By: WISCONSIN LAW JOURNAL STAFF//June 7, 2012//
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.
Appeal from the United States District Court for the Southern District of Illinois, Murphy, J., Sykes, J.