Sandin v. Conner, 515 U.S. 472, 6 (1995)

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Cite as: 515 U. S. 472 (1995)

Opinion of the Court

ulation that instructs the committee to find guilt when a charge of misconduct is supported by substantial evidence. Haw. Admin. Rule § 17-201-18(b)(2) (1983).3 The Court of Appeals reasoned from Kentucky Dept. of Corrections v. Thompson, 490 U. S. 454 (1989), that the committee's duty to find guilt was nondiscretionary. From the language of the regulation, it drew a negative inference that the committee may not impose segregation if it does not find substantial evidence of misconduct. 15 F. 3d, at 1466. It viewed this as a state-created liberty interest, and therefore held that respondent was entitled to call witnesses by virtue of our opinion in Wolff, supra. We granted the State's petition for certiorari, 513 U. S. 921 (1994), and now reverse.

II

Our due process analysis begins with Wolff. There, Nebraska inmates challenged the decision of prison officials to revoke good time credits without adequate procedures. 418 U. S., at 553. Inmates earned good time credits under a state statute that bestowed mandatory sentence reductions for good behavior, id., at 546, n. 6, revocable only for " 'flagrant or serious misconduct,' " id., at 545, n. 5 (citation omitted). We held that the Due Process Clause itself does not create a liberty interest in credit for good behavior, but that the statutory provision created a liberty interest in a "shortened prison sentence" which resulted from good time

3 The full text of the regulation reads as follows: "Upon completion of the hearing, the committee may take the matter under advisement and render a decision based upon evidence presented at the hearing to which the individual had an opportunity to respond or any cumulative evidence which may subsequently come to light may be used as a permissible inference of guilt, although disciplinary action shall be based upon more than mere silence. A finding of guilt shall be made where:

"(1) The inmate or ward admits the violation or pleads guilty. "(2) The charge is supported by substantial evidence." Haw. Admin. Rule § 17-201-18(b)(2) (1983) (emphasis added).

477

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