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Administrative Law Keyed to Schwartz
Marion v. Columbia Correctional Institution
Citation:
559 F.3d 693 (2009)Facts
War Marion and his cellmate, Clifford Snipes, were in their cell when the prison psychologist delivered puzzles to them. An argument ensued because Marion received more puzzles than Snipes. When Snipes charged at Marion, Marion clenched his fists in response. The psychologist witnessed this and alerted corrections officers, who separated the inmates and placed Marion in segregation. Marion alleges that prison officials then issued a false conduct report, denied his request for two witnesses at his disciplinary hearing, appointed an advocate who failed to assist him, and kept him away from the hearing while falsely claiming he refused to attend. Following the hearing, Marion was sentenced to 240 days of segregation in the more restrictive “D.S.1” unit, which, combined with a previous term of segregation, resulted in 420 days of segregation.
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