What is the test for transferring an inmate from the general prison population to administrative segregation?

MultiRegion, United States of America

The following excerpt is from West v. Luster, 889 F.2d 1097 (9th Cir. 1989):

The threshold inquiry in this type of due process analysis is whether the plaintiff has shown entitlement to a protected liberty interest. Hernandez v. Johnston, 833 F.2d 1316, 1318 (9th Cir.1987). The exhibits filed in this case uniformly demonstrate that West was held in administrative and not disciplinary segregation. A transfer from the general prison population to administrative segregation does not require any procedural safeguards because inmates retain only the most basic liberty interests. Hewitt v. Helms, 459 U.S. 460, 467 (1983). Because we conclude that West was held in administrative and not disciplinary segregation, no protected liberty interest was infringed, and we affirm the district court's grant of summary judgment.

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