JAMES ALLEN ROESCH, APPELLANT,
v.
L.L. WAINWRIGHT, ET AL., APPELLEE

Fla. 1st DCA | 1985-09-05
No. BE-383
BOOTH, C.J., and JOANOS, J., concur.
474 So. 2d 1263 Florida District Court of Appeal, First District (1985) Positive Treatment
Cited by 2 cases

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Synopsis

Roesch, a state prisoner, appealed the denial of his habeas corpus petition challenging six disciplinary reports received during his confinement. The court affirmed the denial regarding four disciplinary reports but reversed and remanded for an evidentiary hearing on two reports from April 1984, finding procedural error in the failure to comply with the Department of Corrections' transfer hearing rule.


Holding

Roesch failed to establish a prima facie case of procedural error for four of the six disciplinary reports. However, for the disciplinary reports of April 2-3, 1984, procedural error occurred because the hearings were conducted at the receiving institution rather than the charging institution without compliance with Rule 33-22.11(2), which requires either that hearings be held prior to transfer or that a memorandum explain circumstances justifying departure from this rule.


Headnotes

[1] An inmate may challenge the Department of Corrections' compliance with its own rules and with the procedural requirements of Wolff v. …

[2] A prison inmate bears the burden of establishing a prima facie case of procedural error by prison officials.

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Key Quotes

“an inmate may challenge the Department of Corrections' compliance with its own rules and with the procedural requirements of Wolff v. McDonnell”

Establishes the legal standard for reviewing inmate disciplinary procedures

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Facts & Procedural History

Roesch received six disciplinary reports while confined at Polk Correctional Institution, each resulting in placement in disciplinary confinement and/…

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Opinion of the Court
MILLS, Judge.

MILLS, Judge.

Roesch appeals from the denial of his petition for a writ of habeas corpus without an evidentiary hearing. Roesch contends he established a prima facie showing of procedural error in violation of the Department of Correction Rules. We affirm in part and reverse in part.

Roesch raises various challenges to six disciplinary reports received during his confinement at Polk Correctional Institution. These challenges range from alleged violations of procedural provisions of the Department of Corrections’ Inmate Discipline Rules to claims that the charges were “ludicrous” or filed as a result of bias. All disciplinary reports resulted in his placement in disciplinary confinement and/or the loss of gain time.

This Court has repeatedly recognized that while lawful incarceration carries with it the circumspection or loss of many significant rights, an inmate may challenge the Department of Corrections’ compliance with its own rules and with the procedural requirements of Wolff v. McDonnell, 418 U.S. 539, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974). Bagley v. Brierton, 362 So. 2d 1048 (Fla. 1st DCA 1978). However, this Court’s review function is limited to a determination of the procedural propriety of the challenged disciplinary proceedings.

With this predicate in mind, we have analyzed the rules involved and the record below and conclude that Roesch has not met his burden of establishing a prima facie case of procedural error by prison officials, with one exception. The error shown entails the disciplinary reports of 2 and 3 April 1984 and, specifically, Roesch’s allegation that it was error to conduct the hearing on these reports at the institution where he had been transferred, rather than the charging institution. Rule 33-22.11(2) provides:

(b) If it becomes necessary to transfer an inmate who is awaiting disciplinary action, the team hearing should be held prior to transfer. 1. Exceptions to this may be only in extreme circumstances such as strikes or disturbances involving many inmates where the situation dictates immediate transfer before the disciplinary hearings can be held. A memorandum explaining the circumstances precluding the scheduling of the hearing will be sent with the inmate at the time of the transfer. In such cases, the disciplinary hearing is the responsibility of the sending institution and will be held within a reasonable period of time. The sending institution will complete the Disciplinary Report, Section 1, Charges, and Section III, Report of Investigation, and forward it to the receiving institution. The receiving institution will complete Section II, Delivery of Charge — Notice. Section IV, Committee Action, will be completed by the sending institution after the hearing.

2. If an inmate undergoing disciplinary action is transferred to another institution, such disciplinary action may be continued under the administration of the receiving institution.

Roesch’s transfer took place on 5 April 1984, however, the record is devoid of any information which would indicate the circumstances of this transfer. Further, there was no memorandum, as required, explaining the reasons for departure from this rule.

Accordingly, we must reverse and remand for a hearing as to the procedural adequacy of these two disciplinary proceedings.

We affirm the trial court’s ruling on the reports of 9 February, 10 February, 11 February and 16 March 1984. We reverse and remand for an evidentiary hearing on the reports of 3 and 4 April 1984.

BOOTH, C.J., and JOANOS, J., concur.


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Citator

Cited By

  • Seibert v. Dugger, 595 So. 2d 1083 (Fla. 1st DCA 1992)
    …tions has failed to comply with its own rules.1 The rule has been repeatedly followed. See Moore v. Wain-wrigkt, 366 So. 2d 183, 184 (Fla. 1st DCA 1979); Granger v. Florida State Prison, 424 So. 2d 937, 938 (Fla. 1st DCA 1983); Roesch v. Wainwright, 474 So. 2d 1263 (Fla. 1st DCA 1985); Rahming v. Bigham, 539 So. 2d 10 (Fla. 1st DCA 1989) and Taylor v. Barton, 556 So. 2d 415 (Fla. 1st DCA 1989). Applying it herein, we find error in the court’s summary denial of the appellant’s claim that Holman’s presence and/o…

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