Matter of Tigner v. Rodriguez

Summary

The Appellate Division, Third Department, confirmed a prison disciplinary determination finding Derrick Tigner guilty of refusing a direct order, making threats, and refusing a search or frisk. The court held that substantial evidence supported the determination and rejected or found unpreserved Tigner’s claims concerning retaliation, witness testimony, and the hearing transcript.

Holdings

1. The misbehavior report and hearing testimony from the correction officer, an inmate eyewitness, and petitioner constituted substantial evidence supporting the determination of guilt.
2. Petitioner's claim that the misbehavior report was written in retaliation for his complaint presented a credibility issue for the Hearing Officer to resolve and did not require reversal.
3. The Hearing Officer properly denied petitioner's request for testimony from the correction captain who investigated his complaint because the complaint was not received until after the misbehavior report had been issued, making the testimony irrelevant.
4. The record did not indicate that the hearing transcript was deliberately altered or that significant portions were missing such that meaningful review was precluded.

Questions Presented

1. Whether substantial evidence supported the prison disciplinary determination.
2. Whether petitioner's retaliation claim required reversal of the determination or presented only a credibility issue for the Hearing Officer.
3. Whether the Hearing Officer properly denied petitioner's request for testimony from the correction captain who investigated his complaint.
4. Whether the hearing transcript was so altered or incomplete that meaningful appellate review was precluded.
5. Whether petitioner's remaining preserved claims warranted relief.

Disposition

affirmed