vitek
jones
argued
december
decided
march
appellee
convicted
felon
transferred
state
prison
mental
hospital
pursuant
nebraska
statute
provides
designated
physician
psychologist
finds
prisoner
suffers
mental
disease
defect
given
proper
treatment
prison
director
correctional
services
may
transfer
prisoner
mental
hospital
action
challenging
constitutionality
procedural
due
process
grounds
district
declared
statute
unconstitutional
applied
appellee
holding
transferring
mental
hospital
without
adequate
notice
opportunity
hearing
deprived
liberty
without
due
process
law
contrary
fourteenth
amendment
transfers
must
accompanied
adequate
notice
adversary
hearing
independent
decisionmaker
written
statement
factfinder
evidence
relied
reasons
decision
availability
appointed
counsel
indigent
prisoners
permanently
enjoined
state
transferring
appellee
meanwhile
transferred
back
prison
mental
hospital
without
following
prescribed
procedures
subsequently
appellee
paroled
condition
accept
mental
treatment
violated
parole
returned
prison
relying
appellee
history
mental
illness
state
representation
serious
threat
others
safety
district
held
parole
revocation
thereof
render
case
moot
appellee
still
subject
transferred
mental
hospital
held
judgment
affirmed
modified
pp
affirmed
modified
justice
white
delivered
opinion
respect
parts
ii
iii
concluding
district
properly
found
case
moot
reality
controversy
appellee
state
lessened
cancellation
parole
return
prison
protected
transfer
district
judgment
injunction
circumstances
absolutely
clear
absent
injunction
state
alleged
wrongful
behavior
reasonably
expected
recur
pp
involuntary
transfer
appellee
mental
hospital
implicates
liberty
interest
protected
due
process
clause
fourteenth
amendment
pp
district
properly
identified
liberty
interest
rooted
prisoner
reasonably
expect
transferred
mental
hospital
without
finding
suffering
mental
illness
secure
adequate
treatment
prison
state
reliance
opinion
designated
physician
psychologist
determining
whether
conditions
warranting
transfer
exist
neither
removes
prisoner
interest
due
process
protection
answers
question
process
due
constitution
pp
district
also
correct
holding
independently
transfer
prisoner
prison
mental
hospital
must
accompanied
appropriate
procedural
protections
involuntary
commitment
mental
hospital
within
range
conditions
confinement
prison
sentence
subjects
individual
conviction
sentence
extinguish
individual
right
freedom
confinement
term
sentence
authorize
state
classify
mentally
ill
subject
involuntary
psychiatric
treatment
without
affording
additional
due
process
protections
stigmatizing
consequences
transfer
mental
hospital
involuntary
psychiatric
treatment
coupled
subjection
prisoner
mandatory
behavior
modification
treatment
mental
illness
constitute
kind
deprivations
liberty
requires
procedural
protections
pp
district
properly
identified
weighed
relevant
factors
arriving
judgment
pp
although
state
interest
segregating
treating
mentally
ill
patients
strong
prisoner
interest
arbitrarily
classified
mentally
ill
subjected
unwelcome
treatment
also
powerful
risk
error
making
determinations
required
substantial
enough
warrant
appropriate
procedural
safeguards
error
medical
nature
inquiry
whether
transfer
prisoner
mental
hospital
justify
dispensing
due
process
requirements
prisoners
facing
involuntary
transfer
mental
hospital
threatened
immediate
deprivation
liberty
interests
risk
mistaken
transfer
district
properly
determined
certain
procedural
protections
including
notice
adversary
hearing
appropriate
circumstances
present
case
pp
justice
white
joined
justice
brennan
justice
marshall
justice
stevens
concluded
part
appropriate
counsel
provided
indigent
prisoners
state
seeks
treat
mentally
ill
prisoner
even
greater
need
legal
assistance
prisoner
illiterate
uneducated
likely
unable
understand
exercise
rights
pp
justice
powell
concluded
although
state
free
appoint
licensed
attorney
represent
prisoner
threatened
involuntary
transfer
mental
hospital
constitutionally
required
due
process
satisfied
long
prisoner
provided
qualified
independent
assistance
pp
melvin
kent
kammerlohr
assistant
attorney
general
nebraska
argued
cause
appellants
brief
paul
douglas
attorney
general
thomas
wurtz
appointment
argued
cause
filed
brief
appellee
justice
white
delivered
opinion
except
part
question
case
whether
due
process
clause
fourteenth
amendment
entitles
prisoner
convicted
incarcerated
state
nebraska
certain
procedural
protections
including
notice
adversary
hearing
provision
counsel
transferred
involuntarily
state
mental
hospital
treatment
mental
disease
defect
nebraska
rev
stat
authorizes
director
correctional
services
designate
available
suitable
appropriate
residence
facility
institution
place
confinement
state
prisoner
transfer
prisoner
one
place
confinement
another
section
however
provides
designated
physician
psychologist
finds
prisoner
suffers
mental
disease
defect
given
proper
treatment
facility
director
may
transfer
examination
study
treatment
another
institution
within
without
department
correctional
services
prisoner
transferred
mental
hospital
returned
department
prior
expiration
sentence
treatment
longer
necessary
upon
expiration
sentence
state
desires
retain
prisoner
mental
hospital
civil
commitment
proceedings
must
promptly
commenced
may
jones
convicted
robbery
sentenced
term
three
nine
years
state
prison
transferred
penitentiary
hospital
january
two
days
later
placed
solitary
confinement
set
mattress
fire
burning
severely
treated
burn
unit
private
hospital
upon
release
based
findings
required
suffering
mental
illness
defect
receive
proper
treatment
penal
complex
transferred
security
unit
lincoln
regional
center
state
mental
hospital
jurisdiction
department
public
institutions
jones
intervened
case
brought
prisoners
appropriate
state
officials
state
challenging
procedural
due
process
grounds
adequacy
procedures
nebraska
statutes
permit
transfers
prison
complex
mental
hospital
august
district
convened
pursuant
ed
denied
state
motion
summary
judgment
trial
ensued
september
district
declared
unconstitutional
applied
jones
holding
transferring
jones
mental
hospital
without
adequate
notice
opportunity
hearing
deprived
liberty
without
due
process
law
contrary
fourteenth
amendment
transfers
must
accompanied
adequate
notice
adversary
hearing
independent
decisionmaker
written
statement
factfinder
evidence
relied
reasons
decision
availability
appointed
counsel
indigent
prisoners
miller
vitek
supp
neb
counsel
requested
suggest
appropriate
relief
response
request
jones
revealed
may
prior
district
decision
transferred
lincoln
regional
center
psychiatric
ward
penal
complex
prayed
injunction
transfer
lincoln
regional
center
state
conceded
injunction
enter
district
firm
belief
section
unconstitutional
district
entered
judgment
declaring
unconstitutional
applied
jones
permanently
enjoining
state
transferring
jones
lincoln
regional
center
without
following
procedures
prescribed
judgment
noted
probable
jurisdiction
meanwhile
jones
paroled
condition
accept
psychiatric
treatment
veterans
administration
hospital
vacated
judgment
district
remanded
case
consideration
question
mootness
vitek
jones
state
jones
juncture
insisted
case
moot
state
represented
jones
history
mental
illness
indicates
serious
threat
safety
well
others
real
expectation
transferred
injunction
removed
app
juris
statement
jones
insisted
receiving
treatment
mental
illness
continuing
suffer
stigmatizing
consequences
previous
determination
mentally
representations
district
found
case
moot
jones
subject
fact
threat
transferred
state
mental
hospital
ibid
district
reinstated
original
judgment
postponed
consideration
jurisdiction
hearing
merits
meanwhile
jones
violated
parole
parole
revoked
reincarcerated
penal
complex
ii
agree
parties
case
live
controversy
exists
case
moot
jones
declared
mentally
ill
pursuant
transferred
mental
hospital
treated
later
paroled
condition
accept
mental
treatment
violated
parole
returned
penal
complex
remand
consider
mootness
district
relying
jones
history
mental
illness
state
representation
represented
serious
threat
safety
well
others
found
jones
fact
threat
transferred
state
mental
hospital
see
reason
disagree
district
assessment
time
reality
controversy
jones
state
lessened
cancellation
parole
return
state
prison
protected
transfer
outstanding
judgment
injunction
district
state
believing
case
moot
wants
injunction
removed
reversal
district
judgment
jones
hand
insists
judgment
district
sustained
protection
transfer
mental
hospital
except
accordance
specified
procedures
retained
background
absolutely
clear
absent
injunction
allegedly
wrongful
behavior
reasonably
expected
recur
phosphate
export
county
los
angeles
davis
grant
furthermore
matter
stands
determination
jones
suffered
mental
illness
declared
infirm
district
vacating
district
judgment
moot
vacate
injunction
transfer
also
declaration
procedures
employed
state
afforded
inadequate
basis
declaring
jones
mentally
ill
posture
case
moot
iii
merits
threshold
question
case
whether
involuntary
transfer
nebraska
state
prisoner
mental
hospital
implicates
liberty
interest
protected
due
process
clause
district
held
offered
two
related
reasons
conclusion
district
first
identified
liberty
interest
rooted
prisoner
reasonably
expect
transferred
mental
hospital
without
finding
suffering
mental
illness
secure
adequate
treatment
correctional
facility
second
district
convinced
characterizing
jones
mentally
ill
patient
transferring
lincoln
regional
center
stigmatizing
consequences
together
mandatory
behavior
modification
treatment
jones
subject
lincoln
center
constituted
major
change
conditions
confinement
amounting
grievous
loss
imposed
without
opportunity
notice
adequate
hearing
agree
district
respects
repeatedly
held
state
statutes
may
create
liberty
interests
entitled
procedural
protections
due
process
clause
fourteenth
amendment
constitutional
inherent
right
parole
greenholtz
nebraska
penal
inmates
state
grants
prisoner
conditional
liberty
properly
dependent
observance
special
parole
restrictions
due
process
protections
attach
decision
revoke
parole
morrissey
brewer
true
revocation
probation
gagnon
scarpelli
wolff
mcdonnell
held
right
credits
forfeited
serious
misbehavior
constituted
liberty
interest
protected
due
process
clause
also
noted
reasoning
justify
extension
due
process
protections
decision
impose
solitary
confinement
represents
major
change
conditions
confinement
normally
imposed
claimed
proved
major
act
misconduct
state
granted
prisoners
liberty
interest
held
due
process
protections
necessary
insure
right
arbitrarily
abrogated
meachum
fano
montanye
haymes
held
transfer
prisoner
one
prison
another
infringe
protected
liberty
interest
cases
transfers
discretionary
prison
authorities
neither
case
prisoner
possess
right
justifiable
expectation
transferred
except
misbehavior
upon
occurrence
specified
events
hence
predicate
invoking
protection
fourteenth
amendment
construed
applied
wolff
mcdonnell
totally
nonexistent
meachum
fano
supra
following
meachum
fano
montanye
haymes
continued
recognize
state
statutes
may
grant
prisoners
liberty
interests
invoke
due
process
protections
prisoners
transferred
solitary
confinement
disciplinary
administrative
reasons
enomoto
wright
summarily
supp
nd
cal
similarly
greenholtz
nebraska
penal
inmates
supra
held
state
law
granted
petitioners
sufficient
expectancy
parole
entitle
measure
constitutional
protection
respect
parole
decisions
think
district
properly
understood
applied
decisions
section
provides
designated
physician
finds
prisoner
suffers
mental
disease
defect
given
proper
treatment
prison
director
correctional
services
may
transfer
prisoner
mental
hospital
district
also
found
practice
prisoners
transferred
mental
hospital
determined
suffer
mental
disease
defect
adequately
treated
within
penal
complex
objective
expectation
firmly
fixed
state
law
official
penal
complex
practice
prisoner
transferred
unless
suffered
mental
disease
defect
adequately
treated
prison
gave
jones
liberty
interest
entitled
benefits
appropriate
procedures
connection
determining
conditions
warranted
transfer
mental
hospital
cases
conclusion
district
unexceptionable
appellants
maintain
liberty
interest
jones
completely
satisfied
physician
psychologist
designated
director
made
findings
required
jones
entitled
procedural
protections
state
grants
prisoner
right
expectation
adverse
action
taken
except
upon
occurrence
specified
behavior
determination
whether
behavior
occurred
becomes
critical
minimum
requirements
procedural
due
process
appropriate
circumstances
must
observed
wolff
mcdonnell
minimum
requirements
matter
federal
law
diminished
fact
state
may
specified
procedures
may
deem
adequate
determining
preconditions
adverse
official
action
morrissey
gagnon
wolff
adopted
procedures
determining
whether
conditions
warranting
revocation
parole
probation
credits
occurred
yet
held
procedures
constitutionally
inadequate
like
manner
nebraska
reliance
opinion
designated
physician
psychologist
determining
whether
conditions
warranting
transfer
exist
neither
removes
prisoner
interest
due
process
protection
answers
question
process
due
constitution
district
also
correct
holding
independently
transfer
prisoner
prison
mental
hospital
must
accompanied
appropriate
procedural
protections
issue
whether
conviction
robbery
jones
retained
residuum
liberty
infringed
transfer
mental
hospital
without
complying
minimum
requirements
due
process
recognized
ordinary
citizen
commitment
mental
hospital
produces
massive
curtailment
liberty
humphrey
cady
consequence
requires
due
process
protection
addington
texas
donaldson
burger
concurring
loss
liberty
produced
involuntary
commitment
loss
freedom
confinement
indisputable
commitment
mental
hospital
engender
adverse
social
consequences
individual
hether
label
phenomena
stigma
choose
call
something
else
recognize
occur
significant
impact
individual
addington
texas
supra
see
also
parham
also
mong
historic
liberties
protected
due
process
clause
right
free
obtain
judicial
relief
unjustified
intrusions
personal
security
ingraham
wright
compelled
treatment
form
mandatory
behavior
modification
programs
district
found
jones
exposed
case
proper
factor
weighed
district
cf
addington
texas
supra
district
findings
sensitive
concerns
fact
greater
limitations
freedom
action
lincoln
regional
center
fact
transfer
lincoln
regional
center
stigmatizing
consequences
fact
additional
mandatory
behavior
modification
systems
used
lincoln
regional
center
combine
make
transfer
major
change
conditions
confinement
amounting
grievous
loss
inmate
miller
vitek
undoubtedly
valid
criminal
conviction
prison
sentence
extinguish
defendant
right
freedom
confinement
greenholtz
nebraska
penal
inmates
conviction
sentence
sufficiently
extinguish
defendant
liberty
empower
state
confine
prisons
meachum
fano
emphasis
deleted
also
true
changes
conditions
confinement
substantial
adverse
impact
prisoner
alone
sufficient
invoke
protections
due
process
clause
long
conditions
degree
confinement
prisoner
subjected
within
sentence
imposed
upon
montanye
haymes
appellants
maintain
transfer
prisoner
mental
hospital
within
range
confinement
justified
imposition
prison
sentence
least
certification
qualified
person
prisoner
suffers
mental
disease
defect
agree
none
decisions
holds
conviction
crime
entitles
state
confine
convicted
person
also
determine
mental
illness
subject
involuntarily
institutional
care
mental
hospital
consequences
visited
prisoner
qualitatively
different
punishment
characteristically
suffered
person
convicted
crime
cases
recognize
much
reflect
understanding
involuntary
commitment
mental
hospital
within
range
conditions
confinement
prison
sentence
subjects
individual
baxstrom
herold
specht
patterson
humphrey
cady
jackson
indiana
criminal
conviction
sentence
imprisonment
extinguish
individual
right
freedom
confinement
term
sentence
authorize
state
classify
mentally
ill
subject
involuntary
psychiatric
treatment
without
affording
additional
due
process
protections
light
findings
made
district
jones
involuntary
transfer
lincoln
regional
center
pursuant
purpose
psychiatric
treatment
implicated
liberty
interest
protected
due
process
clause
many
restrictions
prisoner
freedom
action
lincoln
regional
center
might
constitute
deprivation
liberty
interest
retained
prisoner
see
wolff
mcdonnell
cf
baxter
palmigiano
stigmatizing
consequences
transfer
mental
hospital
involuntary
psychiatric
treatment
coupled
subjection
prisoner
mandatory
behavior
modification
treatment
mental
illness
constitute
kind
deprivations
liberty
requires
procedural
protections
iv
district
held
afford
sufficient
protection
liberty
interest
identified
state
required
observe
following
minimum
procedures
transferring
prisoner
mental
hospital
written
notice
prisoner
transfer
mental
hospital
considered
hearing
sufficiently
notice
permit
prisoner
prepare
disclosure
prisoner
made
evidence
relied
upon
transfer
opportunity
heard
person
present
documentary
evidence
given
opportunity
hearing
present
testimony
witnesses
defense
confront
witnesses
called
state
except
upon
finding
arbitrarily
made
good
cause
permitting
presentation
confrontation
independent
decisionmaker
written
statement
factfinder
evidence
relied
reasons
transferring
inmate
availability
legal
counsel
furnished
state
inmate
financially
unable
furnish
effective
timely
notice
foregoing
rights
think
district
properly
identified
weighed
relevant
factors
arriving
judgment
concededly
interest
state
segregating
treating
mentally
ill
patients
strong
interest
prisoner
arbitrarily
classified
mentally
ill
subjected
unwelcome
treatment
also
powerful
however
district
found
risk
error
making
determinations
required
substantial
enough
warrant
appropriate
procedural
safeguards
error
recognize
inquiry
involved
determining
whether
transfer
inmate
mental
hospital
treatment
involves
question
essentially
medical
question
whether
individual
mentally
ill
treated
prison
turns
meaning
facts
must
interpreted
expert
psychiatrists
psychologists
addington
texas
medical
nature
inquiry
however
justify
dispensing
due
process
requirements
precisely
subtleties
nuances
psychiatric
diagnoses
justify
requirement
adversary
hearings
prisoners
facing
involuntary
transfer
mental
hospital
threatened
immediate
deprivation
liberty
interests
currently
enjoying
inherent
risk
mistaken
transfer
district
properly
determined
procedures
similar
required
morrissey
brewer
appropriate
circumstances
present
notice
requirement
imposed
district
recognizes
notice
essential
afford
prisoner
opportunity
challenge
contemplated
action
understand
nature
happening
wolff
mcdonnell
supra
furthermore
view
nature
determinations
must
accompany
transfer
mental
hospital
think
elements
hearing
specified
district
appropriate
interests
state
avoiding
disruption
recognized
limiting
appropriate
circumstances
prisoner
right
call
witnesses
confront
cross
examine
district
also
avoided
unnecessary
intrusion
either
medical
correctional
judgments
providing
independent
decisionmaker
conducting
transfer
hearing
need
come
outside
prison
hospital
administration
justice
powell
believing
jones
entitled
competent
help
hearing
require
state
furnish
licensed
attorney
aid
judgment
affirmed
modified
conform
separate
opinion
filed
justice
powell
ordered
footnotes
physician
designated
director
correctional
services
finds
person
committed
department
suffers
physical
disease
defect
physician
psychologist
designated
director
finds
person
committed
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mental
disease
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chief
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person
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physician
psychologist
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person
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director
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study
treatment
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another
institution
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public
institutions
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treatment
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person
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shall
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department
correctional
services
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department
prior
expiration
sentence
treatment
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two
psychiatrists
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director
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person
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discharged
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mental
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nature
release
discharge
endanger
public
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director
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transfer
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permit
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public
institutions
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promptly
commence
proceedings
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civil
commitment
detention
persons
suffering
disease
defect
initially
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case
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action
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sole
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