Mixon v. Enlers, et al.
| Docket Number: | 2011-CP-00626-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 05-29-2012 Opinion Author: Barnes, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Rules Violation Report - Due process - Liberty interest - Property right Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Carlton, Maxwell, Russell and Fair, JJ. Nature of the Case: CIVIL - STATE BOARDS AND AGENCIES |
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| Trial Court: |
Date of Trial Judgment: 03-22-2011 Appealed from: Greene County Circuit Court Judge: Dale Harkey Disposition: DECISION OF ADMINISTRATION REMEDY PROGRAM AFFIRMED Case Number: 2011-035(3) |
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| Party Name: | Attorney Name: | |||
| Appellant: | David Mixon |
PRO SE |
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| Appellee: | Capt. Nina Enlers Disciplinary Hearing Officer, and Ronald King, Superintendent SMCI | OFFICE OF THE ATTORNEY GENERAL: R. STEWART SMITH JR. |
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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: | Rules Violation Report - Due process - Liberty interest - Property right |
| Summary of the Facts: | David Mixon, a prisoner in the custody of the Mississippi Department of Corrections, filed a petition to show cause in circuit court, alleging a violation of due process in the MDOC’s disciplinary proceedings. The circuit court affirmed the MDOC’s denial of relief through its Administrative Remedy Program. Mixon appeals. |
| Summary of Opinion Analysis: | Mixon was issued a Rules Violation Report for his refusal to obey a guard’s order. Mixon continued to beat on his cell door after being directed to stop. Mixon argues that he was deprived of his due-process rights by the lieutenant’s refusal to take his statement and her failure to conduct a reasonable investigation. He also claims that his RVR was illegible and that he was entitled to a legible copy of it prior to his hearing. As a result of being found guilty of the rules violation, Mixon merely lost privileges for thirty days, which is not a property right that would constitute a violation of his constitutionally protected liberty interest. Claims by inmates regarding radio and television privileges do not pertain to federal constitutional rights. In addition, Mixon was made aware of the charge against him when he was issued the RVR, even though the MDOC admits the copy was not very good. |
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