WILLIE LIGHTFOOT, APPELLANT,
v.
LOUIE L. WAINWRIGHT, APPELLEE
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PER CURIAM.
Lightfoot appeals a denial, without hearing, of his Petition for Habeas Corpus. The only allegation which requires discussion is his claim that he was not given a written statement as to the evidence relied on and reasons for the disciplinary action. If this is true, appellant’s due process rights were denied. Wolff v. McDonnell, 418 U.S. 539, 564-565, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974); Kirby v. Blackledge, 530 F. 2d 583, 585 (4th Cir. 1976). The failure to give appellant such a statement also violates Florida Administrative Rule 33-3.08(13)(m). The documents comprising the record below do not refute this allegation. Therefore, this cause is remanded for an evidentiary hearing to determine the truth of the allegation.
MILLS, Acting C. J., ERVIN, J., and MASON, ERNEST E., Associate Judge, concur.
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Jerry v. Louie L. Wainwright, 383 So. 2d 1110 (Fla. 1st DCA 1980)…legation of prejudice as a result of this alleged error. Finally, we agree with Jerry that the Department should have provided him a written statement of the evidence relied upon and the reasons for the disciplinary action. Lightfoot v. Wainwright, 369 So. 2d 110 (Fla. 1st DCA 1979). Therefore, on remand the Department is directed to furnish a copy of the written statement to Jerry. In all other respects, the order is affirmed. BOOTH, J., concurs. ERVIN, J., concurs and dissents with opinion.…
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Brown v. State, 375 So. 2d 66 (Fla. 2d DCA 1979)…the first district court of appeal has on several occasions permitted prisoners to seek habe-as corpus relief when they raised constitutional issues, without considering whether they could have sought administrative review. Lightfoot v. Wainwright, 369 So. 2d 110 (Fla. 1st DCA 1979); Swarez v. Wainwright, 363 So. 2d 833 (Fla. 1st DCA 1978); Bagley v. Brierton, 362 So. 2d 1048 (Fla. 1st DCA 1978); Hanks v. Wainwright, 360 So. 2d 783 (Fla. 1st DCA 1978).2 Appellant has a constitutional right to collateral rel…
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Strong v. Louie L. Wainwright, 385 So. 2d 169 (Fla. 1st DCA 1980)…of due process in a prison disciplinary proceeding. He has raised eight points for review. One issue has merit. Appellant asserts that, according to Wolff v. McDonnell, 418 U.S. 539, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974), and Lightfoot v. Wainwright, 369 So. 2d 110 (Fla. 1 DCA 1979), a prisoner must be given a copy of the written statement of the evidence relied upon and the reasons for the disciplinary action against him. We agree. We, therefore, reverse and remand with directions to the Department of Correct…
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- Wolff v. McDONNELL, 418 U.S. 539 (U.S. 1974)
- Kirby v. Blackledge, 530 F.2d 583 (4th Cir. 1976)