Tucker v. United States

Summary

The United States District Court for the Eastern District of Virginia granted summary judgment to the respondent and dismissed Doron Tucker’s 28 U.S.C. § 2241 petition with prejudice. Tucker challenged the loss and forfeiture of good conduct credits following a Bureau of Prisons disciplinary proceeding, alleging inadequate notice and insufficient evidence. The court held that Tucker received the due process protections required for the deprivation of good time credits and that the disciplinary findings were supported by some evidence.

Holdings

1. The BOP provided constitutionally sufficient notice even though the DHO found Tucker committed a similar prohibited act different from the offense code identified in the notice, because the finding was based on the same conduct described in the incident report, Tucker identified no evidence he would have offered uniquely in response to the amended charge, and the charges carried the same severity level and sanctions.
2. Tucker received the minimum procedural protections required by due process: advance written notice, a neutral and detached hearing body, an opportunity to call witnesses and present documentary evidence, an opportunity for non-attorney representation, and a written decision explaining the evidence relied upon and the reasons for the sanction.
3. The BOP's disciplinary findings satisfied due process because they were supported by some evidence in the record and had a basis in fact.

Questions Presented

1. Whether the BOP violated Tucker's procedural due process rights by providing notice of one prohibited act but finding him guilty of a similar prohibited act based on the same conduct.
2. Whether the BOP's disciplinary findings were supported by some evidence as required by the Due Process Clause.
3. Whether Respondent was entitled to summary judgment on Tucker's § 2241 petition.

Disposition

dismissed