Stephen Benson v. United States

625 F. App'x 20
CourtCourt of Appeals for the Third Circuit
DecidedAugust 25, 2015
Docket14-4801
StatusUnpublished
Cited by4 cases

This text of 625 F. App'x 20 (Stephen Benson v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stephen Benson v. United States, 625 F. App'x 20 (3d Cir. 2015).

Opinion

OPINION *

PER CURIAM.

Stephen Benson, a federal prisoner proceeding pro se, appeals from orders of the United States District Court for the District of New Jersey dismissing his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, in which he sought relief from sanctions imposed in prison disciplinary proceedings. We will summarily affirm.

On February 25, 2012, Officer Concepcion was in the library at FCI Fairton when she noticed that Benson, who was seated at another table, was staring at her. She soon realized that Benson was masturbating because his pants were pulled down “lower than appropriate,” his penis was out, and he was massaging it. She ordered him to stop and had him removed from the library. The incident resulted in Benson being charged with a prohibited act, i.e., “[e]ngaging in sexual acts.” 28 C.F.R. § 541.3, Table 1, Code 205.

A disciplinary hearing was held on March 8, 2012. Benson was advised of his rights and waived the services of a staff representative. He denied the charge, stating that he had psoriasis over most of his body and had his hands in his pants because he was scratching himself. Benson requested that the inmates who were sitting at the library table with him be. called as defense witnesses, as well as Dr.. Morales, who he claimed would testify about the extent of his psoriasis. The inmates were not called because Benson could, not identify them. and could only indicate that they were Jamaican. The Disciplinary Hearing Officer (“DHO”) did not call the doctor because he accepted as undisputed that Benson had psoriasis over a large portion of his body.

The DHO found that Benson had ‘ engaged in sexual acts in violation of Code 205 by “exposing and rubbing [his] penis in view of staff,” relying on the eyewitness account of Officer. Concepcion and Benson’s partial admission that he had his hands in his pants. The DHO gave little weight to Benson’s defense that.he was. merely scratching himself because.-it 'did not account for the fact that Officer Concepcion observed his exposed penis. The DHO also found Benson’s account unbelievable, concluding that a person who had an itch of the “nature and degree” Benson allegedly had would have gone to a restroom to address the issue. Sanctions were, imposed, including the loss of 27 days of good conduct time. ■. •

After pursuing administrative remedies, Benson filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241, arguing that his due process rights were violated during the disciplinary proceedirigs. The District Court dismissed all but one of his claims with prejudice. However, the court granted Benson leave to “amend and clarify” a claim regarding the denial of the unidentified inmates as witnesses. Benson subsequently submitted a letter to the court regarding that claim. After considering Benson’s letter, the District Court dismissed the claim. Benson then filed *22 this appeal, but he has not filed any argument in support of it.

We have jurisdiction pursuant to 28 U.S.C. § 1291. 1 We'review the District Court’s denial of habeas relief de novo and its factual findings'for clear error. Denny v. Schultz, 708 F.3d 140, 143 (3d Cir.2013). If ho substantial question is presented, we may affirm on any ground supported by the record. See 3d Cir. L.A.R. 27.4; I.O.P. 10.6; Tourscher v. McCullough, 184 F.3d 236, 240 (3d Cir.1999).

A prisoner has a liberty interest in good conduct credit. Wolff v. McDonnell, 418 U.S. 539, 557, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974). Thus,'a'disciplinary hearing that may result in the loss of such credit must provide certain due process safeguards to a prisoner, including: (1) at least 24-hour advance notice of the charges; (2) an opportunity to call witnesses and present documentary evidence; and (3) a written decision explaining the evidence relied upon and the reasons for the disciplinary action. Id. at 564-66, 94 S.Ct. 2963. The Supreme Court has held that “revocation of good time does not comport with the minimum requirements of procedural due process unless the findings of the prison disciplinary board are supported by some evidence in the record.” Superintendent v. Hill, 472 U.S. 445, 454, 105 S.Ct. 2768, 86 L.Ed.2d 356 (1985) (internal quotation marks and citations omitted). This standard is minimal and “does not require examination of the entire record, independent assessment of the credibility of witnesses, or weighing of the evidence.” Id. at 455, 105 S.Ct. 2768. Rather, the relevant inquiry “is whether there is any evidence in the record that could support the conclusion reached by the disciplinary board.” Id. at 455-56, 105 S.Ct. 2768.

Here, the DHO’s finding that Benson engaged in sexual acts in violation of Code 205 by “exposing and rubbing [his] penis in view of staff’ was supported by “some evidence.” The DHO relied upon the incident report filed by Officer Concepcion, in which she stated that she observed Benson with his pants pulled down, massaging his exposed penis. The “some evidence” standard may be satisfied solely by such an incident report. See Hudson v. Johnson, 242 F.3d 534, 536-37 (5th Cir.2001); McPherson v. McBride, 188 F.3d 784, 786 (7th Cir.1999). ‘In this case, however, the DHO also relied on Benson’s partial admission that he had his hands in his pants. Accordingly, the decision was supported by sufficient evidence to comply with the requirements of procedural due process. 2

*23 Benson’s assertion that his rights were violated because the DHO considered the incident report to be more credible than his defense does not disturb our conclusion, A challenge to the weight accorded evidence is not relevant to the question of whether the decision was supported by “some evidence” because the standard does not require “weighing of the' evidence.” Hill, 472 U.S. at 455, 105 S.Ct. 2768. Furthermore, we note that the DHO’s decision complied with the requirement that a decision must be based on the “greater weight of the evidence” when conflicting evidence is presented. 28 C.F.R. § 541.8(f).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Pinson v. Christensen
M.D. Pennsylvania, 2025
CARABALLO v. KNIGHT
D. New Jersey, 2024
RICHARDSON v. ORTIZ
D. New Jersey, 2021

Cite This Page — Counsel Stack

Bluebook (online)
625 F. App'x 20, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stephen-benson-v-united-states-ca3-2015.