Personal Restraint Petition Of Keith L. Closson, 74583-2

Petitioner Keith Closson challenged DOC disciplinary sanctions imposed after a 2015 prison disciplinary hearing, including the withdrawal of 75 days of "earned time."
Closson’s underlying criminal offense was committed in 1993 (pre-August 1, 1995), and DOC policy limited certain earned-time sanctions to post-1995 convictions.
After the petition was filed, DOC audited and restored the 75 days of earned time and corrected similar sanctioning errors for other inmates; DOC also implemented training and policy changes.
Closson separately challenged the sufficiency of evidence supporting findings that he committed aggravated assault and possessed a weapon (a razor blade attached to a toothbrush) during the incident.
The disciplinary record included officer reports, the victim being taken to the nurse’s station, and a nurse’s report documenting multiple superficial lacerations to the victim’s neck that were treated.
The Court reviewed whether Closson received minimum due process at the disciplinary hearing and whether there was "some evidence" to support the findings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Mootness of earned-time sanction	Closson argued DOC lacked authority to withdraw earned time for pre-August 1, 1995 convictions	DOC restored the time, corrected errors systemwide, and changed procedures	Moot; court need not decide because DOC provided relief and remedied systemic error
Due process at disciplinary hearing	Closson argued insufficient notice/evidence and that aggravated assault requires injury requiring medical care	DOC relied on officer reports, victim escorted to nurse, and nurse’s report documenting treated lacerations	Due process satisfied; Closson received minimum protections and proceeding was not arbitrary or capricious
Sufficiency of evidence for aggravated assault	Closson contended injuries were minor "scratches" and did not meet aggravated assault definition	DOC produced nurse’s report showing treated lacerations and staff accounts of assault with weapon	Some evidence supported aggravated assault and weapon possession findings; conviction upheld
Relief request and collateral consequences	Closson sought modification and other motions related to petition	DOC stated no change to release date and corrected sanctioning errors; court found no collateral consequences warranting relief	Motions denied; petition dismissed

In re Pers. Restraint of Cross, 99 Wn.2d 373, 662 P.2d 828 (mootness prevents effective relief)
In re Pers. Restraint of Mines, 146 Wn.2d 279, 45 P.3d 535 (exceptions to mootness for continuing public interest or collateral consequences)
State v. Turner, 98 Wn.2d 731, 658 P.2d 658 (same)
In re Pers. Restraint of Reismiller, 101 Wn.2d 291, 678 P.2d 323 (standard: arbitrary and capricious review of prison discipline)
In re Pers. Restraint of Krier, 108 Wn. App. 31, 29 P.3d 720 (due process/minimum protections in disciplinary hearings)
In re Pers. Restraint of Gronquist, 138 Wn.2d 388, 978 P.2d 1083 (due process requirements: notice, evidence, witnesses, written statement)
In re Pers. Restraint of Johnston, 109 Wn.2d 493, 745 P.2d 864 ("some evidence" test for disciplinary decisions)
In re Pers. Restraint of Anderson, 112 Wn.2d 546, 772 P.2d 510 (need for reasonable connection between evidence and inmate)
Superintendent, Mass. Corr. Inst. v. Hill, 472 U.S. 445 ("some evidence" due process standard in prison discipline)