Irby v. MacHt

I agree with the majority opinion insofar as it holds that the petitioner has a constitutionally protected liberty interest in remaining in the general prison population, as well as in retention of his earned good-time credits. I dissent from the majority opinion because I conclude that the petitioner's claim that he was deprived of liberty without due process of law is cognizable under 42 U.S.C. sec. 1983.

As the majority opinion explains, not all deprivations of liberty violate the Fourteenth Amendment to the federal Constitution. A claim under sec. 1983 requires an allegation that state…