Hurns v. Miss. Dep't. of Corrections
| Docket Number: | 2002-CP-01895-COA Linked Case(s): 2002-CP-01895-COA ; 2002-CT-01895-SCT ; 2002-CP-01895-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 03-02-2004 Opinion Author: King, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Reclassification of prisoner status - Erroneous factual findings - Legal standard - Additional factual allegation - First Amendment claim - Administrative proceedings Judge(s) Concurring: Southwick, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ. Non Participating Judge(s): McMillin, C.J. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - STATE BOARDS AND AGENCIES |
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| Trial Court: |
Date of Trial Judgment: 08-30-2002 Appealed from: SUNFLOWER COUNTY CIRCUIT COURT Judge: Richard Smith Disposition: DISMISSAL OF APPEAL OF GRIEVANCE COMPLAINT Case Number: 2002-0472-CI |
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| Party Name: | Attorney Name: | |||
| Appellant: | VICTOR HURNS |
PRO SE |
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| Appellee: | MISSISSIPPI DEPARTMENT OF CORRECTIONS, ET AL. | OFFICE OF THE ATTORNEY GENERAL BY: JANE L. MAPP |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Reclassification of prisoner status - Erroneous factual findings - Legal standard - Additional factual allegation - First Amendment claim - Administrative proceedings |
| Summary of the Facts: | Victor Hurns filed a grievance with the Mississippi Department of Corrections Administrative Remedy Program, asserting that his prisoner status was wrongfully reclassified. The grievance was denied, and he sought judicial review. The circuit court dismissed the action, and Hurns appeals. |
| Summary of Opinion Analysis: | Issue 1: Erroneous factual findings Hurns argues that the court made erroneous factual findings. The court's order stated that Hurns was initially placed in administrative segregation pending an investigation on October 4, 2001, but the correct date was December 4, 2001. Additionally the court's order stated that Hurns was reclassified to D custody status on December 4, 2001, but the correct date was December 6, 2001. If an error in an order is such that it can be plainly seen to be a typographical error that did not effect the law or facts applied to a case, it is not grounds to reverse. Here, the specific dates the court referred to had no bearing on its adjudication. Issue 2: Legal standard The court found there was no cause of action stated under the Fourteenth Amendment to the U.S. Constitution. Hurns argues that the court applied an incorrect legal standard, because he asserted this claim of arbitrary and capricious action under the Eighth Amendment. A prisoner's Eighth Amendment rights are only infringed upon by extreme deprivation outside the normal bounds of society. Here, there is nothing that could possibly rise to such a level. Issue 3: Additional factual allegation Hurns argues that the court erred in stating that he asserted a due process claim in contending that his liberty interests were infringed upon. However, the court stated that prisoners have no constitutionally protected liberty or property interest per se in their classification under the due process clause. This sentence correctly states the law. Issue 4: First Amendment claim Hurns asserted that the more restrictive custody status infringed upon his rights arising under the First Amendment. Absent a showing of arbitrariness in classification, no First Amendment claim arises. Here, Hurns failed to assert facts supporting such a showing. Issue 5: Administrative proceedings Hurns argues that the MDOC failed to present evidence adequate to support his reclassification. However, his own pleadings admit that an administrative hearing was held, that an investigation was conducted, and that relevant evidence was presented at the hearing. This procedure is all that was due. |
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