The following excerpt is from Wakinekona v. Olim, 664 F.2d 708 (9th Cir. 1981):
Even where statutes require out-of-state transfers to be accompanied by "all procedural safe-guards ... to insure due process of law," or where statutes authorize certain transfers only when "in ... (the Commissioner's) opinion, the inmate needs particular treatment or special facilities available at ... (the transferee institution), or it is in the best interest of the state," no federal liberty interest has been found. Cofone v. Mason, 594 F.2d 934, 937-38 (2d Cir. 1979). The second circuit there concluded that the grant of transfer authority was too broad to support a justifiable expectation that an inmate would not be transferred without some specified event or findings.
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