Wilson v. Haney

430 S.W.3d 254, 2014 WL 1512450, 2014 Ky. App. LEXIS 66
CourtCourt of Appeals of Kentucky
DecidedApril 18, 2014
DocketNos. 2012-CA-001790-MR, 2012-CA-001791-MR
StatusPublished
Cited by4 cases

This text of 430 S.W.3d 254 (Wilson v. Haney) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wilson v. Haney, 430 S.W.3d 254, 2014 WL 1512450, 2014 Ky. App. LEXIS 66 (Ky. Ct. App. 2014).

Opinion

[256]*256 OPINION

LAMBERT, Judge:

Kevin Wilson appeals from two judgments of the Lyon Circuit Court. After careful review, we affirm the judgments in both appeals.

Wilson is a state prisoner currently housed at the Kentucky State Penitentiary, but he is appealing adverse disciplinary determinations imposed upon him when he was housed at the Northpoint Training Center (hereinafter NTC). In February 2011, Wilson received what was eventually determined to be a fraudulent legal mail package with the sender listed as Attorney Justin Durstock in Covington, Kentucky. Wilson signed for the package on the Daily Privileged Mail Distribution sheet dated February 2, 2011.

On March 21, 2011, a second package with the same return address arrived containing contraband in the form of thirty Suboxone pills. With the discovery of contraband in the second package, officials realized the possibility that the February 2011 package may not have been legal mail, so an investigation was initiated by Lt. David Conley. Attorney Durstock was contacted by Lt. Conley, and Durstock confirmed that he did not send the package; however, the package contained documents relating to one of Wilson’s ongoing court cases, along with the Suboxone pills. Lt. Conley’s investigation revealed that Wilson persuaded an unknown source to mail him the contraband pills and that Wilson would have received those pills but for the NTC staff intercepting the package of contraband.

Following that investigation, Wilson was charged with two sets of three charges: 1) possessing or promoting dangerous contraband; 2) smuggling contraband items into/ out oí/within the institution; and 3) using the mail to obtain goods by fraud. One set of those charges was heard by Adjustment Officer Tyree on May 5, 2011, and is the subject of Appeal No. 2012-CA-001790-MR. The other set of charges was heard by a different adjustment officer on May 10, 2011, and is the subject of Appeal No. 2012-CA-001791-MR. For the charges, Wilson was sentenced to 330 days of good time credit loss and 195 days of disciplinary segregation.

Following an appeal to the Warden, Wilson filed a pro se Petition for Declaratory Judgment pursuant to Kentucky Revised Statutes (KRS) 418.040 in the Lyon Circuit Court challenging the results of the disciplinary proceedings held on May 5, 2011, and the subsequent proceedings on May 10, 2011. In the first appeal, Wilson appeals the Lyon Circuit Court’s order dismissing the Petition for Declaration of Rights. In the second appeal, Wilson appeals the Lyon Circuit Court’s order partially granting the Respondents’ motion to dismiss.

In the order entered in the first appeal, the circuit court held that Wilson had failed to allege any facts that demonstrated a due process violation. On appeal, Wilson argues the Appellees waited forty-two days beyond their deadline before pleading or defending the action. Wilson argues that under such circumstances, the Appellees must make a showing of excusable neglect as a condition precedent to filing a document late, citing Puryear v. Greenville, 432 S.W.2d 437 (Ky.1968). Wilson argues that he raised this argument to the circuit court, but that it declined to enter a default judgment and denied his motion to strike. Wilson alleges on appeal that the circuit court abused its discretion when it denied his motion to strike. Wilson also argues that the circuit court ignored evidence of his innocence, namely his claim that the Appellees relied upon obviously fraudulent photographic [257]*257evidence depicting more than thirty pills of various types that expressly belonged to another inmate. He further argues that the circuit court improperly ignored evidence that he did not “receive” the subject package as evidenced by the lack of a signature. Finally, Wilson contends that he was denied the opportunity for due process because he was not afforded the ability to call “live witnesses” during the underlying evidentiary hearing.

Prison disciplinary proceedings are not criminal prosecutions and “the full panoply of rights due a defendant in such proceedings does not apply.” Wolff v. McDonnell, 418 U.S. 539, 556, 94 S.Ct. 2963, 2975, 41 L.Ed.2d 935 (1974). Prison disciplinary proceedings are civil, administrative actions. In Wolff, the United States Supreme Court held that procedural due process, in the context of prison disciplinary proceedings, requires: “(1) advance written notice of the disciplinary charges; (2) an opportunity, when consistent with institutional safety and correctional goals, to call witnesses and present documentary evidence in defense; and (3) a written statement by the factfinder of the evidence relied on and the reasons for the disciplinary action.” Superintendent, Mass. Correctional Institution, Walpole v. Hill, 472 U.S. 445, 454, 105 S.Ct. 2768, 2773, 86 L.Ed.2d 356 (1985).

We will first address Wilson’s claim that the Appellees waited forty-two days beyond their deadline before pleading or defending the action. Wilson argues that under such circumstances, the Appel-lees must make a showing of excusable neglect as a condition precedent to filing a document late. Our review of the case law indicates that in declaratory actions, strict rules of pleading are not followed. See Knight v. Sale, 257 S.W.2d 889, 891 (Ky. 1953), and Board of Education of Berea v. Muncy, 239 S.W.2d 471, 473 (Ky.1951)

(“The declaratory judgment statute is very liberal with respect to both procedural and judicial discretion.”) See also Osborne v. Hewitt, 335 S.W.2d 922 (Ky.1960). Thus, we disagree with Wilson’s contention that the Appellees were required to show excusable neglect for their failure to respond or defend the action and that the trial court’s ruling in this regard was an abuse of discretion. We find no abuse of discretion:

A review of the record also indicates that Wilson did not indicate in his own exhibits that he was actually going to request any witnesses to testify on his behalf. The record reflects that Wilson was offered the opportunity to send interrogatories to any potential witnesses he chose, and thus the Appellees argue that the circuit court went above and beyond the requirements of Wolff. Accordingly, Wilson received all of the procedural due process requirements he was entitled to receive.

In determining the existence of “some evidence” as required by Wolff, the analysis “does not require examination of the entire record, independent assessment of the credibility of witnesses, or weighing of the evidence.” Walpole, 472 U.S. at 455, 105 S.Ct. at 2774. With respect to this standard, the United States Supreme Court said, “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.” Id., 472 U.S. at 455-56, 105 S.Ct. at 2774.

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Bluebook (online)
430 S.W.3d 254, 2014 WL 1512450, 2014 Ky. App. LEXIS 66, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilson-v-haney-kyctapp-2014.