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10-3392 Jones v. Cross

By: WISCONSIN LAW JOURNAL STAFF//April 19, 2011//

10-3392 Jones v. Cross

By: WISCONSIN LAW JOURNAL STAFF//April 19, 2011//

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Prisons
Prison discipline

Specific intent is not an element in a prison disciplinary proceeding.

“Jones argues that his lack of access to the evidence prevented him from presenting what he calls his actual innocence defense. As noted above, according to Jones, he is not guilty of assault because he lacked the specific intent required for assault—the intent to cause physical injury. But lack of specific intent is not a valid defense to assault in the context of a prison disciplinary action. Nor is self-defense, which may better describe Jones’s defense.”

“Intent to do harm is an element of both criminal assault and common law tortious assault. See 6A C.J.S. Assault § 81 (2011) (‘intent to injure or to cause a reasonable apprehension of bodily injury is an essential element of [criminal] assault’); RESTATEMENT (SECOND) OF TORTS § 21 (1965) (liability for tortious assault requires intent “to cause a harmful or offensive contact . . ., or an imminent apprehension of such a contact”). However, Jones was neither convicted of criminal assault, nor held civilly liable for assaulting Loftus. Rather, he was found to have violated section 224 of 28 C.F.R. § 541.3, the BOP’s prohibition on inmates ‘assaulting any person.’ Jones presents no argument that section 224 should be interpreted to incorporate the common law definition of assault. And an analysis of that section suggests that the BOP did not intend such a reading of the regulation.”

Affirmed.

10-3392 Jones v. Cross

Appeal from the United States District Court for the Southern District of Illinois, Herndon, J., Flaum, J.

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