Appellant failed to demonstrate a violation of due process
because he received advance written notice of the charges and a written
statement of the evidence relied upon and the reasons for disciplinary
action, and he was provided a qualified right to call witnesses and present
evidence. Wolff v. McDonnell, 418 U.S. 539, 563-69 (1974). The recording
of the disciplinary hearing indicates that appellant declined to present
witnesses. Further, appellant failed to demonstrate he was illiterate or
that complex issues were involved, and therefore, he failed to demonstrate
that he should have received the help of inmate counse1. 3 Id. at 570.
Some evidence supports the decision by the prison disciplinary hearing
officer, Superintendent v. Hill, 472 U.S. 445, 455 (1985), and therefore,
appellant failed to demonstrate that he was entitled to relief. Accordingly,
we
ORDER the judgment of the district court AFFIRMED.
J.
Saitta
Gibbons
...continued
686 P.2d 250 (1984); see also Sandin v. Conner, 515 U.S. 472, 486 (1995)
(holding that a liberty interest protected by the Due Process Clause will
generally be limited to freedom from restraint which imposes an atypical
and significant hardship on the inmate in relation to the ordinary
incidents of prison life).
3 We further note that appellant declined the assistance of inmate
counsel at the disciplinary hearing.
SUPREME COURT
OF
NEVADA
2
(0) (947A AFIDA.
cc: Hon. Steve L. Dobrescu, District Judge
Jason Gall
Attorney General/Carson City
Attorney General/Ely
White Pine County Clerk
SUPREME COURT
OF
NEVADA
3
(0) 1947A