Brown v. State

Citation592 So.2d 621
CourtSupreme Court of Alabama
Decision Date22 March 1991
PartiesEx parte State of Alabama. (Re Leroy BROWN v. STATE). 1900094.

Don Siegelman, Atty. Gen., and Norbert H. Williams, Asst. Atty. Gen., for the State.

Leroy Brown, pro se.

MADDOX, Justice.

This case presents the issue of whether due process requires that prison officials tape record disciplinary proceedings that result in a prisoner's loss of "good-time" credit.

Leroy Brown, an inmate at Easterling Correctional Center, filed a petition for a writ of habeas corpus to challenge the Alabama Department of Corrections Disciplinary Committee's decision to deprive him of 12 months' good time 1 for an alleged escape from a Montgomery work release facility. The circuit court granted the State's motion to dismiss Brown's habeas corpus petition. Brown appealed the dismissal of his petition to the Court of Criminal Appeals, which reversed the judgment and remanded the cause to the circuit court for a determination of whether the prison officials denied Brown due process because there was no evidence that Brown's prison disciplinary hearing was tape recorded, as required by Rule 403, IV. 2, Alabama Department of Corrections Administrative Regulations. We granted the State's petition for writ of certiorari.

In reversing and remanding, the Court of Criminal Appeals stated:

"The failure of prison officials to follow a state regulation in the taking of good time states a claim for the denial of due process. Rule 403, V.1.C., Alabama Department of Corrections Administrative Regulations.

"The spaces on Brown's disciplinary report for the recordation of the tape number and the starting and ending locations on the tape are noticeably blank.... [T]he contention that prison officials failed to follow state procedures in taking good time was before the circuit court in Brown's brief in support of his summary judgment motion. The circuit court, moreover, based its ruling dismissing Brown's petition upon a review of not only the petition, but also all pleadings and attachments thereto.

"It was, therefore, error for the circuit court to dismiss Brown's petition and to tax Brown with the costs of appeal without affording Brown an evidentiary hearing to determine whether Brown's disciplinary hearing complied with Rule 403, Alabama Department of Corrections Administrative Regulations. This case is remanded to the circuit court for the sole purpose of taking testimony to ascertain whether Brown's disciplinary hearing was tape recorded in compliance with Rule 403."

Brown v. State, 592 So.2d 618 (Ala.Crim.App.1990).

The State argued as follows:

"A review of the Alabama Department of Corrections Administrative Regulations and applicable case law reveals that the Court of Criminal Appeals erred in reversing and remanding the cause. The reason is threefold: (1) the Rule 403, IV. 2., Alabama Department of Corrections Administrative Regulations, requirement that non-guilty plea proceedings be tape recorded was abolished prior to the defendant's arrest and disciplinary hearing; (2) the violation of a departmental regulation does not a fortiori rise to a Constitutional violation; and (3) Wolff v. McDonnell, 418 U.S. 539, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974), the case wherein the United States Supreme Court set forth the due process requirements for prison disciplinaries, does not require the taping of disciplinary actions."

From our examination of the State's petition for the writ certiorari, we cannot tell whether the argument now made in this Court was made to the Court of Criminal Appeals and we cannot tell whether, in fact, disciplinary proceedings were required to be tape recorded. We have examined the record for a better understanding of the facts, however, and we conclude that the trial court did not err in dismissing the original habeas corpus petition.

Even assuming that the taping requirement was in effect when the disciplinary hearing was conducted, the Court of Criminal Appeals' decision would be erroneous. The Department of Corrections was not required by the Constitution or by statute to tape record the disciplinary procedures in order to comply with due process requirements.

It is well settled that a violation of an administrative regulation is not tantamount to a constitutional violation unless the regulation is mandated to protect a constitutional right. United States v. Caceres, 440 U.S. 741, 99 S.Ct. 1465, 59 L.Ed.2d 733 (1979). Particularly where the internal regulations merely facilitate the administrative internal agency policies and are not necessary to afford significant procedural protections, we do not insist on strict compliance. See Caceres.

Moreover, the taping of disciplinary proceedings is not required in order to comply with due process requirements. Wolff v....

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10 cases
  • Byers v. State
    • United States
    • Alabama Court of Criminal Appeals
    • 31 Enero 2003
    ...and a written statement of the evidence relied on and the reasons for the decision of the disciplinary body. See Brown v. State, 592 So.2d 621, 623 (Ala.1991); and Zamudio v. State, 615 So.2d 156, 157 (Ala. Crim.App.1993). In Thompson v. State, 504 So.2d 747, 748 (Ala.Crim.App.1987), this C......
  • Bryant v. Ala. Dep't of Corr..
    • United States
    • Alabama Court of Criminal Appeals
    • 1 Octubre 2010
    ...and a written statement of the evidence relied on and the reasons for the decision of the disciplinary body. See Brown v. State, 592 So.2d 621, 623 (Ala.1991); and Zamudio v. State, 615 So.2d 156, 157 (Ala.Crim.App.1993). In Thompson v. State, 504 So.2d 747, 748 (Ala.Crim.App.1987), this Co......
  • Ex parte Berry
    • United States
    • Supreme Court of Alabama
    • 1 Septiembre 2000
    ...evidence relied on and the reasons for the disciplinary action. See Wolff v. McDonnell, 418 U.S. at 563, 94 S.Ct. 2963; Brown v. State, 592 So.2d 621, 623 (Ala.1991). The record indicates that Berry's reclassification hearing substantially complied with the requirements set out in Wolff v. ......
  • Baskin v. State
    • United States
    • Alabama Court of Criminal Appeals
    • 31 Enero 2003
    ...fact-finders as to the evidence relied on and the reasons for the disciplinary action. 418 U.S. at 563, 94 S.Ct. 2963; Brown v. State, 592 So.2d 621, 623 (Ala.1991); Hearin v. State, 741 So.2d at 1123; Young v. State, 584 So.2d 553, 554 (Ala.Crim.App.1991). Our review of the record indicate......
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