Denny v. Schultz, No. 11-1450 (3d Cir. 2013)
Annotate this CaseDenny, an inmate at the Fairton, New Jersey, Federal Correctional Institution, was punished with 60 days of disciplinary segregation and forfeiture of 40 days of good time credit after a “shank” was found in a vent between the cell he shared with another inmate and another cell. The Disciplinary Hearing Officer found that Denny possessed weapons in violation of a prison regulation. Denny sought a writ of habeas corpus, 28 U.S.C. 2241 arguing that prison officials violated his Fourteenth Amendment due process rights. The district court sua sponte dismissed the petition. The Third Circuit affirmed, noting the affirmative responsibility, of which the inmates were on notice, that they were to keep their “area” free from contraband. The mere discovery of contraband in a shared cell constitutes “some evidence” that each prisoner in that cell possessed the contraband.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.