Matter of Baher v. Rodriguez

Summary

The Appellate Division, Third Department reviewed a CPLR article 78 proceeding challenging a prison disciplinary determination. The court found substantial evidence supported the finding of guilt and rejected the petitioner’s documentary-evidence claim, but held that the 30-day segregated-confinement penalty violated the HALT Act because the required findings were not made. The court annulled the segregated-confinement portion of the penalty and remitted the matter for redetermination of the penalty.

Holdings

1. The misbehavior report, hearing testimony, confidential testimony considered in camera, documentary evidence and video recording provide substantial evidence to support the determination of guilt.
2. Petitioner was not prejudiced by not receiving copies of the unusual incident report and memoranda because they were read into the record.
3. The penalty violated the HALT Act because the Hearing Officer did not make the requisite findings necessary to impose more than three consecutive days of segregated confinement.

Questions Presented

1. Whether the determination of guilt is supported by substantial evidence
2. Whether petitioner was improperly denied documentary evidence
3. Whether the imposed penalty of 30 days in segregated confinement violated the Humane Alternatives to Long-Term Solitary Confinement Act (HALT Act)

Disposition

reversed_and_remanded