Fourteenth Amendment
If treatment involves detrimental change in liberty interest, must have procedural protections
Administrative hearing or Evidentiary hearing
Need not be before judge, can be admin. panel
Notes:
- If treatment of an inmate involves a “detrimental change” in an inmate’s liberty interest, the 14th Amendment requires that there be some procedural protections in place.
- This procedural right is usually implicated when the prison system is seeking to do something to an inmate against his/her will (I.e forced administration of psychotropic drugs, change in security level etc.)
- Amendment requires either an administrative hearing or some form of evidentiary hearing
- However, a hearing need not be before an actual judge…can be before an administrative panel.