The following excerpt is from Gary H. v. Hegstrom, 831 F.2d 1430 (9th Cir. 1987):
Under a due process analysis, a state interest is insufficient to justify the imposition of certain conditions or regulations when a protected liberty interest exists if the "officials' belief as to the need for the regulation is unreasonable, or [if] the officials have exaggerated their response to an otherwise legitimate penological objective." Hill v. Blackwell, 774 F.2d 338, 343 (8th Cir.1985). A district court has a constitutional obligation to conduct this inquiry. The defendants' suggestion that the courts "defer to professional judgment" negates this essential duty.
In determining whether a response is excessive, a court must weigh the infringement resulting from the response on the individual's liberty against the state's interest. The greater the infringement, the greater the state's interest must be to uphold the infringement. See, e.g., Hutto v. Finney, 437 U.S. 678, 686, 98 S.Ct. 2565, 2571, 57 L.Ed.2d 522 (1978) (courts must consider duration of confinement in deciding
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