No. 18-7762

Douglas Fauconier v. Harold W. Clarke, Director, Virginia Department of Corrections, et al.

Lower Court: Fourth Circuit
Docketed: 2019-02-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: administrative-procedure burden-of-proof civil-rights constitutional-rights due-process legitimate-penological-interests penological-interests prison-regulation prison-regulations prisoner-rights
Key Terms:
SocialSecurity
Latest Conference: 2019-03-15
Question Presented (AI Summary)

What minimum showing of proof must prison officials establish on the record, to meet their initial burden of proof, in demonstrating that a prison regulation which impinges on prisoners' constitutional rights is reasonably related to legitimate penological interests?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. What minimum showing of proof must prison officials establish on the record, to meet their initial : burden of proof, in demonstrating that a prison regulation which impinges on prisoners’ constitutional rights is reasonably related to legitimate penological interests? PARTIES The petitioner is Douglas L. Fauconier, a prisoner at Augusta Correctional Center (ACC), 1821 Estaline Valley Road, Craigsville, Virginia 24430. The respondents are Harold Clarke, the Director of the Virginia Department of Corrections (VDOC); David Robinson, the Chief of Corrections Operations of VDOC; John Woodson, Warden of ACC; and, T. McDougald, Publication Review Committee.

Docket Entries

2019-03-18
Petition DENIED.
2019-02-28
DISTRIBUTED for Conference of 3/15/2019.
2019-02-15
Waiver of right of respondents Harold Clarke, et al. to respond filed.
2018-04-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 7, 2019)

Attorneys

Douglas Fauconier
Douglas Fauconier — Petitioner
Douglas Fauconier — Petitioner
Harold Clarke, et al.
Toby Jay HeytensOffice of the Attorney General, Respondent
Toby Jay HeytensOffice of the Attorney General, Respondent