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McCollum v. Miller

UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT


March 22, 1983

GERALD MCCOLLUM, CLIFTON C. PIGGIE-BEY, HARRY L. GREENE-EL, AND REYNALDO RAMIREZ-RODRIGUEZ, PETITIONERS-APPELLANTS,
v.
HAROLD MILLER, WARDEN, RESPONDENT-APPELLEE.

Appeals from the United States District Court for the Southern District of Illinois, Benton Division. Nos. 81 C 4157, 81 C 4208, 81 C 4172, 81 C 4237 Kenneth J. Meyers, Magistrate

Before

Hon. RICHARD D. CUDAHY, Circuit Judge

Hon. PAUL C. WEICK, Senior Circuit Judge*fn*

Hon. RICHARD A. POSNER, Circuit Judge

Order

The petition for rehearing with suggestion for rehearing en banc is denied, no member of the original panel having voted for rehearing and no active member of the court in regular service having requested a vote on the suggestion for rehearing en banc. The government's motion for clarification of the panel opinion is also denied; the issue on which clarification is sought is one properly for Chief Judge Foreman to consider on remand. Finally, the panel has decided to amend its opinion in order to take account of the Supreme Court's decision in Hewitt v. Helms, 51 U.S.L.W. 4124 (Feb. 22, 1983), which was handed down after the panel opinion issued. Accordingly, the last sentence of the opinion (beginning "If so," on page 9 of the slip opinion) is changed to read as follows:

If so, Chief Judge Foreman will proceed to the merits of those cases. In deciding the threshold merits question of whether confinement to disciplinary segregation is a deprivation of "liberty" within the meaning of the due process clause of the Fifth Amendment, Chief Judge Foreman will want to consider the possible bearing of the Supreme Court's recent decision in Hewitt v. Helms, 51 U.S.L.W. 4124 (Feb. 22, 1983).


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