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617 F. App'x 25
2d Cir.
2015
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Background

  • Randy Jamison, a New York state prisoner, challenged prison disciplinary proceedings under 42 U.S.C. § 1983 after a hearing officer (Mark Tokarz) denied witness requests and photographic evidence; Jamison appealed administratively to Norman Bezio.
  • District court granted summary judgment for Tokarz (July 11, 2013) and dismissed Bezio (Sept. 27, 2012); Jamison appealed to the Second Circuit.
  • Jamison argued Tokarz violated his due-process right to call witnesses by relying on unsigned/incomplete "Witness Refusal Forms" and failing to conduct independent inquiries; he also claimed Bezio was liable for upholding the finding on appeal.
  • The Second Circuit framed the appeal around qualified immunity and whether the alleged due‑process right was clearly established.
  • Court addressed futility doctrine: Wolff permits denying witness requests for futility; Silva permits reasonable conclusions that a witness will not testify.
  • Jamison failed to exhaust administrative remedies as to the photographic-evidence claim under the PLRA, so that claim was dismissed separately.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether Tokarz violated due process by denying witness requests Jamison: denial based on incomplete Witness Refusal Forms was insufficient; needed independent inquiry Tokarz: denial was a reasonable futility determination supported by staff statements Held: No clearly established constitutional violation; qualified immunity for Tokarz
Whether the right to call witnesses was clearly established Jamison: Wolff and Ponte clearly establish the right Defendants: Wolff’s right is limited; futility determinations are permitted and not clearly bounded Held: Law not "beyond debate"—officials entitled to qualified immunity
Whether Bezio is liable for affirming on administrative appeal Jamison: Bezio’s affirmation makes him liable Bezio: liability derivative of hearing officer’s conduct; no personal culpability beyond that Held: Bezio entitled to qualified immunity (derivative claim); court did not decide personal‑involvement issue
Whether Tokarz violated due process by refusing photographic evidence Jamison: refusal deprived him of exculpatory evidence Defendants: claim not exhausted administratively under PLRA Held: Claim dismissed for failure to exhaust; summary judgment affirmed

Key Cases Cited

  • Wolff v. McDonnell, 418 U.S. 539 (1974) (recognizes limited right of inmates to call witnesses in disciplinary hearings)
  • Ponte v. Real, 471 U.S. 491 (1985) (inmate’s right to call witnesses is limited by prison safety and administrative concerns)
  • Silva v. Casey, 992 F.2d 20 (2d Cir. 1993) (upholding futility determinations when a witness will not testify)
  • Ashcroft v. al-Kidd, 131 S. Ct. 2074 (2011) (qualified immunity analysis permits deciding the "clearly established" prong first)
  • Reichle v. Howards, 132 S. Ct. 2088 (2012) (qualified immunity framework reiterated)
  • Davis v. Scherer, 468 U.S. 183 (1984) (violation of statute/regulation does not automatically defeat qualified immunity for constitutional claims)
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Case Details

Case Name: Jamison v. Fischer
Court Name: Court of Appeals for the Second Circuit
Date Published: Jun 30, 2015
Citations: 617 F. App'x 25; 14-805-pr
Docket Number: 14-805-pr
Court Abbreviation: 2d Cir.
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