The applicant, an inmate awaiting sentencing for attempted murder and aggravated sexual assault related to HIV transmission, applied for habeas corpus to be removed from administrative segregation and placed in the general prison population with a cellmate.
The applicant argued a denial of procedural fairness and failure to conduct mandated five-day reviews.
The court found that while there was a denial of procedural fairness in how the reviews were documented, the applicant was aware of the reasons for his segregation.
Due to the high risk the applicant posed to other inmates, the court held that administrative segregation was lawful and necessary for safety.
The application was dismissed, but the institution was ordered to continue offering alternative accommodation proposals.