RENDERED: MAY 19, 2023; 10:00 A.M. NOT TO BE PUBLISHED
Commonwealth of Kentucky Court of Appeals
NO. 2022-CA-0623-MR
JOHNNY REVLETT APPELLANT
APPEAL FROM LYON CIRCUIT COURT v. HONORABLE JAMES R. REDD, III, JUDGE ACTION NO. 22-CI-00006
SCOTT JORDAN, WARDEN APPELLEE
OPINION AFFIRMING
** ** ** ** **
BEFORE: CETRULO, DIXON, AND TAYLOR, JUDGES.
TAYLOR, JUDGE: Johnny Revlett, pro se, appeals from the April 14, 2022,
Order of Dismissal entered by the Lyon Circuit Court dismissing his petition for
declaratory relief. We affirm.1
1 We note there are numerous deficiencies in Johnny Revlett’s brief including the failure to include a preservation statement of the issues raised on appeal, in violation of Kentucky Rules of Appellate Procedure (RAP) 32(A). Due to the record’s relatively concise nature and the readily evident issues on appeal, we exercise our discretion to ignore the deficiencies and review on the merits. See RAP 31(H). BACKGROUND
Revlett is an inmate at the Kentucky State Penitentiary (KSP) in
Eddyville, Kentucky. On July 2, 2021, he received a disciplinary write-up for a
physical altercation with another inmate. The write-up stated that the
“investigation determined, through witness interviews deemed reliable by
substantiated physical evidence, that [another inmate] and [Revlett] were in a
physical altercation on June 26th in the boiler room.” Write Up and Disciplinary
form at 1. On July 26, 2021, an investigative report was submitted which
concluded there was evidence to support a charge against Revlett for “[p]hysical
action resulting in injury to another inmate.” Write Up and Disciplinary form at 3.
A disciplinary hearing was held on August 10, 2021, after which Revlett was found
guilty and sanctioned to fifteen days of disciplinary segregation. Revlett filed an
appeal with Warden Scott Jordan, who upheld the finding on August 17, 2021.
On February 7, 2022, Revlett filed a petition for a declaration of rights
with the Lyon Circuit Court asserting his due process rights were violated. The
primary argument asserted by Revlett in his petition and brief filed in this appeal is
that the evidence presented at the disciplinary hearing was not sufficient to
establish he was involved in a physical altercation with another inmate. This,
coupled with his sentence of fifteen days in disciplinary segregation, deprived him
of a protected liberty interest. The circuit court dismissed the petition pursuant to
-2- Kentucky Rules of Civil Procedure (CR) 12.02(f) on the basis Revlett failed to
“demonstrate that his segregation assignment constitutes a liberty interest to which
constitutional due process protections apply.” Order of Dismissal at 3. This
appeal followed.
STANDARD OF REVIEW
A motion to dismiss for failure to state a claim is governed by CR
12.02(f) and presents a question of law subject to de novo review. Campbell v.
Ballard, 559 S.W.3d 869, 870 (Ky. App. 2018). The pleadings must be liberally
construed in a light most favorable to the nonmoving party, and the allegations
contained in the complaint are taken as true. Id. at 870-71. And, the circuit court
should deny the motion to dismiss “unless it appears the pleading party would not
be entitled to relief under any set of facts which could be proved in support of his
claim.” James v. Wilson, 95 S.W.3d 875, 883 (Ky. App. 2002) (citation omitted).
However, our standard of review requires us to recognize that
“[p]rison disciplinary proceedings are not part of a criminal prosecution, and the
full panoply of rights due a defendant in such proceedings does not apply.” Webb
v. Sharp, 223 S.W.3d 113, 117 (Ky. 2007) (quoting Wolff v. McDonnell, 418 U.S.
539, 556 (1974)). And, “[p]rison disciplinary proceedings are not criminal
prosecutions; and punishment is imposed as warranted by the severity of the
offense in order to correct and control inmate behavior within the prison.”
-3- Conover v. Lawless, 540 S.W.3d 766, 768 (Ky. 2017) (quoting Ramirez v. Nietzel,
424 S.W.3d 911, 916 (Ky. 2014)). Accordingly, the standard of review in prison
disciplinary proceedings is highly deferential to prison administrators. Smith v.
O’Dea, 939 S.W.2d 353, 357 (Ky. App. 1997).
ANALYSIS
Kentucky courts have adopted the “some evidence” standard in the
course of reviewing prison disciplinary proceedings. Houston v. Fletcher, 193
S.W.3d 276, 278 (Ky. App. 2006). This form of review was set out by the United
States Supreme Court in Superintendent, Massachusetts Correctional Institution,
Walpole v. Hill, 472 U.S. 445 (1985); Smith, 939 S.W.2d at 358. In Houston, we
highlighted the U.S. Supreme Court’s directive:
[T]he requirements of due process are satisfied if some evidence supports the decision by the prison disciplinary board to revoke good time credits. This standard is met if “there was some evidence from which the conclusion of the administrative tribunal could be deduced . . . .” Ascertaining whether this standard is satisfied does not require examination of the entire record, independent assessment of the credibility of witnesses, or weighing of the evidence. Instead the relevant question is whether there is any evidence in the record that could support the conclusion reached by the disciplinary board.
Houston, 193 S.W.3d at 278 (quoting Walpole, 472 U.S. at 455-56).
We have thoroughly reviewed the record on appeal including the
prison Write Up and Investigation form and the Hearing/Appeal report. Clearly
-4- there was “some evidence” presented sufficient to establish that Revlett was
involved in a physical altercation with another inmate resulting in injury to said
inmate in violation of applicable Kentucky Correction Policies and Procedures.
Any arguments raised by Revlett regarding the sufficiency of evidence presented
during the disciplinary hearing are without merit.
As concerns his due process arguments, Revlett has failed to
demonstrate that he was deprived of a protected liberty interest. “In order to
prevail on a Fourteenth Amendment procedural due process claim, a party must
establish (1) that he enjoyed a protected ‘liberty’ or ‘property’ interest within the
meaning of the Due Process Clause, and (2) that he was denied the process due
him under the circumstances.” Marksberry v. Chandler, 126 S.W.3d 747, 749 (Ky.
App. 2003) (citation omitted). “A protected liberty interest may arise from two
sources–the Due Process Clause itself and state law or regulations.” Id. “In
addition to the existence of language guiding or restricting the discretion of prison
officials, an inmate must now establish that the condition imposes atypical and
significant hardship on the inmate in relation to the ordinary incidents of prison
life.” Id. at 750 (internal quotation marks and footnote citation omitted).
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RENDERED: MAY 19, 2023; 10:00 A.M. NOT TO BE PUBLISHED
Commonwealth of Kentucky Court of Appeals
NO. 2022-CA-0623-MR
JOHNNY REVLETT APPELLANT
APPEAL FROM LYON CIRCUIT COURT v. HONORABLE JAMES R. REDD, III, JUDGE ACTION NO. 22-CI-00006
SCOTT JORDAN, WARDEN APPELLEE
OPINION AFFIRMING
** ** ** ** **
BEFORE: CETRULO, DIXON, AND TAYLOR, JUDGES.
TAYLOR, JUDGE: Johnny Revlett, pro se, appeals from the April 14, 2022,
Order of Dismissal entered by the Lyon Circuit Court dismissing his petition for
declaratory relief. We affirm.1
1 We note there are numerous deficiencies in Johnny Revlett’s brief including the failure to include a preservation statement of the issues raised on appeal, in violation of Kentucky Rules of Appellate Procedure (RAP) 32(A). Due to the record’s relatively concise nature and the readily evident issues on appeal, we exercise our discretion to ignore the deficiencies and review on the merits. See RAP 31(H). BACKGROUND
Revlett is an inmate at the Kentucky State Penitentiary (KSP) in
Eddyville, Kentucky. On July 2, 2021, he received a disciplinary write-up for a
physical altercation with another inmate. The write-up stated that the
“investigation determined, through witness interviews deemed reliable by
substantiated physical evidence, that [another inmate] and [Revlett] were in a
physical altercation on June 26th in the boiler room.” Write Up and Disciplinary
form at 1. On July 26, 2021, an investigative report was submitted which
concluded there was evidence to support a charge against Revlett for “[p]hysical
action resulting in injury to another inmate.” Write Up and Disciplinary form at 3.
A disciplinary hearing was held on August 10, 2021, after which Revlett was found
guilty and sanctioned to fifteen days of disciplinary segregation. Revlett filed an
appeal with Warden Scott Jordan, who upheld the finding on August 17, 2021.
On February 7, 2022, Revlett filed a petition for a declaration of rights
with the Lyon Circuit Court asserting his due process rights were violated. The
primary argument asserted by Revlett in his petition and brief filed in this appeal is
that the evidence presented at the disciplinary hearing was not sufficient to
establish he was involved in a physical altercation with another inmate. This,
coupled with his sentence of fifteen days in disciplinary segregation, deprived him
of a protected liberty interest. The circuit court dismissed the petition pursuant to
-2- Kentucky Rules of Civil Procedure (CR) 12.02(f) on the basis Revlett failed to
“demonstrate that his segregation assignment constitutes a liberty interest to which
constitutional due process protections apply.” Order of Dismissal at 3. This
appeal followed.
STANDARD OF REVIEW
A motion to dismiss for failure to state a claim is governed by CR
12.02(f) and presents a question of law subject to de novo review. Campbell v.
Ballard, 559 S.W.3d 869, 870 (Ky. App. 2018). The pleadings must be liberally
construed in a light most favorable to the nonmoving party, and the allegations
contained in the complaint are taken as true. Id. at 870-71. And, the circuit court
should deny the motion to dismiss “unless it appears the pleading party would not
be entitled to relief under any set of facts which could be proved in support of his
claim.” James v. Wilson, 95 S.W.3d 875, 883 (Ky. App. 2002) (citation omitted).
However, our standard of review requires us to recognize that
“[p]rison disciplinary proceedings are not part of a criminal prosecution, and the
full panoply of rights due a defendant in such proceedings does not apply.” Webb
v. Sharp, 223 S.W.3d 113, 117 (Ky. 2007) (quoting Wolff v. McDonnell, 418 U.S.
539, 556 (1974)). And, “[p]rison disciplinary proceedings are not criminal
prosecutions; and punishment is imposed as warranted by the severity of the
offense in order to correct and control inmate behavior within the prison.”
-3- Conover v. Lawless, 540 S.W.3d 766, 768 (Ky. 2017) (quoting Ramirez v. Nietzel,
424 S.W.3d 911, 916 (Ky. 2014)). Accordingly, the standard of review in prison
disciplinary proceedings is highly deferential to prison administrators. Smith v.
O’Dea, 939 S.W.2d 353, 357 (Ky. App. 1997).
ANALYSIS
Kentucky courts have adopted the “some evidence” standard in the
course of reviewing prison disciplinary proceedings. Houston v. Fletcher, 193
S.W.3d 276, 278 (Ky. App. 2006). This form of review was set out by the United
States Supreme Court in Superintendent, Massachusetts Correctional Institution,
Walpole v. Hill, 472 U.S. 445 (1985); Smith, 939 S.W.2d at 358. In Houston, we
highlighted the U.S. Supreme Court’s directive:
[T]he requirements of due process are satisfied if some evidence supports the decision by the prison disciplinary board to revoke good time credits. This standard is met if “there was some evidence from which the conclusion of the administrative tribunal could be deduced . . . .” Ascertaining whether this standard is satisfied does not require examination of the entire record, independent assessment of the credibility of witnesses, or weighing of the evidence. Instead the relevant question is whether there is any evidence in the record that could support the conclusion reached by the disciplinary board.
Houston, 193 S.W.3d at 278 (quoting Walpole, 472 U.S. at 455-56).
We have thoroughly reviewed the record on appeal including the
prison Write Up and Investigation form and the Hearing/Appeal report. Clearly
-4- there was “some evidence” presented sufficient to establish that Revlett was
involved in a physical altercation with another inmate resulting in injury to said
inmate in violation of applicable Kentucky Correction Policies and Procedures.
Any arguments raised by Revlett regarding the sufficiency of evidence presented
during the disciplinary hearing are without merit.
As concerns his due process arguments, Revlett has failed to
demonstrate that he was deprived of a protected liberty interest. “In order to
prevail on a Fourteenth Amendment procedural due process claim, a party must
establish (1) that he enjoyed a protected ‘liberty’ or ‘property’ interest within the
meaning of the Due Process Clause, and (2) that he was denied the process due
him under the circumstances.” Marksberry v. Chandler, 126 S.W.3d 747, 749 (Ky.
App. 2003) (citation omitted). “A protected liberty interest may arise from two
sources–the Due Process Clause itself and state law or regulations.” Id. “In
addition to the existence of language guiding or restricting the discretion of prison
officials, an inmate must now establish that the condition imposes atypical and
significant hardship on the inmate in relation to the ordinary incidents of prison
life.” Id. at 750 (internal quotation marks and footnote citation omitted).
“[D]isciplinary segregation typically does not implicate a liberty interest protected
by the Due Process Clause itself because it is the sort of confinement an inmate can
reasonably anticipate receiving.” Id. at 749-50. Factors related to the duration or
-5- degree of restriction are relevant in determinations regarding whether restrictions
imposed are “atypical and significant.” Id. at 750 (citing Sandin v. Conner, 515
U.S. 472, 484 (1995)). While these determinations involve factual issues, “the
ultimate issue of atypically is a legal issue subject to de novo review.” Id.
(footnote citation omitted).
Revlett argues his punishment was atypical since his classification
level was increased, and consequently, he was subjected to more restrictive
confinement along with the curtailment of various privileges compared to what he
enjoyed at his previous classification level, resulting in a significant hardship. This
argument is also without merit. It has been expressly held that “inmates do not
have a constitutional right to a particular security classification or to be housed in a
particular institution.” Marksberry, 126 S.W.3d at 751 (footnote citation omitted).
And, “[s]imply because disciplinary segregation involves different physical
conditions and limited privileges does not mean that a prisoner maintains a liberty
interest in freedom from that form of segregation.” McMillen v. Kentucky Dep’t of
Corr., 233 S.W.3d 203, 205 (Ky. App. 2007) (citation omitted). Furthermore,
there is absolutely no evidence to establish that a duration of fifteen days in
disciplinary segregation constitutes a significant hardship. We also note that
Revlett failed to plead any other facts demonstrating the conditions of his
segregation “were more onerous, harsh or restrictive than those applicable to
-6- inmates normally assigned to disciplinary segregation.” Marksberry, 126 S.W.3d
at 751.
For the foregoing reasons, we affirm the Order of Dismissal of the
Lyon Circuit Court, dismissing Revlett’s Petition for Declaration of Rights.
ALL CONCUR.
BRIEF FOR APPELLANT: BRIEF FOR APPELLEE:
Johnny Revlett, Pro Se Robert Chaney Eddyville, Kentucky Frankfort, Kentucky
-7-