Parkinson v. Selsky

Summary

The New York Appellate Division reviewed a prison disciplinary determination finding that the petitioner assaulted correction officers and resisted their control. The court held that substantial evidence supported the determination and rejected challenges concerning witness testimony, hearing restrictions, the incomplete transcript, inadequate assistance, and Hearing Officer bias, confirming the determination and dismissing the petition.

Holdings

1. The disciplinary determination was supported by substantial evidence, including the misbehavior report, unusual incident reports, and correction-officer testimony.
2. The Hearing Officer did not abuse his discretion by refusing cumulative, irrelevant, or impeachment-only testimony, or by limiting further testimony after hearing or seeking testimony from nearly 30 witnesses.
3. The Hearing Officer properly took the inmate's testimony outside petitioner's presence to preserve institutional safety.
4. The missing portion of the transcript did not require reversal because the record remained sufficient for meaningful appellate review.
5. Any initial inadequacy in assistance did not warrant reversal because the Hearing Officer remedied it by providing the requested documents, excluding only nonexistent or irrelevant materials, and granting additional review time.
6. The record did not establish Hearing Officer bias or that the determination resulted from anything other than the evidence of petitioner's guilt.

Questions Presented

1. Whether substantial evidence supported the finding that petitioner committed the charged assaults and related misconduct.
2. Whether the Hearing Officer improperly limited, denied, or conducted witness testimony.
3. Whether the missing portion of the hearing transcript deprived petitioner of meaningful appellate review.
4. Whether inadequate prehearing assistance required reversal despite later corrective measures.
5. Whether the Hearing Officer was biased or the determination was otherwise improperly motivated.

Disposition

dismissed