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Personal Restraint Petition Of Robert Spencer Rose
80083-3
| Wash. Ct. App. | Jun 14, 2021
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Background:

  • After a family visit at Washington Corrections Center, a routine strip search of Robert Rose produced a small folded paper from his sock containing three Suboxone tabs.
  • DOC charged Rose with introducing unauthorized drugs; at the disciplinary hearing the officer reviewed video and found Rose guilty and deducted 75 days of good conduct time.
  • Rose requested video evidence and argued the visitation-room footage would show his visitor slipped the item to him or that the paper was already on the floor; he also argued DOC violated its policy requiring two staff during strip searches.
  • The superintendent’s designee denied Rose’s appeal; Rose then filed a personal restraint petition challenging (1) his access to and the hearing officer’s consideration of video, and (2) DOC’s failure to follow its two-staff strip-search policy.
  • In response to the petition, DOC expunged the infraction, restored Rose’s lost good time, and adjusted his early release date.
  • The court concluded the expungement and restoration rendered Rose’s challenges moot and dismissed the petition without reaching the merits.

Issues:

Issue Plaintiff's Argument Defendant's Argument Held
Right to personally examine surveillance video Rose: entitled to personally view video to rebut contraband transfer allegation DOC: provided hearing evidence; post-petition expungement/restoration cures the injury Dismissed as moot; relief rendered effective by expungement/restoration
Hearing officer failed to consider all relevant video Rose: officer did not review all available footage and so process was inadequate DOC: hearing reviewed video and other evidence; expungement renders claim moot Dismissed as moot; court did not reach merits
DOC violated its strip-search policy (two-staff rule) Rose: policy required two staff during strip search, violation undermines procedure DOC: procedural defect alleged but expungement and restoration negate present restraint Dismissed as moot; policy-compliance claim not adjudicated

Key Cases Cited

  • In re Pers. Restraint of Grantham, 168 Wn.2d 204 (sets standard for personal restraint petitions under RAP 16.4)
  • In re Pers. Restraint of Isadore, 151 Wn.2d 294 (framework for establishing unlawful restraint in PRPs)
  • In re Pers. Restraint of Higgins, 152 Wn.2d 155 (agency alternative remedies can render court relief unnecessary)
  • In re Det. of Cross, 99 Wn.2d 373 (mootness: court cannot provide effective relief when remedy already given)
  • In re Pers. Restraint of White, 25 Wn. App. 911 (court need not consider moot issues)
  • In re Pers. Restraint of Mines, 146 Wn.2d 279 (court may decide technically moot petitions only for matters of continuing substantial public interest)
Read the full case

Case Details

Case Name: Personal Restraint Petition Of Robert Spencer Rose
Court Name: Court of Appeals of Washington
Date Published: Jun 14, 2021
Docket Number: 80083-3
Court Abbreviation: Wash. Ct. App.