James Benjamin Barstad v. Washington Department of Corrections, et al.
AdministrativeLaw SocialSecurity DueProcess Takings JusticiabilityDoctri
When does the repeated imposition of 'temporary' restrictions become unconstitutional?
QUESTIONS PRESENTED 1) When STATE OF WASHINGTON repeatedly imposes sanctions back-to-back, i.e., when “temporary'' restrictions become perpetual through various schemes, is it equitable to then allow Sandin v. Conner to preclude any/all inmate claims? 2) Is pmishing inmates, who are acting -aecorrectly, for the misdeeds of other inmates equitable and in agreement with penological objectives, especially wnen said punishment is imposed in an arguably unconstitutional manner, i.e., racially, arbitrarily and capriciously? 3) Should STATE OF WASHINGTON be allowed to continue the use of a Policy that is not authorized by statute, especially when it is applied in an arguably unconstitutional manner? 4) What exactly is the minimum due process required when an inmate loses merely “privileges, the question left open by this Court in Baxter v. Palmigiano? 5) Did STATE OF WASHINGTON breach their Contract with the Plaintiff, JamesBenjamin; Barstad®, subjecting them to the damages set forth in said Contract?