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MONTANYE V. HAYMES, 427 U. S. 236 (1976)

U.S. Supreme Court

Montanye v. Haymes, 427 U.S. 236 (1976)

Montanye v. Haymes

No. 74-520

Argued April 21, 1976

Decided June 25, 1976

427 U.S. 236


The Due Process Clause of the Fourteenth Amendment held not to require a hearing in connection with the transfer of a state prisoner to another institution in the State whether or not such transfer resulted from the prisoner's misbehavior or was disciplinary or punitive, where, under state law, the prisoner had no right to remain at any particular prison and no justifiable expectation that he would not be transferred unless found guilty of misconduct, and the transfer of prisoners is not conditional upon or limited to the occurrence of misconduct. Meachum v. Fano, ante p. 427 U. S. 215. Pp. 427 U. S. 242-243.

505 F.2d 977, reversed and remanded.

WHITE, J., delivered the opinion of the Court, in which BURGER, C.J., and STEWART, BLACKMUN, POWELL, and REHNQUIST, JJ., joined. STEVENS, J., filed a dissenting opinion in which BRENNAN and MARSHALL, JJ., joined, post, p. 427 U. S. 244.

Page 427 U. S. 237

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