CONSTITUTIONAL LAW - PROCEDURAL DUE PROCESS IN A PRISON DISCIPLINARY PROCEEDING - SANDS V WAINRIGHT, 357 F SUPP 1062 (1973)

• NCJ Number: 15822
• Journal: University of Florida Law Review Volume: 25 Issue: 4 Dated: (SUMMER 1973) Pages: 844-852
• Author(s): G A YOUNG
• Date Published: 1973
• Length: 9 pages
• Corporate Author: University of Florida
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

AFFIRMS SANDS V. WAINRIGHT AS A RECOGNITION OF THE NEED FOR UNIFORM PRISON DISCIPLINE THAT RESPECTS THE RIGHT OF DUE PROCESS FOR INMATES.

Abstract

THE PLAINTIFF HAD BEEN CHARGED IN A PRISON DISCIPLINARY PROCEEDING WITH ASSAULT ON OTHER INMATES AND CREATING A RACIAL DISTURBANCE. AFTER BEING PLACED IN PUNITIVE SEGREGATION FOR AN INDEFINITE PERIOD AND LOSING 120 DAYS OF GAIN TIME HE SOUGHT DECLARATORY RELIEF ALLEGING THAT THE DISCIPLINARY PROCEEDING HAD DENIED HIM PROCEDURAL DUE PROCESS. THE STATE CONTENDED THAT THE DISCIPLINARY PROCEEDINGS WERE REASONABLE IN THIS CASE AND THAT FEDERAL JUDICIAL REVIEW WAS THEREFORE INAPPROPRIATE. THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA HELD THAT PRIOR TO ANY PUNITIVE ACTION AN INMATE MUST BE GIVEN A HEARING THAT MEETS PROCEDURAL DUE PROCESS STANDARDS APPROPRIATE TO THE NATURE OF HIS LOSS. SPECIFIC HEARING PROCEDURES WERE DELINEATED. NO APPELLATE PROVISION WAS REQUIRED. THE AUTHOR CONSIDERS THE CASE NOTABLE FOR RECOGNIZING THE NEED FOR UNIFORM PRISON DISCIPLINE AND GENERAL PRISON REFORM BY ESTABLISHING GUIDELINES. IT IS CONSIDERED THAT STATE LEGISLATURE SHOULD RESPOND WITH STATUTES ESTABLISHING BETTER PROCEDURES FOR THE DETERMINATION OF PRISONER'S RIGHTS.