Personal Restraint Petition Of Clifton Kelly Bell

CourtCourt of Appeals of Washington
DecidedJuly 14, 2025
Docket86523-4
StatusUnpublished

This text of Personal Restraint Petition Of Clifton Kelly Bell (Personal Restraint Petition Of Clifton Kelly Bell) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Personal Restraint Petition Of Clifton Kelly Bell, (Wash. Ct. App. 2025).

Opinion

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION ONE

IN THE MATTER OF THE PERSONAL No. 86523-4-I RESTRAINT PETITION OF

CLIFTON BELL, UNPUBLISHED OPINION

Petitioner.

BOWMAN, A.C.J. — A Department of Corrections (DOC) hearing officer

determined that Clifton Bell committed a serious infraction by introducing and

transferring synthetic cannabis into a prison facility. The hearing officer

sanctioned Bell with the loss of 75 days of good conduct time. Bell files this

personal restraint petition (PRP), arguing the hearing officer erred by relying on a

presumptive drug test and confidential information as evidence that he committed

the infraction. Because Bell is no longer incarcerated, we dismiss his PRP as

moot.

FACTS

In March 2022, Bell was an inmate at Airway Heights Corrections Center

(AHCC). AHCC investigators received confidential information that Bell was

working with someone outside of the prison to bring synthetic cannabis into the

facility through the United States mail and then selling it. Investigators searched

Bell’s cell and found a piece of white paper taped to the insole of his shoe.

Investigator Joshua Largent determined that “the suspicious white paper had the No. 86523-4-I/2

appearance of Spice paper.”1 DOC staff tested a sample of the paper using a

presumptive “Synthetic Cannabinoids Test.” The sample showed a positive

result for spice.

On April 11, 2022, investigators interviewed Bell, who admitted he smokes

spice but denied bringing it into the prison. On April 19, prison authorities issued

Bell a serious infraction, alleging a violation of WAC 137-25-030(1)(a)(603) (WAC

603) “for introduction and transfer of Synthetic Cannabis/Spice into the AHCC

secure Facility.”2

On April 21, 2022, a DOC hearing officer held a disciplinary proceeding.

The officer admonished Bell of his rights and read him a summary of the

infraction. The hearing officer then reviewed the infraction report, statements

from confidential sources, and the positive result of the synthetic cannabinoids

test. She determined the confidential information was reliable and credible

because it was “first-hand,” “internally consistent and . . . consistent with other

known facts,” and corroborated by other evidence. The hearing officer concluded

that Bell committed the infraction and imposed sanctions, including “75 days loss

of good conduct time.”

On April 26, 2022, Bell appealed the infraction to DOC Associate

Superintendent Frank Rivera, arguing he did not transport or possess spice and

“Spice” is a synthetic cannabinoid and a schedule I controlled substance. See 1

RCW 69.50.204(c)(30). 2 On May 3, 2022, Bell received another serious infraction, alleging a violation of WAC 603 when DOC investigators drug tested a greeting card addressed to him. The drug test returned a presumptive positive result for phenethylamines, a schedule I controlled substance. But subsequent testing at the Washington State Patrol Crime Laboratory did not detect illegal substances. This incident is not the subject of Bell’s PRP.

2 No. 86523-4-I/3

requesting that an independent laboratory retest the evidence. He also argued

the confidential information was unreliable. Rivera affirmed the hearing officer’s

decision because the record showed that Bell received notice of the disciplinary

hearing, Bell had an opportunity to present evidence, and the hearing procedures

satisfied due process. He noted that Bell was not entitled to have an outside

laboratory retest the evidence. And he confirmed that the hearing officer properly

“made an independent determination regarding reliability of the confidential

source(s), credibility of the information, and safety concerns that justify non-

disclosure of the confidential source(s).”

On August 29, 2023, Columbia Legal Services (CLS), on behalf of Bell

and three other inmates, sent the DOC a letter saying that its use of presumptive

drug tests as a basis for imposing discipline on incarcerated people violates their

rights. It argued the tests are unreliable and demanded that the DOC stop

“impos[ing] discipline based on a presumptive positive result.” CLS said it

intended to file a class action lawsuit.

On September 7, the DOC responded by changing its drug testing policy.

It explained:

Effective immediately, the Department has discontinued the use of presumptive drug test results as a sole basis for disciplinary action. DOC Policy 420.385 will be revised to allow an incarcerated individual the opportunity to request laboratory confirmation, if possible, for presumptive positive tests before an infraction hearing for drug possession.[3]

3 When the DOC informed its staff of the new policy, it explained that presumptive drug test results are not the sole basis for an infraction when corroborating evidence like phone records, confidential informants, and witness statements also supports the infraction.

3 No. 86523-4-I/4

On September 22, 2023, Bell and other inmates brought a class

action lawsuit against the DOC for its “practice of using unreliable,

‘presumptive’ drug tests on paper, mail, and belongings, as a basis for

imposing prison discipline.”4 On March 29, 2024, Bell filed this PRP. On

May 1, Bell completed his sentence and the DOC released him from

incarceration.

ANALYSIS

Bell argues the hearing officer violated his due process rights by relying on

a presumptive drug test result to determine he committed a violation of WAC

603, decreasing his good conduct time. He also argues the hearing officer erred

by improperly considering confidential information. The DOC contends this case

is moot and we should not reach its merits. We agree with the DOC.

A case is moot when the court can no longer provide effective relief. State

v. Hunley, 175 Wn.2d 901, 907, 287 P.3d 584 (2012). A petitioner may obtain

relief through a PRP when he is under unlawful restraint. RAP 16.4(a); In re

Pers. Restraint of Dyer, 143 Wn.2d 384, 391, 20 P.3d 907 (2001). Restraint is

unlawful when the conditions or manner of the petitioner’s restraint violate the

United States Constitution or Washington’s laws or constitution or when other

grounds exist to challenge the legality of the restraint. RAP 16.4(c)(6), (7).

Because the DOC has released Bell from prison, he is not unlawfully restrained,

and his PRP is moot.

4 Bell states that in August 2024, the Thurston County Superior Court dismissed the class action lawsuit.

4 No. 86523-4-I/5

Generally, we do not consider questions that are moot. Hunley, 175

Wn.2d at 907. But we may decide a moot case if it involves matters of continuing

and substantial public interest. Id. To determine whether a case presents issues

of continuing and substantial public interest, we consider (1) the public or private

nature of the question presented, (2) the desirability of an authoritarian

determination that will guide public officers, and (3) the likelihood that the

question will recur. Id. We also evaluate the quality of advocacy of the issues

and the likelihood that the issue will evade review because the facts of the

controversy are short-lived. State v. Huckins, 5 Wn. App.

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Related

In Re the Personal Restraint of Peterson
995 P.2d 83 (Court of Appeals of Washington, 2000)
In Re Dyer
20 P.3d 907 (Washington Supreme Court, 2001)
State Of Washington v. Alexander J. Huckins
426 P.3d 797 (Court of Appeals of Washington, 2018)
In re the Personal Restraint of Dyer
143 Wash. 2d 384 (Washington Supreme Court, 2001)
State v. Hunley
287 P.3d 584 (Washington Supreme Court, 2012)

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