Diaz v. Fischer

Summary

The court annulled a prison disciplinary determination finding Diaz guilty of assaulting staff and related violations. It held that the hearing officer violated Diaz’s constitutional right to call witnesses by denying testimony from an Inspector General’s investigator and a psychologist when their testimony could have been material to his defense. The court ordered expungement of all references to the matter from Diaz’s institutional record.

Holdings

1. The Hearing Officer violated Diaz's constitutional right to call witnesses by excluding potentially material testimony from the Inspector General's investigator and the psychologist for reasons unrelated to institutional safety or correctional goals.
2. Expungement was the appropriate remedy because the denial of witness testimony violated Diaz's constitutional right to call witnesses, rather than merely a statutory right.

Questions Presented

1. Whether the Hearing Officer violated Diaz's constitutional right to call witnesses by denying testimony from an Inspector General's investigator and a psychologist whose testimony could have been material to his defense.
2. Whether the appropriate remedy for the constitutional denial of witnesses was expungement of the disciplinary determination.

Disposition

annulled