When will a court determine whether an inmate has been deprived of due process during a disciplinary hearing?

MultiRegion, United States of America

The following excerpt is from Valdez v. Pickett, No. 2:20-cv-0134 WBS DB P (E.D. Cal. 2021):

When determining whether an inmate has been deprived of due process during a disciplinary hearing, the court considers the hearing requirements laid out in Wolff v. McDonnell, 418 U.S. 539 (1974). The Wolff procedural due process requirements are: (1) advance, written notice of violation; (2) provision of at least 24 hours to prepare for committee appearance; (3) written statement of fact-finding; (4) the right to present witnesses and evidence where it would not be unduly hazardous to institutional safety; (5) an impartial decision-making body, and (6) assistance if inmate is illiterate or if issues are complex. Wolff, 418 U.S. at 564-70; see generally Hanrahan, 747 F.2d at 1140. These requirements protect prisoners from "arbitrary actions extinguishing their privileges." Hanrahan, 747 F.2d at 1140 (citation omitted).

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