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