494
Breyer, J., dissenting
Olim v. Wakinekona, 461 U. S. 238, 248-249 (1983) (existence of liberty interest regarding interstate prison transfers depends upon state regulations); Montanye v. Haymes, 427 U. S. 236, 242 (1976) (same for intrastate prison transfers); Meachum v. Fano, 427 U. S. 215, 225-227 (1976) (same).
If we apply these general pre-existing principles to the relevant facts before us, it seems fairly clear, as the Ninth Circuit found, that the prison punishment here at issue deprived Conner of constitutionally protected "liberty." For one thing, the punishment worked a fairly major change in Conner's conditions. In the absence of the punishment, Conner, like other inmates in Halawa's general prison population would have left his cell and worked, taken classes, or mingled with others for eight hours each day. See Exh. 36, App. 126; Exh. 6, id., at 101. As a result of disciplinary segregation, however, Conner, for 30 days, had to spend his entire time alone in his cell (with the exception of 50 minutes each day on average for brief exercise and shower periods, during which he nonetheless remained isolated from other inmates and was constrained by leg irons and waist chains). See Exh. 61, id., at 156-157, 166. Cf. Hughes v. Rowe, 449 U. S. 5, 9, 11 (1980) (per curiam) (disciplinary "[s]egregation of a prisoner without a prior hearing may violate due process if the postponement of procedural protections is not justified by apprehended emergency conditions"); Wolff v. McDonnell, 418 U. S. 539, 552, n. 9, 571-572, n. 19 (1974) ("solitary confinement"—i. e., segregation "in the usual 'disciplinary cell' " or a " 'dry cell' "—"represents a major change in the conditions of confinement"); Baxter v. Palmigiano, 425 U. S. 308, 323 (1976) (segregation for " 'serious misconduct' " triggers due process protection) (citation omitted).
Moreover, irrespective of whether this punishment amounts to a deprivation of liberty independent of state law, here the prison's own disciplinary rules severely cabin the authority of prison officials to impose this kind of punishment. They provide (among other things):
Page: Index Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 NextLast modified: October 4, 2007