WESTEFER v. SNYDER
725 F.Supp.2d 735 (2010)
United States District Court, S.D. Illinois.
July 20, 2010.
Doc. 417 (Burrell Testimony) at 42-43. The Court has chosen to highlight the testimony of Bivens, Knox, and Burrell because their experiences seem to be representative of the experiences of inmates transferred to Tamms in administrative detention; in fact, Defendants stipulated that the transfer review hearings about which Bivens, Knox, and Burrell testified were typical of such hearings for inmates assigned to Tamms in administrative detention except "to the extent that some of them said they didn't get a chance to speak." Id. (Day 1 Trial Transcript) at 44. Also, the Court has no reason not to credit the testimony of Bivens, Knox, and Burrell that they were not permitted to defend themselves at their transfer review hearings and this testimony is corroborated, as already has been discussed, by the testimony of the IDOC's Rule 30(b)(6) designee Ruane Tanner that before 2005 inmates were not informed at transfer review hearings of their right to make statements, procure the testimony of witnesses, and present evidence.
What emerges from the record is that existing transfer review procedures are not adequate to protect the liberty interest of IDOC inmates in avoiding placement at Tamms. Inmates are not given advance notice of their transfer review hearing or the reason for their placement at Tamms. They are not advised of their right to make statements, present documents, and procure the testimony of witnesses at their transfer review hearing. They are not
furnished with copies of the documents relied upon by prison administrators in placing them at Tamms or a statement of reasons for their placement at Tamms following a transfer review hearing. The lack of notice means that inmates are effectively put in the position of having to defend themselves against charges the nature of which they do not know.
For example, Plaintiff Sorrentino testified that at his first transfer review hearing at Tamms not only did the committee conducting the hearing ask him why he thought he had been sent to Tamms but the committee never actually told him the reason that he had been assigned to the supermax prison:
Q. Once you arrived at Tamms, tell us about this, as the Judge puts it, postdeprivation hearing that you received?
A. About 14 days after I arrived at Tamms they brought me out for a hearing.
Q. And did they give you any type of advanced notice of this hearing?