Huey v. State, 8 Div. 825

• Decision Date: 24 February 1989
• Docket Number: 8 Div. 825
• Citation: 541 So.2d 590
• Parties: Mark E. HUEY v. STATE.
• Court: Alabama Court of Criminal Appeals

Page 590

541 So.2d 590

Mark E. HUEY v. STATE.

8 Div. 825.

Court of Criminal Appeals of Alabama.

Feb. 24, 1989.

Dan C. Totten of Malone & Totten, Athens, for appellant.

Don Siegelman, Atty. Gen., and P. David Bjurberg, Asst. Atty. Gen., for appellee.

McMILLAN, Judge.

This is an appeal of the denial of the appellant's petition for writ of habeas corpus by the Limestone County Circuit Court.

The appellant, an inmate of the Limestone County Correctional Facility, received a series of eighteen separate prison disciplinaries between March 26, 1981, and November 2, 1983. In March, 1987, the appellant filed the habeas corpus petition sub judice, seeking to set aside these disciplinary actions on the ground that his right to due process had been violated. The State filed a motion for summary judgment, alleging either that the appellant's claims were barred by laches, or that the due process requirements set forth in Wolff v. McDonnell, 418 U.S. 539, 564, 94 S.Ct. 2963, 2978-79, 41 L.Ed.2d 935 (1974), had been satisfied. The trial court dismissed the appellant's petition as being barred by laches, and this appeal followed.

The appellant challenges the constitutionality of four of these disciplinary proceedings: the one of March 26, 1981; the one of August 7, 1981; the one of December 4, 1981; and the one on November 2, 1983. The appellant contends that the findings of the disciplinary report in each of these proceedings fail to contain a sufficient written statement of the evidence relied on by the board, as required by Wolff, supra. The appellant further contends that the trial court erred in dismissing his petition on the theory of laches, inasmuch as the State failed to show that it was actually prejudiced by his delay in filing the instant petition. Because we find that the disciplinary reports for the proceedings held on March 26, 1981, August 7, 1981, and November 2, 1983, do not contain a sufficient written statement of the evidence relied upon by the board and the reasons for the action, pursuant to Wolff, supra, this cause must be reversed.

"The initial inquiry in any prison disciplinary case is whether the deprivation suffered by the inmate amounted to the denial of a 'liberty interest' within the meaning of the due process clause. Meachum v. Fano, 427 U.S. 215, 223-24, 96 S.Ct. 2532, 2537-38, 49 L.Ed.2d 451 (1976)." Summerford v. State, 466 So.2d 182, 183 (Ala.Cr.App.1985). The loss of good time credit constitutes a denial of a liberty interest. Wolff, supra; Summerford, supra.

"One of the minimum requirements of due process in a prison disciplinary proceeding is that there be a written statement by the factfinders as to the evidence relied on and reasons' for the disciplinary action. Wolff v. McDonnell, 418 U.S. at 564, 94 S.Ct. at 2979; Rice v. State, 460 So.2d 254, 256 (Ala.Cr.App.1984). The written statement protects the inmate from possible collateral consequences based on a misunderstanding of the nature of the original proceeding and from arbitrary action by prison officials and enables him to 'propound his own cause' subsequent to the hearing. Wolff v. McDonnell, 418 U.S. at 565, 94 S.Ct. at 2979; Spooner v. State, 451 So.2d 429, 430 (Ala.Cr.App.1984)."

Heidelburg v. State, 522 So.2d 337, 338-39 (Ala.Cr.App.1988).

In the disciplinary proceeding of March 26, 1981, the appellant was charged with the failure to "check out" with his assigned work squad at the sally port gate. Under the heading "Action of the Disciplinary Court," the report of the disciplinary board states the following:

"Plea--not guilty. Inmate's statement: I went to the doctor and tried to see the doctor. I told him I couldn't breath [sic] that dust out there where we are working now he said (quote) All I call tell you is you have to keep on breathing it. Officer's statement: Same as charged. Witness--Mr. Meeks: Says nothing was documented for 3/18/81 but he has a record for 3/19/81. Inmate complained about problems with his foot. Findings: Guilty, based on testimony presented. Sentence: Recommends loss of 2 months good time."

In the disciplinary hearing held on August 7, 1981, the appellant was likewise charged with the failure to checkout with his assigned work squad at the sally port gate. Under the hearing "Action of the Disciplinary Court," the report of the disciplinary board states the following:

"Subj.'s plea: Not guilty. Subj.'s Statement: 'Lack of medical treatment. I've already refused to work until I get adequate medical treatment. I will not work till I get adequate treatment.' Arr. Off. Statemnt [sic] 'Same as charged.' Bd. Findings: Guilty due to the evidence presented in court. Sentence: The board recommends the loss of 4 months good time. 30 days in Segregation and loss of 2 months phone privileges."

This Court notes that, in both of these proceedings, the appellant was found guilty of the disciplinary violations charged based on the evidence presented. In neither case, however, does the evidence referenced in the findings establish the commission of the infraction charged. Thus, the disciplinary board has failed to comply with the minimum due process requirements set forth in Wolff, supra. Cf. Atmore v. State, 530 So.2d 905 (Ala.Cr.App.1988), wherein this Court held:

" 'The disciplinary report in and of itself should contain a meaningful statement setting forth the essential facts relied upon.' [The appellant's] admission, as reflected by the committee's statement, does not contain the necessary or essential facts...."

Id. at 906. (Emphasis in original. Citations omitted.)

In the disciplinary hearing held on November 2, 1983, the appellant was charged with insubordination for remarks allegedly made to a Department of Corrections officer. He was found guilty of the infraction charged and was sentenced to the loss of four months' good time. Under the heading "Committee Findings and Reasons," the disciplinary report states "[g]uilty due inmate's admission that he was angry and could have possibly made these remarks."

"To meet the due process...