Opinion

Wendell Bills v. Murray Henderson

  • 631 F.2d 1287
Court
Court of Appeals for the Sixth Circuit
Filed
Nov 13, 1980
Status
Published
Author
Edwards
On the bench
Edwards, Weick, Kennedy
Cited by
158 cases
Authority
More cited than 25.2%

holding that transfer to administrative segregation as punishment for a specific rule infraction under Tennessee prison policies entitles a prisoner to notice, a hearing, a deliberative decision and a general statement of reasons as required in Wolff v. McDonnell, 418 U.S. 539, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974)

How later courts described this case

  • holding that transfer to administrative segregation as punishment for a specific rule infraction under Tennessee prison policies entitles a prisoner to notice, a hearing, a deliberative decision and a general statement of reasons as required in Wolff v. McDonnell, 418 U.S. 539, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974)
  • noting that deviations from state- created procedural rules do not necessarily amount to due process violations
  • holding that a liberty interest was established by a prison rule contained in an "Adult Service Policies and Procedure Manual of the Department of Corrections (Guidelines)"
  • holding that "procedural rules created by administrative bodies cannot, of themselves, serve as a basis for a separate protected liberty interest"

Written by the judges who cited it.

The opinion

EDWARDS, Chief Judge,

concurring specially.

I concur in and join the majority opinion as to all sections except Section III. I cannot agree with the rejection of plaintiffs’ claims to procedural rights based on state prison regulations (see Guidelines, Rule 4.601(4)). I believe that these rules do establish a “legitimate claim of entitlement” and may not, as here, be arbitrarily disregarded. Meachum v. Fano, 427 U.S. 215, 226 , 96 S.Ct. 2532, 2539 (1976); Wolff v. McDonnell, 418 U.S. 539, 558 , 94 S.Ct. 2693 , 2975 (1974).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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