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IN RE LONG TERM ADMINISTRATIVE SEGREGRATION

No. 98-7337.

174 F.3d 464 (1999)

In re LONG TERM ADMINISTRATIVE SEGREGATION OF INMATES DESIGNATED AS FIVE PERCENTERS. Alexander Mickle, Donnathian Grant, Ameed Stevenson, Shaleek Azeem, Antonio Roach, Fountain Wise Allah, Von Huggins, James Hughes, Lord Musa God Allah, Equality King Supreme Allah, Wayne Hemingway, Kironda Haynes, James Zimmerman, Prince Hughes, Milton Dozier, Gregory Moment, Clarence Carter, Raheem Malik Shabazz, Tejie White, Grover Lumpkin, Booker Williams, Wayne Samuels, Charvell Douglas, Elijah Smith, Quinta Parker, Tony Addison, Maurice Jacques, Leroy Smalls, Edward Washington, Larry Nelson, Derrick Dunbar, Ralph Davis, Brittie Cooke, Leroy Brice, Jermaine Dillard, Lord Shameal Allah, James Harrington, Tyrone Mitchell, Albert Jones, David Cross, Maurice Edwards, John Frazier, Plaintiffs-Appellants, v. Michael Moore, Commissioner; William Catoe, Deputy Director for Operations, South Carolina Department of Corrections; Kenneth D. McKellar, Director of Security, South Carolina Department of Corrections in their official and individual capacities, Defendants-Appellees, and SCDC, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided April 21, 1999.

Attorney(s) appearing for the Case

ARGUED: Robert Earl Toone, Jr., Southern Center for Human Rights, Atlanta, Georgia, for Appellants. Andrew Frederick Lindemann, Davidson, Morrison & Lindemann, P.A., Columbia, South Carolina, for Appellees. ON BRIEF: Katharine A. Huffman, Southern Center for Human Rights, Atlanta, Georgia; Gregory S. Forman, Charleston, South Carolina; C. Andre Brumme, III, ACLU of South Carolina, Columbia, South Carolina, for Appellants. David L. Morrison, Davidson, Morrison & Lindemann, P.A., Columbia, South Carolina; David C. Eckstrom, Nexsen, Pruet, Jacobs & Pollard, L.L.P., Columbia, South Carolina; Vinton D. Lide, Lide, Montgomery & Potts, P.C., Columbia, South Carolina, for Appellees.

Before WILKINSON, Chief Judge, KING, Circuit Judge, and LEE, United States District Judge for the Eastern District of Virginia, sitting by designation.

Affirmed by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge KING and Judge LEE joined.

OPINION

WILKINSON, Chief Judge:

After a series of violent prison incidents involving members of the Five Percent Nation of Islam (the Five Percenters), the South Carolina Department of Corrections (SCDC) classified the Five Percenters as a Security Threat Group (STG). Acting under its Security Threat Group policy, the SCDC then transferred...

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