Elvert S. Briscoe, Jr. v. Annette Chambers-Smith, Director, Ohio Rehabilitation and Correction, et al.
AdministrativeLaw DueProcess Punishment
Can an action by a prison disciplinary hearing that is a violation of the First Amendment, Eighth Amendment, or Equal Protection Clause give a liberty interest or is 'atypical and significant hardship'?
QUESTIONS PRESENTED Liberty Interest 1. Can an action by a prison disciplinary hearing that is a violation of the First Amendment, Eighth Amendment, or Equal Protection Clause give a liberty interest or is "atypical and significant hardship"? Sandin_ v. Connor, 515 U.S. 472 (1995). Eighth Amendment 2. When under “cloak" of an apparent security measure, that leads to pain and injury, is argued excessive force in "bad faith," or from another constitutional violation, or was totally without penological justification able to state a claim and survive dismissal under 28 U.S.C. § 1915(e)(2)(B)? 3. Can a claim of intentional guilt of a knowingly false and retaliatory disciplinary charge, that leads to punitive awkward specialized handcuffing for several hours that causes pain and injury, that is argued excessive force in "bad faith" or totally without penological justification able to state a claim and survive dismissal under 28 U.S.C. § 1915(e)(2)(B)? Whitley v. Albers, 475 U.S. 312 (1982); Hudson v. McMillian, 503 U.S. 1 (1992); Hope v, Pelzer, 536 U.S. 730 (2002). a / 4 : . Equal Protection 4, Is the Sixth Circuit's ruling that "similarly situated" must be “similarly situated in all respects" and the determination of a relevant factor contrary to or in conflict with this Court or other Circuit Courts on probative comparators? Nordlinger v. Hahn, 505 U.S. 1 (1992); Miller-El v. Dretke, 545 U.S. 231 (2005). 5. When a prison intentionally denies to investigate a claim of a retaliatory set up by an inmate, but investigates a claim of a set up by the retaliating inmate for illegitimate reasons, is that action a violation of equal protection? . 6. Can the Court clarify Olech class of one claims and if "subjective ill will" “irrational and wholly . arbitrary," or a pretextual action? Olech v. Willowbrook, 160 F.3d 386 (CA7 1998), aff'd other grounds Willowbrook v. Olech, 528 U.S. 562 (2000).