Estate of Miki Ann DiMarco v. Wyoming Department of Corrections, Division of Prisons, et al.
United States Court of Appeals for the Tenth Circuit
473 F.3d 1334 (2007)
- Written by Haley Gintis, JD
Facts
In 2000 Miki Ann DiMarco (plaintiff) was incarcerated in a women’s prison run by the Wyoming Department of Corrections, Division of Prisons (the department) (defendant). Because DiMarco was anatomically a male, the department segregated her from the general prison population for her own safety and the safety of the female prisoners. The department forbade DiMarco from interacting with other prisoners, besides attending group-counseling therapy sessions. The department provided DiMarco with adequate food, water, and clothing, but did not allow DiMarco access to its recreational programs. The department reviewed the segregation decision every 90 days. The department allowed DiMarco to attend these reevaluations and voice any objections. However, despite DiMarco’s objections, the department did not modify her placement. Although DiMarco’s was given a two- to four-year sentence, she was released after serving 14 months. DiMarco filed an action in federal district court against the department on the ground that the department had violated her liberty interest rooted in the Due Process Clause of the Fourteenth Amendment to the United States Constitution. The district court found that DiMarco had a liberty interest in her confinement and that she had been denied procedural due process. The matter was appealed.
Rule of Law
Issue
Holding and Reasoning (Tymkovich, J.)
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