Benjamin v. State
Benjamin v. State
Opinion of the Court
The appellant, Truman S. Benjamin, appeals from the circuit court’s dismissal of his petition for writ of habeas corpus wherein he contested the validity of a 1991 disciplinary proceeding and of a resulting custody reclassification proceeding. In the disciplinary proceeding, Benjamin was charged with fighting with a weapon, but be was found guilty of disorderly conduct. As punishment, the hearing officer recommended loss of 30 days’ store and visitation privileges and referral to social service for a custody upgrade. Allegedly, Benjamin’s custody was consequently upgraded from medium “9” custody to administrative segregation, maximum security custody.
As grounds for his allegation that he was denied due process, Benjamin alleged in his petition the following: (1) while in investigatory detention, he was not released from the single cell or served with another de
In response to these allegations, the state filed an “Answer and Motion to Dismiss” wherein it generally denied each allegation and alleged that “[t]he disciplinary action imposed on [Benjamin] in this matter has not deprived [him] of any liberty interest and does not give rise to a constitutional claim.” To this answer, the state attached copies of the disciplinary and related documents and of incomplete documents pertaining to the reclassification hearing. The state claimed generally that these documents refute the petition’s allegations and show that Benjamin was afforded the full range of due process rights.
In summarily dismissing Benjamin’s petition on the state’s motion, the circuit court made no specific finding.
We consider that the record before us does not contain sufficient facts to uphold the circuit court’s ruling or to. even clearly determine on what basis the court dismissed Benjamin’s petition. Based upon the pleadings, especially the very general pleadings submitted by the state and attached documents that do not contradict all of the petition’s allegations, and upon the nonspecific order of the court, we cannot reconcile or distinguish the court’s ruling, if finding that no liberty interest was affected, with the following cases: Moulds v. State, 502 So.2d 384 (Ala.Cr.App. 1986) (wherein the court appeared to consider that the due process procedures of Wolff v. McDonnell, 418 U.S. 539, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974), apply to transfers from general population to administrative segregation); Richie v. State, 481 So.2d 454 (Ala.Cr.App. 1985) (same); Fielding v. State, 409 So.2d 964 (Ala.Cr.App. 1981) (wherein the court intimated that Wolff v. McDonnell requirements are applicable to a change in custody classification from
“In post-Hewitt cases, arguably the process due an inmate confined to segregation should turn not so much on whether the segregation is labelled disciplinary or administrative, but on its effect: if a statutorily created benefit such as good time will be lost or if the segregation will have a significant adverse effect on parole, then the stricter due process safeguards outlined in Wolff v. McDonnell ... should apply”).
Accordingly, this cause is remanded with directions that the state specifically answer the allegations of Benjamin’s petition and that, thereafter, the circuit court again consider Benjamin’s petition and issue specific findings. The court shall take all necessary action in sufficient time to permit the circuit clerk to make a proper return to this court at the earliest possible time within 60 days of the release of this opinion if no evidentiary hearing is deemed necessary or within 90 days if a hearing is held.
REMANDED WITH DIRECTIONS.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.