| In dismissing the application, Creaghan J. asserted that the law is clear that a remedy lies only in case of serious injustice and a court will use judicial restraint in exercising its power of judicial review in such cases. Creaghan J. held that the evidence showed that the administrative head of the prison believed, and had reason to believe, that the inmate had been involved in the murder of another inmate at the institution two days prior to the administrative decision to segregate him. The basis of that belief had been communicated to C and the Court could find no reason to find that the administrative head did not proceed with fairness in the circumstances. The application as to the transfer was premature in that the decision to transfer C to a SHU elsewhere had not yet been made by the Commissioner of Corrections. |
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