Gall (Jason) v. Warden

• Court: Nevada Supreme Court
• Decided: June 24, 2015
• Docket: 66562
• Status: Unpublished

Opinion

Appellant failed to demonstrate a violation of due process because he received advance written notice of the charges and a written statement of the evidence relied upon and the reasons for disciplinary action, and he was provided a qualified right to call witnesses and present evidence. Wolff v. McDonnell, 418 U.S. 539, 563-69 (1974). The recording of the disciplinary hearing indicates that appellant declined to present witnesses. Further, appellant failed to demonstrate he was illiterate or that complex issues were involved, and therefore, he failed to demonstrate that he should have received the help of inmate counse1. 3 Id. at 570. Some evidence supports the decision by the prison disciplinary hearing officer, Superintendent v. Hill, 472 U.S. 445, 455 (1985), and therefore, appellant failed to demonstrate that he was entitled to relief. Accordingly, we ORDER the judgment of the district court AFFIRMED.

J. Saitta

Gibbons

...continued 686 P.2d 250 (1984); see also Sandin v. Conner, 515 U.S. 472, 486 (1995) (holding that a liberty interest protected by the Due Process Clause will generally be limited to freedom from restraint which imposes an atypical and significant hardship on the inmate in relation to the ordinary incidents of prison life).

3 We further note that appellant declined the assistance of inmate counsel at the disciplinary hearing.

SUPREME COURT OF NEVADA 2 (0) (947A AFIDA. cc: Hon. Steve L. Dobrescu, District Judge Jason Gall Attorney General/Carson City Attorney General/Ely White Pine County Clerk

SUPREME COURT OF NEVADA 3 (0) 1947A