Overturf v. Massie.

U.S. Appeals Court

OTHER STATE

PRIVATE FACILITY

Overturf v. Massie, 385 F.3d 1276 (10th Cir. 2004). State prison inmates who had been transferred from Hawaii to a privately owned correctional facility in another state sought federal habeas relief, alleging they should have been transferred when the private facility was purchased by the state. The district court dismissed the action, finding that inmates have no protected liberty interest in the location of their confinement. The court also held that the transferor state did not lose jurisdiction over the inmates, and that the original transfer did not constitute "banishment" in violation of the Eighth Amendment. (Dominion Correction Services, Oklahoma)