Please ensure Javascript is enabled for purposes of website accessibility

Constitutional Law – prisons — due process

By: WISCONSIN LAW JOURNAL STAFF//June 7, 2012//

Constitutional Law – prisons — due process

By: WISCONSIN LAW JOURNAL STAFF//June 7, 2012//

Listen to this article

United States Court of Appeals For the Seventh Circuit

Civil

Constitutional Law – prisons — due process

Due process does not require that a hearing to transfer a prisoner to a super maximum prison be tape recorded and decided with a written opinion.

“[T]he injunction goes well beyond what the Supreme Court has said is constitutionally required. By incorporating a highly specific notice-and-hearing system into the injunction, the district court has in effect established the details of that system as constitutional requirements. This is not the narrow tailoring that the PLRA requires. It is up to IDOC to craft transfer-review procedures that meet the requirements of due process. The court should do no more than to order IDOC officials to do so in general terms and to verify that the plan they submit satisfies the relevant constitutional standards.”

Vacated and Remanded.

10-2957 Westefer v. Neal

Appeal from the United States District Court for the Southern District of Illinois, Murphy, J., Sykes, J.

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests