26 N.Y.3d 56 (2015)

A hearing officer presiding at an inmate’s disciplinary hearing violates the inmate’s right to call witnesses by failing to undertake a meaningful inquiry into a requested witness’s allegation that the witness had been coerced into refusing to testify in a related proceeding.

Summary

In this case, Cortorreal, an inmate, was charged with a disciplinary violation. During the hearing, several requested inmate witnesses refused to testify. One witness provided an affidavit alleging he was coerced into refusing to testify at a prior hearing. The hearing officer did not adequately investigate this claim of coercion. The New York Court of Appeals held that when a requested witness claims coercion, a hearing officer must conduct a meaningful inquiry into the allegation. The court reversed the lower court’s decision, finding that the hearing officer’s failure to investigate violated Cortorreal’s right to call witnesses and ordered the expungement of the disciplinary action from Cortorreal’s record.

Facts

Cortorreal, while incarcerated at Sing Sing, was charged with violating prison disciplinary rules after marijuana was found in a waste container near his work area. He requested testimony from ten inmate witnesses, eight of whom refused to testify. One of the refusing witnesses provided an affidavit stating he was coerced by a correction officer into not testifying at a prior hearing regarding the same incident. The hearing officer did not personally interview the witness or the alleged coercing officer. After the disciplinary hearing, the hearing officer found Cortorreal guilty. The lower courts upheld the decision, but the Court of Appeals reversed, finding the hearing officer failed to adequately investigate the claim of coercion.

Procedural History

Cortorreal was found guilty at the initial Tier III disciplinary hearing, but this was overturned. A rehearing commenced before a different hearing officer at another facility, and Cortorreal was again found guilty. Cortorreal challenged the determination through an Article 78 proceeding in Supreme Court, which was dismissed. The Appellate Division affirmed. The Court of Appeals granted leave to appeal.

Issue(s)

1. Whether a requested inmate witness who states only that they “do not wish to testify” provides a sufficient “reason” for refusing to testify under the regulations.

2. Whether the hearing officer conducted a sufficient inquiry into an allegation of coercion by a witness who refused to testify.

Holding

1. No, because the court held that a statement of not wishing to testify is a valid reason under the regulations.

2. Yes, because the hearing officer failed to make a meaningful inquiry into the witness’s claim of coercion.

Court’s Reasoning

The court addressed two issues. First, it held that a simple statement by an inmate witness that they do not wish to testify constitutes a valid reason under 7 NYCRR 254.5(a). The court reasoned that the focus should be on whether the manner of refusal signifies coercion. Second, the court held that when a hearing officer is presented with an affidavit claiming coercion, the officer has a duty to conduct a “meaningful inquiry.” The court emphasized that the failure to adequately investigate the claim of coercion violated the inmate’s right to call witnesses, as the hearing officer did not attempt to verify the claim of coercion by the officer.

Practical Implications

This case clarifies the obligations of hearing officers in prison disciplinary proceedings when faced with allegations of witness coercion. Hearing officers must now take affirmative steps to investigate such claims. Legal practitioners should advise their clients that a simple refusal to testify can be valid, and should also understand that an allegation of coercion, if not adequately investigated, can result in the reversal of a guilty finding. Furthermore, this case emphasizes that transferring an inmate does not eliminate the taint of any coercion that occurred previously.