You may be placed in administrative detention status for the following reasons:
(a) Pending Classification or Reclassification. You are a new commitment pending classification or under review for Reclassification.
(b) Holdover Status. You are in holdover status during transfer to a designated institution or other destination.
(c) Removal from general population. Your presence in the general population poses a threat to life, property, self, staff, other inmates, the public, or to the security or orderly running of the institution and:
(1) Investigation. You are under investigation or awaiting a hearing for possibly violating a Bureau regulation or criminal law;
(2) Transfer. You are pending transfer to another institution or location;
(3) Protection cases. You requested, or staff determined you need, administrative detention status for your own protection; or
(4) Post-disciplinary detention. You are ending confinement in disciplinary segregation status, and your return to the general population would threaten the safety, security, and orderly operation of a correctional facility, or public safety.
[75 FR 76273, Dec. 8, 2010; 75 FR 81854, Dec. 29, 2010]
Notes of Decisions
Cited in
18
cases (
4 in the last 5 years), 1992–2025 · leading case:
Awalt v. Whalen, 809 F. Supp. 414 (E.D. Va. 1992).
Awalt v. Whalen, 809 F. Supp. 414 (E.D. Va. 1992).
· cites it 3× “Plaintiff received an initial review by prison officials within three (3) days of the placement pursuant to the provisions of 28 C.F.R. § 541.23 at which time officials felt an imminent threat to plaintiff’s safety existed.”
Hagan v. Tirado, 896 F. Supp. 990 (C.D. Cal. 1995).
“[¶] Even though a prisoner involuntarily held in administrative detention may be entitled under 28 C.F.R. § 541.23 to a hearing on the subject of his continued detention, whether or not the inmate stays in administrative detention remains discretionary with the institutional…”
Petrucelli v. Hasty, 605 F. Supp. 2d 410 (E.D.N.Y 2009).
“28 C.F.R. § 541.23 . Most notably, in Petrucelli’s experience, there is a complete absence of any malicious, degrading, and humiliating treatment that would give to rise to a clear inference of punitive intent on the part of defendants.”
Kendall v. Murray, 340 F. Supp. 3d 61 (D.D.C. 2018).
“See 28 C.F.R. § 541.23 . Plaintiff claims that the first SHU detention was punitive and retaliatory.”
Sebolt v. United States (N.D. Ill. 2018).
· cites it 5× “The United States argues that 28 C.F.R. §541.23 (§541.23) addresses circumstances in which an inmate may be placed in administrative detention status.”
Philip M. Sebolt v. United States (7th Cir. 2019).
· cites it 3× “First, prison officials transferred Sebolt from general population into special housing under 28 C.F.R. § 541.23 (c), a regulation authorized by 18 U.”
Philip M. Sebolt v. United States (7th Cir. 2019).
· cites it 3× “First, prison officials transferred Sebolt from general population into special housing under 28 C.F.R. § 541.23 (c), a regulation authorized by 18 U.”
Philip M. Sebolt v. United States (7th Cir. 2019).
· cites it 3× “First, prison officials transferred Sebolt from general population into special housing under 28 C.F.R. § 541.23 (c), a regulation authorized by 18 U.”
Susinka v. United States (D. Colo. 2023).
· cites it 3× “11; 28 C.F.R. § 541.23 (c)(4); a 2016 Department of Justice Report2).”
Ellis v. Von Blanckensee (D. Ariz. 2022).
“28 C.F.R. § 541.23 (c). Once placed in administrative 21 detention, BOP regulations provide that the inmate will have periodic reviews by an SRO 22 as follows: within 3 work days, the SRO will review the supporting records; within 7 23 continuous calendar days, the SRO will…”
Johnson v. United States (N.D. Ill. 2018).
“28 C.F.R. § 541.23 (emphasis added). Other regulations use similarly permissive language: 28 C.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.