Influx Of High-Security Inmates Does Not Violate Due Process Rights Of Corrections Officers

Albert Basso was a corrections officer with the Michigan Department of Corrections. Basso was injured in a prison riot at the Ojibway Correctional Facility in April 2006. The year before, the State decided to allow the Facility to accept a higher security level of inmates than it was originally equipped to handle.

Basso sued the State, alleging in part that the influx of higher-security inmates violated his procedural due process rights. A federal court rejected Basso’s lawsuit.

The Court found that Basso’s “procedural due process claim fails because, accepting all of the facts in the complaint as true, he has not alleged the deprivation of an interest that is protected under the Due Process Clause of the Fourteenth Amendment. The conditions of Basso’s workplace are not property interests protected by the Due Process Clause of the Fourteenth Amendment. Disputes over overtime, over work assignments, over lunch and coffee breaks do not implicate the great objects of the Fourteenth Amendment.”

Basso v. Michigan Dept. of Corrections, 2010 WL 1757924 (W.D. Mich. 2010).

This article appears in the June 2010 issue