Due Process

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7^th Circuit Court of Appeals

Case Name: Terrance Prude v. Anthony Meli

Case No.: 21-1320

Officials: Scudder, St. Eve, and Lee, Circuit Judges.

Focus: Due Process

Prude, who was serving a sentence of 80 years, provided assistance to a friend and fellow inmate in successfully pursuing a civil rights lawsuit against their Wisconsin prison. As a token of appreciation for his aid, Prude’s friend sent him $10,000 from the $40,000 damages award, which Prude intended to use for securing legal representation for his own appeal. However, the prison’s Security Director, named Meli, labeled the monetary transaction as the result of an illicit business arrangement. Subsequently, Meli confiscated the funds under the guise of contraband, initiating an investigation. Following this inquiry, Meli charged Prude with various violations of the Wisconsin Administrative Code, including allegations of dishonesty, unauthorized use of the mail, threats, as well as engaging in enterprises and fraud.

Prude then underwent a disciplinary hearing and was ultimately found guilty, leading to the permanent forfeiture of the $10,000. Despite Meli’s role as an investigating officer, which should have necessitated his recusal from the hearing process, Prude claims that Meli effectively dominated the proceedings, steering the actions of the hearing officer, Westra, to ensure an outcome of guilt and to obstruct Prude’s chances of reclaiming his money.

Despite clear indications through statements from both Meli and Westra before and during the hearing that seemed to indicate a predetermined course of action, the district court initially dismissed Prude’s allegations against Westra during the screening phase. Later on, the court granted Meli summary judgment on all remaining claims. However, the Seventh Circuit overturns these decisions. The evidence present in the record reasonably supports the notion of a violation of due process, thereby warranting a reassessment of Prude’s case.

Affirmed in Part, reversed in part, and remanded

Decided 08/07/23

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