No Due Process for Prison Designation as Sex Offender
Author: Fred Cohen.
Source: Volume 17, Number 01, May/June 2015 , pp.15-15(1)
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Abstract:
A Texas inmate challenges his classification by the Texas Dept. of Criminal Justice (TDCJ) as a sex offender claiming deprivation of certain programs and opportunities coupled with the stigma of the label accumulate to create a protected liberty interest. Toney was not convicted of a sex offense; he did not admit to the commission of any such offense, and his offense of conviction (burglary) is devoid of any sexual overtones yet from 2004 to 2012, Toney was identified internally as a sex offender.Keywords: Toney v. Owen , 779 F.3d 330; Sandin v. Conner , 515 U.S. 472; Vitek v. Jones , 445 U.S. 480; liberty interest
Affiliations:
1: Executive Editor.