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Abstract: 

Prison discipline does have a due process format. It does not, however, generate due process outcomes. At a minimum a due process claim (essential fairness) would include timely, comprehensible notice of the charges, an opportunity to prepare a defense with some aid as needed, an impartial decision-maker, an outcome supported by credible evidence, and an opportunity to appeal a written verdict and sanction. Of course this would take precious time, and that’s one reason these decisions are pro forma. In this brief article, we examine the case of Talley v. Clark, 2021 WL 1400911 (3d. Cir.), in which a pro forma disciplinary hearing that resulted in extended isolation for plaintiff does not appear to meet even the minimal due process standards the courts generally expect.

Keywords: Talley v. Clark

Affiliations:  1: Executive Editor.