March 18, 2026·22-2830·Panel Decision·By Aisha Johnson
The United States Court of Appeals for the Seventh Circuit denied a petition for rehearing en banc regarding prisoner due process rights. The majority upheld a prior ruling that inmates facing transfer to disciplinary segregation are entitled only to informal, non-adversarial due process.
Background
The petitioner, Norberto Torres, challenged the procedural protections afforded during his transfer to disciplinary segregation. He argued that the Seventh Circuit’s application of a lenient standard conflicted with Supreme Court precedent requiring more robust protections for inmates facing punishment.
The court’s reasoning
A majority of judges in regular active service voted to deny the petition for rehearing en banc. The dissent argues that the majority’s decision extends a prior ruling to categorically deny prisoners the right to call witnesses or present documentary evidence when facing disciplinary segregation, contrary to the Supreme Court’s decision in Wolff v. McDonnell.
The dissent
What it means going forward
The denial leaves in place a Seventh Circuit rule that limits due process rights for prisoners facing disciplinary segregation to informal, non-adversarial procedures, diverging from the standards applied in at least six other federal circuits.
