MICHAEL ANTHONY DILWORTH v. CAPTAIN ADAMS; A R. FALES, JR.; LT. L. ROBINSON; LT. R. JOHNSON; OFFICER COOKSON; OFFICER TROTT, and ED MCMAHON, Sheriff; New Hanover County; LT. TRAVIS ROBINSON; SGT. WHITMORE; OFFICER MARINO; MR. WHITE; MR. THOMAS
US Court of Appeals for the Fourth Circuit, Harris, Nov. 7, 2016,
Pre-Trial – A pre-trial detainee must receive a hearing prior to punishment such as segregation
Pretrial detainees may not be placed in disciplinary segregation without due process.
In Bell v. Wolfish the USSC held that pre-trial detainees have a liberty interest in not being punished while detained.
To establish that restriction is “punishment,” a pretrial detainee must show either that it was:
(1) imposed with an expressed intent to punish
OR (2) not reasonably related to a legitimate non-punitive governmental objective
An inmate subject to punishment is required to have a hearing where “an inmate may call witnesses and present documentary evidence unless doing so would present an undue hazard,” 24-hour notice of the hearing, and a written statement describing the reasons for the action following the hearing.
Pending the hearing, detainees may be placed in administrative segregation