GPO-CONAN-2017-10-15.pdf

1285 daniels v williams 474 us 327 1986 davidson v

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1285 Daniels v. Williams, 474 U.S. 327 (1986); Davidson v. Cannon, 474 U.S. 344 (1986). 1286 Sandin v. Conner, 515 U.S. 472, 484 (1995) (30-day solitary confinement not atypical “in relation to the ordinary incidents of prison life”). 1287 418 U.S. 539 (1974). 1288 418 U.S. at 557. This analysis, of course, tracks the interest analysis dis- cussed under “The Interests Protected: Entitlements and Positivist Recognition,” su- pra . 2067 AMENDMENT 14—RIGHTS GUARANTEED
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er’s interest against the valid interest of the prison in maintaining security and order in the institution, in protecting guards and pris- oners against retaliation by other prisoners, and in reducing prison tensions. The Court in Wolff held that the prison must afford the subject of a disciplinary proceeding “advance written notice of the claimed violation and a written statement of the factfindings as to the evi- dence relied upon and the reasons for the action taken.” 1289 In ad- dition, an “inmate facing disciplinary proceedings should be al- lowed to call witnesses and present documentary evidence in his defense when permitting him to do so will not be unduly hazard- ous to institutional safety or correctional goals.” 1290 Confrontation and cross-examination of adverse witnesses is not required inas- much as these would no doubt threaten valid institutional inter- ests. Ordinarily, an inmate has no right to representation by re- tained or appointed counsel. Finally, only a partial right to an impartial tribunal was recognized, the Court ruling that limitations imposed on the discretion of a committee of prison officials sufficed for this purpose. 1291 Revocation of good time credits, the Court later ruled, must be supported by “some evidence in the record,” but an amount that “might be characterized as meager” is constitutionally suffi- cient. 1292 Determination whether due process requires a hearing before a prisoner is transferred from one institution to another requires a close analysis of the applicable statutes and regulations as well as a consideration of the particular harm suffered by the transferee. On the one hand, the Court found that no hearing need be held prior to the transfer from one prison to another prison in which the conditions were substantially less favorable. Because the state had not conferred any right to remain in the facility to which the prisoner was first assigned, defeasible upon the commission of acts for which transfer is a punishment, prison officials had unfettered discretion to transfer any prisoner for any reason or for no reason 1289 418 U.S. at 563. 1290 418 U.S. at 566. However, the Court later ruled that the reasons for deny- ing an inmate’s request to call witnesses need not be disclosed until the issue is raised in court. Ponte v. Real, 471 U.S. 491 (1985). 1291 418 U.S. at 561–72. The Court continues to adhere to its refusal to require appointment of counsel. Vitek v. Jones, 445 U.S. 480, 496–97 (1980), and id. at 497– 500 (Justice Powell concurring); Baxter v. Palmigiano, 425 U.S. 308 (1976).
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