The applicant, an inmate, sought an order for habeas corpus to challenge his administrative segregation at Millhaven Institution and his impending involuntary transfer to Atlantic Institution.
He argued that his initial segregation was unlawful and that the subsequent transfer decision, based on the same facts, was also illegal, constituting a deprivation of liberty and breaching the Corrections and Conditional Release Act.
The respondent contended that the court lacked habeas corpus jurisdiction because the applicant's segregation had become voluntary pending the court's decision, and a lateral transfer between maximum security institutions does not amount to a deprivation of liberty.
The court dismissed the application, finding that the applicant's current segregation was voluntary, thus not engaging habeas corpus jurisdiction, and that a lateral transfer between maximum security institutions does not constitute a deprivation of liberty.
