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PRISONERS HAVE NO RIGHT TO PROCEDURAL DUE PROCESS IN INTERINSTITUTION TRANSFERS

NCJ Number
42675
Journal
Nebraska Law Review Volume: 56 Issue: 3 Dated: (1977) Pages: 753-764
Author(s)
T SINDELAR
Date Published
1977
Length
12 pages
Annotation
THIS NOTE CONCERNS A TREND TOWARD LIMITING THE CONSTITUTIONALLY PROTECTED RIGHTS OF INCARCERATED INDIVIDUALS FACING INTERINSTITUTION TRANSFERS, AS MANIFESTED IN THE MEACHUM V. FANO CASE.
Abstract
THE CASE LIMITED THE 'LIBERTY INTEREST' OF PRISONERS BY DECIDING THAT PRISONERS FACED WITH THE PUNISHMENT OF A MAJOR CHANGE IN CONFINEMENT CONDITIONS HAVE NO INTEREST PROTECTED BY THE DUE PROCESS CLAUSE OF THE FOURTEENTH AMENDMENT. THIS SUPREME COURT DECISION MAY INDICATE A RETURN TO A TRADITIONAL 'HANDS OFF', NO GOVERNMENT INTERFERENCE APPROACH REGARDING CONFLICTS BETWEEN PRISONERS AND PRISON AUTHORITIES. (AUTHOR ABSTRACT MODIFIED)...KAP