Is a hearing officer's failure to provide counsel to a defendant in a disciplinary proceeding harmless?
MultiRegion, United States of America
The following excerpt is from Grant v. Fischer, 17-1283-pr (2nd Cir. 2019):
Moreover, any violation of a prisoner's "qualified right" to assistance in "marshaling evidence and presenting a defense" at a prison disciplinary hearing is reviewed for "harmless error." Pilgrim v. Luther, 571 F.3d 201, 206 (2d Cir. 2009). In this case, defendant failed to identify any witness or defense he would have offered had the assistance he received, or the hearing officer's conduct, been different. Any error in the disciplinary proceedings was therefore harmless.
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