Annamalai Annamalai v. Eric Emmerich

Summary

The United States District Court for the Western District of Wisconsin denied Annamalai Annamalai’s amended 28 U.S.C. § 2241 petition challenging disciplinary proceedings at FCI Oxford. The court held that the challenge to one incident report was moot and that the other disciplinary proceeding satisfied due process, was supported by some evidence, and did not result from retaliation. The court also denied the petitioner’s request for a status hearing and oral argument, granted in part his motion to amend that request, and directed the clerk to close the case.

Holdings

1. The challenge was moot because the report had been dismissed and expunged, no good-conduct time had been lost because of it, and the court could grant no further meaningful relief.
2. The disciplinary proceeding satisfied procedural due process because Annamalai received advance written notice, had an opportunity to call witnesses and present documentary evidence, and received a written decision supported by some evidence.
3. Annamalai failed to establish First Amendment retaliation because the record did not show that the reporting officer acted because of Annamalai's litigation, and the report was supported by the legitimate reason that Annamalai violated prison telephone-use policy.

Questions Presented

1. Whether Annamalai's challenge to the dismissed and expunged incident report remained a live Article III controversy.
2. Whether the disciplinary proceedings concerning the second incident report violated procedural due process by providing inadequate notice, limiting witnesses and documentary evidence, or lacking evidentiary support.
3. Whether the disciplinary report was issued in retaliation for Annamalai's protected state-court litigation.

Disposition

dismissed