Hunt v. Mississippi Department of Corrections
217 So. 3d 789
| Miss. Ct. App. | 2017Background
- Gary Hunt, serving with MDOC after convictions for aggravated assault and later possession in a correctional facility, was found with a cell phone on Dec. 16, 2015.
- He received a Rule Violation Report and, after a hearing, a hearing officer found he possessed contraband and ordered forfeiture of 180 days earned time.
- Hunt exhausted the MDOC Administrative Remedy Program (First and Second Step denials) and sought judicial review in Rankin County Circuit Court, which affirmed the MDOC decision.
- Hunt appealed to the Mississippi Court of Appeals on May 4, 2016.
- While the appeal was pending, Hunt was released on probation on July 28, 2016.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether MDOC unlawfully revoked earned time | Hunt contended the revocation illegally extended his tentative release date | MDOC defended the disciplinary finding and forfeiture under its rules | Dismissed as moot due to Hunt's release on probation |
| Whether MDOC's decision was supported by substantial evidence | Hunt argued insufficient evidence or procedural defect | MDOC argued hearing supported the finding of contraband possession | Court declined to review merits because no live controversy |
Key Cases Cited
- Edwards v. Booker, 796 So.2d 991 (Miss. 2001) (standard for upsetting an administrative decision)
- Tucker v. Miss. Dep’t of Corr., 118 So.3d 690 (Miss. Ct. App. 2013) (release on probation can moot prison-condition appeals)
- J.E.W. v. T.G.S., 935 So.2d 954 (Miss. 2006) (controversies that expire by the time of review are moot)
- Monaghan v. Blue Bell Inc., 393 So.2d 466 (Miss. 1980) (mootness principle)
- Beals v. State, 139 So.3d 776 (Miss. Ct. App. 2014) (no practical benefit from judgment moots appeal)
- Fails v. Jefferson Davis Cty. Pub. Sch. Bd., 95 So.3d 1223 (Miss. 2012) (mootness when judgment provides no practical relief)