In Re: Long Term Administrative Segregation of Inmates Designated as Five Percenters,174 F.3d 464 (4th Cir. 1999) is a published April 1999 opinion from the Fourth Circuit of the United States Court of Appeals.  After a series of violent prison incidents involving involving members of the Five Percent Nation of Islam (the Five Percenters), the South Carolina Department of Corrections (SCDC) classified the Five Percenters as a Security Threat Group (STG).  Acting under its Security Threat Group policy, the SCDC then transferred all Five Percenters to administrative segregation or to maximum custody confinement.

The Five Percenters then brought suit in Federal Distrct Court, raising challenges to this policy under the Free Exercise Clause, the Equal Protection Clause, and the Eighth Amendment of the Constitution.  I served as local counsel for the Southern Center for Human Rights in this lawsuit.  After the district court granted summary judgment to the SCDC, the Five Percenters appealed.

The Fourth Circuit ruled that because the designation of the Five Percenters as an STG was a rational response to a threat to prison safety–a concern the court held was peculiarly within the province of penal authorities–members of the group were allowed to be held in administrative segregation or to maximum custody confinement without an individualized finding of dangerousness.

Put Mr. Forman’s experience, knowledge, and dedication to your service for any of your South Carolina family law needs.

Recent Blog Posts

It’s not easy to repudiate an executed South Carolina domestic relations agreement

Multiple times every year—three times in the past week—I hear from a South Carolina family court litigant who wishes to repudiate an agreement

[ + ] Read More

How South Carolina’s new family court temporary hearing rule changes my temporary hearing preparation

On October 1, 2025, South Carolina began implementing a new version of Rule 21, SCRFC, addressing the procedures for family court temporary hearings. 

[ + ] Read More

What can be addressed in a reconciliation agreement?

I have long thought that reconciliation agreements (also called postnuptial agreements) were of questionable validity. In prenuptial agreements, unmarried parties intend to enter

[ + ] Read More