Jason E. Waybright v. David Ballard, Warden

Summary

The Supreme Court of Appeals of West Virginia affirmed the dismissal of Jason E. Waybright’s habeas corpus petition challenging his prison disciplinary conviction. The court held that strict compliance with the prison’s policy directive was not required where the proceeding satisfied applicable due process standards, rejected his equal protection claim, and concluded that he had no right to have the charge reduced to a lesser disciplinary violation. The decision was issued as a memorandum decision under Rule 21 of the West Virginia Rules of Appellate Procedure.

Holdings

1. Strict compliance with Policy Directive 325.00 was not required because the directive was a procedural guideline and did not create a liberty or property interest greater than otherwise provided by law.
2. Waybright had no right to have the charge reduced to a lesser disciplinary violation where sufficient evidence supported multiple violations and the State could choose which violation to prosecute.
3. The disciplinary proceeding satisfied applicable due process requirements, and the habeas petition was properly dismissed.
4. Waybright's equal protection claim was disregarded because it was not adequately supported by specific references to the appellate record.

Questions Presented

1. Whether strict compliance with Policy Directive 325.00 was required to sustain Waybright's prison disciplinary conviction.
2. Whether Waybright had a right to have the charge reduced to the lesser disciplinary violation of physical contact.
3. Whether the unequal length of Waybright's sanction supported an equal protection claim.
4. Whether the disciplinary proceeding satisfied the due process standards applicable to inmate disciplinary proceedings.

Disposition

affirmed