should be followed in cases of involuntary administrative detention.
The OLC's Opinions
Opinions published by the OLC, including those released in response to our FOIA lawsuit