Prisoner Harrison is housed in administrative segregation. He has been charged with threatening an officer. The disciplinary “ticket” states the offense:
On 12/4/2020 at 0800, Inmate Harrison, from his cell, yelled at Officer Dunner as he walked past Harrison’s cell, that he planned to attack him later that day. He intended “to f— him up”, and Dunner better be scared “because it was going to be bloody.” Harrison’s comments were loud and could be heard throughout the cell block. Other inmates yelled in support of his threats. Harrison in currently assigned to administrative segregation for attacking a correctional officer when he was housed in general population.
At his disciplinary hearing, Harrison is allowed to testify on his behalf and denies the charges. He states that he never made the threat, and he did not hear any other prisoner make that threat on 12/4/2020 at 0800 as charged. He further states that has never made such a threat or heard such a threat made by another prisoner while being housed in administrative segregation. He is trying very hard to follow all of the rules so his custody level can eventually be lowered, and he can return to the general population.
Prisoner Harrison is represented by a counsel substitute who follows the appropriate procedures and makes a formal request on Harrison’s behalf that every prisoner housed in his cellblock be permitted to appear before the disciplinary hearing and testify on Harrison’s behalf. The counsel tells the disciplinary committee that according to Prisoner Harrison, the prisoners will testify that he did not threaten Officer Dunner or any other officer. They will testify that they did not hear anyone threaten an officer.
The disciplinary committee considers Harrison’s request. He wants 20 prisoners in his cellblock to appear before the committee. Escorting 20 prisoners from administrative segregation is a time-intensive process because each inmate would be escorted in handcuffs and leg chains by 2 officers. The prisoners in Harrison’s cellblock have poor disciplinary records. The hearing office is not located near Harrison’s cellblock. The committee concludes that Harrison can have only one prisoner from his cellblock testify on his behalf. The committee sticks to its decision of allowing only one inmate. Harrison asks for Prisoner Jones to testify. Jones appears before the committee and supports Harrison’s narrative. Officer Dunner appears before the committee and testifies that Harrison threatened him, using the words that appear in the disciplinary ticket.
The committee convicts Harrison of the disciplinary infraction of threatening an officer. He has 360 days of good time taken away.
Harrison follows the grievance process as set up by the state prison system, complaining that his request for witnesses was denied and, as a result, he was not able to meaningfully defend himself. He loses at each level of the grievance system. His only option left is to file a lawsuit, which he does.
Analyze how the Supreme Court cases you have read about concerning the inmate disciplinary system help or do not help Harrison’s chances of winning his lawsuit. Rely on the Supreme Court cases only. This is not a question about the Texas rules. Minimum 1 page minimum, double-spaced.
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