Chapter 8
Procedural Due Process
The Fifth and Fourteenth Amendments’ Due Process Clauses require appropriate process to safeguard against deprivation of life, liberty, or property. This Chapter focuses on prisoners’ rights to procedural due process related to parole revocation, discipline, administrative segregation, and transfers. In addition to case law, materials include examples from parole, jail disciplinary, and prison transfer proceedings.
Featured Opinions
- Meachum v. Fano, 427 U.S. 215 (1976)
- Morrissey v. Brewer, 408 U.S. 471 (1972)
- Olim v. Wakinekona, 461 U.S. 238 (1983)
- Sandin v. Conner, 515 U.S. 472 (1995)
- Superintendent, Mass. Correctional Institution at Walpole v. Hill, 472 U.S. 445 (1985)
- Vitek v. Jones, 445 U.S. 480 (1980)
- Wilkinson v. Austin, 545 U.S. 209 (2005)
- Wolff v. McDonnell, 418 U.S. 539 (1974)
Featured, Cited, and Supplemental Litigation Documents
- Morales v. Findley, 13-cv-7572 (N.D. Ill.)
- Litigation summary and documents
- Final Settlement Agreement (referenced casebook p. 470) (Jan. 13, 2017)
Statutes, Treaties, and Regulations
- None
Non-case Excerpts and Supplemental Documents
- Illinois parole revocation documents
- Charging parole violation by purchasing Xanax pills (referenced casebook pp. 468-469)
- Standard notice of parole violation hearing (referenced casebook p. 469)
- Notice of Rights from Morales v. Findley, 13-cv-7572 (N.D. Ill.) (class action settled by Illinois agreement to increase parolee procedural protections) (referenced casebook p. 470)
- Notice of Impending Psychiatric Transfer and related documents (referenced casebook pp. 498-499)
- St. Clair County adjustment committee report referenced casebook p. 487 (“If you want to retire in one piece, you’ll leave me alone” vs. “go retire in peace”)
- Illinois Department of Corrections 2019 disciplinary report (referenced casebook p. 488) re. transgender prison who reported sexual abused by an officer
- Federal Bureau of Prisons, U.S. Department of Justice, Inmate Discipline Program
- Delaware Department of Corrections, Application and Forfeiture of Good Time
Additional Reading
Other Cited Sources
- John Boston & Daniel E. Manville, Prisoners’ Self-Help Litigation Manual (4th ed. 2010)
- Council of State Government, Justice Center, Confined and Costly (June 2019)
- Emma Kaufman, The Prisoner Trade, 133 Harv. L. Rev. 1815 (2020)
- Alabama’s Women Prisoners Moved to Louisiana to Ease Overcrowding, Prison Legal News (Sept. 15, 2003)