Bryan H. Brown v. New Hampshire
AdministrativeLaw DueProcess
Whether the court arbitrarily denied the petitioner's state-created right to earned-time-credits
QUESTION PRESENTED It has been long established that a State statute that provides for good time credits upon stipulated conditions confers upon prison inmates, creates a liberty interest protected by the due process clause of the . fourteenth Amendment. Wolff v. McDonnell, 418 U.S. 539, 556-72 (1974). "The touchstone of due process is protection of the individual against arbitrary action of government." Id. at 558 (citing Dent v. West Virginia, 129 U.S. 114, 123 (1889)); Fuentes v. Shevin, 407 U.S. 67, 82 (1972) (the procedural due process guarantee protects against "arbitrary taking"). In 2014, New Hampshire enacted RSA 651-A:22-a, also known as the "Earned Time Credits" statute. The structure and language of the statue mandates . . specific credits for various programming and an inmate's entitlement to such credits upon completion of said programs. RSA The question presented before this Court is based on legal precedent . and is an issue of grave importance to all of New Hampshire inmates current and future irrespective of their crime and is as follows: , WHETHER THE COURT ARBITRARILY DENIED THE PETITIONER'S STATE : CREATED RIGHT TO EARNED TIME CREDITS :