Gustus v. Fischer

Summary

The New York Appellate Division, Third Department held that a second prison disciplinary proceeding was barred by res judicata because both misbehavior reports arose from the same altercation and the necessary information was available before the first hearing. The court reversed, annulled the determination on the second report, and directed expungement of references to it from the petitioner’s institutional record.

Holdings

1. Under New York's transactional analysis approach, res judicata barred the second disciplinary hearing because both misbehavior reports concerned the same April 17, 2007 incident and all information necessary to support the second charges was available before the first hearing began.
2. The second disciplinary determination was annulled, and respondent was directed to expunge all references to it from petitioner's institutional record.

Questions Presented

1. Whether a second prison disciplinary proceeding based on the same altercation was barred by res judicata when the information supporting the second charges was available before the first disciplinary hearing commenced.
2. Whether the second disciplinary determination should be annulled and references to it expunged from petitioner's institutional record.

Disposition

reversed