Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Hinton v. Ladner

Court of Appeals of Mississippi

February 20, 2018

HENRY HINTON JR. A/K/A HENRY HINTON APPELLANT
v.
BRIAN LADNER, WARDEN APPELLEE

          DATE OF JUDGMENT: 10/04/2016

         COURT FROM WHICH APPEALED: RANKIN COUNTY CIRCUIT COURT HON. STEVE S. RATCLIFF III

          ATTORNEY FOR APPELLANT: HENRY HINTON JR. (PRO SE)

          ATTORNEY FOR APPELLEE: ANTHONY LOUIS SCHMIDT JR.

          BEFORE IRVING, P.J., BARNES AND WESTBROOKS, JJ.

          BARNES, J.

         ¶1. Henry Hinton is an inmate in the custody of the Mississippi Department of Corrections (MDOC), confined at the Mississippi State Penitentiary (MSP). Hinton was found guilty of two rule violations for verbally engaging in bribery with a correction officer and pursuing a relationship with that correction officer. As punishment, Hinton lost privileges for one month. Hinton appealed the decision with MDOC's administrative-remedy program (ARP). Warden Brian Ladner affirmed Hinton's rule violations. Hinton then appealed to the Rankin County Circuit Court, which affirmed MDOC's decision. Hinton now appeals, and finding no error, we affirm.

         STATEMENT OF FACTS AND PROCEDURAL HISTORY

         ¶2. In 2015, Hinton was convicted in Pike County of three counts of possession of a controlled substance with the intent to distribute and one count of attempting to obtain a controlled substance. He was sentenced to serve three five-year terms and one three-year term, with the sentences running concurrently, in the custody of the MDOC.

         ¶3. While an inmate at the Central Mississippi Correctional Facility, Hinton was issued two separate rule-violation reports (RVR) on February 27, 2016. In RVR No. 01553562, he was accused of verbally bribing a correction officer to obtain a slice of pizza from her. The officer stated that Hinton put a note in a box asking her to put any leftover pizza she had in the trash, and he "would be happy to dispose of it."[1] He asked her to flash his cell lights, and he would come get the pizza. At his hearing, Hinton admitted that he put the note in the box, but he claimed he did not ask for or give her anything. In RVR No. 01553563, Hinton was accused of pursuing a relationship with the same correction officer.

         ¶4. At a disciplinary hearing, Hinton was found guilty of both rule violations and lost all privileges for one month. Hinton claimed that as an added punishment he was placed in a much more restrictive area the following day-a claim MDOC denies. In March 2016, Hinton filed grievances for both RVRs with MDOC's ARP, claiming the statements in the note were taken out of context.

         ¶5. In April 2016, Hinton received and acknowledged MDOC's decision. Hinton appealed MDOC's ARP decision to the Rankin County Circuit Court. MDOC responded to Hinton's appeal, stating there was substantial evidence to support the RVRs.

         ¶6. In June 2016, Hinton amended his complaint, claiming his due-process right to notice was violated because he could not read his copies of the RVRs before his hearing. The MDOC filed an answer to his amended complaint denying Hinton's assertions. The MDOC denied that Hinton was transferred to a more restrictive holding area due to the RVRs, that he was punished in retaliation for "getting in [the captain's[2] business, " that he was given illegible copies of the RVRs, or that his note was taken out of context. In October 2016, the circuit court affirmed MDOC's decision. Hinton timely appealed.

         STANDARD ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.