What is the test for "some evidence" used by a prison administrator in making segregation decisions?

MultiRegion, United States of America

The following excerpt is from Toussaint v. McCarthy, 926 F.2d 800 (9th Cir. 1991):

In our previous consideration of this case, we held that "the exigencies of prison administration allow prison administrators to make segregation decisions on the basis of 'some evidence,' including the administrator's experience and awareness of general prison conditions...." Toussaint IV, 801 F.2d at 1105. However, such evidence must meet minimal standards of reliability. See Cato v. Rushen, 824 F.2d 703, 705 (9th Cir.1987). To allow the admission of asserted information not demonstrated to meet minimal standards of reliability to meet the "some evidence" requirement would subvert the requirement's rationale--assuring that prison officials act fairly rather than arbitrarily.

3. Ninety-Day Periodic Review

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