The following excerpt is from Rodriguez v. Phillips, 66 F.3d 470 (2nd Cir. 1995):
To benefit from the procedural protections of the Fourteenth Amendment, one must be deprived of a liberty interest protected by that Amendment. The Due Process Clause itself does not confer on inmates a liberty interest in being confined in the general prison population, rather than the more restrictive administrative segregation. See Hewitt v. Helms, 459 U.S. 460, 466-68, 103 S.Ct. 864, 868-70, 74 L.Ed.2d 675 (1983). This is because of the broad administrative and discretionary authority afforded prison officials and the necessarily narrow range of protected liberty interests retained by those incarcerated. See id. at 467-68, 103 S.Ct. at 869-70.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.