28 N.Y.3d 1136 (2017)

In prison disciplinary proceedings, an inmate adequately preserves a claim regarding the denial of documents or witnesses by requesting them and receiving an adverse ruling, without needing to make repeated specific objections.

Summary

The New York Court of Appeals reversed the lower courts’ decisions in Henry v. Fischer, clarifying the requirements for preserving claims in prison disciplinary hearings. The case involved an inmate, Henry, who requested documents and witnesses during his disciplinary hearing. When the hearing officer denied some of these requests, Henry was found guilty. The trial court and Appellate Division dismissed Henry’s Article 78 petition, concluding that Henry hadn’t adequately preserved his claims by specifically objecting to the denials. The Court of Appeals found that Henry had preserved his claims by making the requests and receiving unfavorable rulings, without a need for further objections. The Court found this adequate and ordered the case remanded.

Facts

Jevon Henry, an inmate, faced disciplinary charges for a gang-related assault. At the hearing, Henry requested specific documents, including incident reports and logbook entries, and the testimony of several correction officers and inmates. The hearing officer denied some of these requests. Henry was found guilty and given a two-year sentence in the special housing unit. Henry appealed administratively, arguing he was denied access to requested documents and the hearing officer did not provide an explanation for one inmate’s refusal to testify. When the administrative appeal was denied, Henry initiated an Article 78 proceeding, which the trial court dismissed on the ground that Henry had failed to preserve the issues he sought to raise by proper objection at the hearing. The Appellate Division affirmed.

Procedural History

The case began with a tier III disciplinary hearing against inmate Jevon Henry, at the Greene Correctional Facility. The hearing officer denied some of Henry’s requests for documents and witnesses. Henry was found guilty, prompting an administrative appeal and, subsequently, an Article 78 proceeding in Supreme Court. The Supreme Court dismissed the petition, a decision upheld by the Appellate Division. The New York Court of Appeals then granted leave to appeal and reversed the lower courts.

Issue(s)

1. Whether an inmate, who requested specific documents and witnesses during a prison disciplinary hearing, adequately preserves his claims regarding the denial of those requests for judicial review by making those requests and receiving adverse rulings without further, specific objections at the hearing?

Holding

1. Yes, because the inmate adequately preserved the claims by making the requests and receiving adverse rulings, without needing to make specific objections.

Court’s Reasoning

The court referenced the due process protections afforded to inmates in disciplinary proceedings, as established in Wolff v. McDonnell, and further clarified in Matter of Laureano v Kuhlmann, noting the right to call witnesses and present evidence. The Court of Appeals emphasized that Henry made the requests for documents and witnesses and the hearing officer denied those requests. Thus, the court held that the lower courts erred in concluding that Henry’s failure to make further specific objections at the hearing constituted a failure to preserve those rulings for judicial review. In doing so, the court noted that, “In sum, the record shows that Henry plainly requested access to specific documents and witnesses, and the Hearing Officer denied some of those requests.”

Practical Implications

This decision clarifies how to preserve claims in prison disciplinary hearings in New York. This means attorneys representing inmates should focus on ensuring their clients’ requests for documents and witnesses are clearly made and that they receive adverse rulings. Specific objections to these rulings during the hearing are unnecessary. The ruling has a significant impact on how similar cases are approached by attorneys. It changes the standard for preserving claims in prison disciplinary hearings, thus preventing procedural dismissal based on lack of specific objections. Furthermore, it underscores the importance of clearly documenting requests and rulings during the hearing process. The holding is also important because it reinforces inmates’ due process rights, which are a matter of public policy.