Collateral Review

By: Derek Hawkins//April 26, 2016//

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Collateral Review

Case Name: Curtis T. Ellison v. Dushan Zatecky

Case No.: 15-1884

Officials: WOOD, Chief Judge, and POSNER and WILLIAMS, Circuit Judges

Inmate not given opportunity to defend against allegations of controlled substance possession.

“The issue here is not whether Officer Bynum’s conduct report provided a sufficient basis to find Ellison guilty, since a hearing officer’s decision need only rest on “some evidence” logically supporting it and demonstrating that the result is not arbitrary. See Superintendent, Mass. Corr. Inst. v. Hill, 472 U.S. 445, 454 (1985); Webb v. Anderson, 224 F.3d 649, 652 (7th Cir. 2000). But when a prisoner contends that he was denied access to evidence necessary to defend against a disciplinary charge, his claim is properly understood as “one of procedural due process rather than sufficiency of the evidence.” Viens v. McDaniel, 871 F.2d 1328, 1336 n.2 (7th Cir. 1989).”

Vacated and Remanded

Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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