McLaughlin v. Pallito
Annotate this CaseCan a prison superintendent order a second administrative hearing when a hearing panel finds a prisoner not guilty of violating a prison rule at an initial hearing because of a clerical mistake in the prison’s evidence? Petitioner, an inmate in Vermont State prison charged with fighting, appealed summary judgment decision validating a superintendent’s authority to order a second hearing under these factual circumstances. The hearing officer found petitioner not guilty of the charged violation. The disciplinary committee unanimously agreed with the hearing officer. The superintendent then ordered a new hearing on the charge against petitioner. As he did in his motion for summary judgment, petitioner argues on appeal that the principle of collateral estoppel operates to bar a second hearing on the charge that was tried in his initial hearing. While the Supreme Court was unwilling to rule broadly on the superintendent’s power to order a new hearing, the Court held that the new hearing ordered here was appropriate when it was clear that the original decision was based on a mistake in the recording of the date of the incident underlying the disciplinary action.
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