Jerome Allen Bargo v. Raymond Naylor, et al.
DueProcess Punishment
Did the Eighth Circuit err in holding that Bargo's CVSA tests results constituted 'some evidence' to support disciplinary action, even though the results were contradictory on its face and unsupported by any other evidence?
QUESTIONS PRESENTED Petitioner Jerome Allen Bargo (hereafter “Bargo”), a state prisoner, was compelled by Respondents to take a Computerized Voice Stress Analysis (“CVSA”) test. The results were contradictory on its face. Nevertheless, based solely upon the flawed CVSA results, Bargo was charged with and convicted of rule violations and severely punished. Sanctions included, inter alia, assignment to an outdoor punitive detail — in contravention of a medical restriction -— where he was deprived of access to toilets, personal essential safety equipment, subjected to and bullied by inmates placed in positions of power and authority over him, forced to perform labor and maintain pace beyond his physical capacity, suffering excruciating pain and degradation. The questions presented are: 1. Did the Eighth Circuit err in holding that Bargo’s CVSA tests results constituted “some evidence” to support disciplinary action, even though the results were contradictory on its face and unsupported by any other evidence? 2. Did the Eighth Circuit err in holding that the work-conditions : failed to violate the Eighth Amendment because Bargo was not harmed and there was no precedent specifically “requiring prison officials to provide outdoor toilets, hand sanitizers, or gloves”? i + PARTIES 1. Petitioner Jerome Allen Bargo is a state prisoner at Varner Unit, Arkansas Department of Correction (hereafter “ADC”) 2. Respondent Wendy Kelley is Director of ADC. 3. Respondent Randall Watson, at all times relevant to this action, was Warden at Varner Unit, ADC. 4, Respondent Jeremy Andrews, at all times relevant to this action, was . Deputy Warden at Varner Unit, ADC. : 5. Respondent Raymond Naylor is Disciplinary Hearing Administrator, ADC. : . 6. Respondent Thomas Roland is Internal Affairs Officer, ADC. 7. Respondent Keith Waddle is Disciplinary Hearing Officer, ADC. 8. Respondent Gladys Evans is supervisor, Varner Unit Library, ADC. . 9. Respondent Jimmy Phillips, at all times relevant to this action, was Correctional Captain, Varner Unit Field Utility and Hoe Squad, ADC. 10. Respondent Ojiugo Iko, Medical Doctor, Corizon, Inc., at all times relevant to this action, was medical provider at Varner Unit, ADC. i )