Vandever v. Commissioner of Correction, 135 Conn. App. 735

Vandever, incarcerated for multiple offenses, was found in possession of an NIJ publication and charged with conspiracy to escape in October 1997.
He was found guilty of possession of contraband and forfeited ninety days of previously credited good time after a November 3, 1997 disciplinary hearing.
On November 24, 1997, classification staff placed him on administrative segregation, making him ineligible for statutory and seven-day workweek good time credits.
A 2003 settlement credited him with 400 days of statutory good time for time before July 6, 1994 to April 14, 1997, unrelated to the segregation at issue.
Vandever filed a habeas petition in November 2003 challenging the segregation and the ineligibility for good time credits.
The habeas court denied relief and later denied certification to appeal; Vandever appeals the denial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the denial of certification to appeal was an abuse of discretion	Vandever argues the issues are debatable and warrant appellate review.	Commissioner contends the issues are not debatable and certification was properly denied.	No abuse of discretion; certification denied.
Whether administrative segregation violated due process or deprived good time credits	Vandever claims segregation was based on an expunged disciplinary report and violated due process and credit eligibility.	Commissioner contends no due process or liberty interest was implicated and segregation was discretionary.	No due process violation and no protected right to ineligible good time credits.
Whether petitioner has a liberty interest in good time credits lost during segregation	Vandever asserts a statutory right to good time credits was violated by segregation.	Commissioner argues good time credits are discretionary and segregation can render inmate ineligible.	No statutory right to retain good time credits; discretion supports ineligibility during segregation.

Martinez v. Commissioner of Correction, 105 Conn. App. 65 (2007) (no protected liberty interest in classification or good time credits)
Abed v. Commissioner of Correction, 43 Conn. App. 176 (1996) (classification decisions do not automatically create liberty interests)
Beasley v. Commissioner of Correction, 50 Conn. App. 421 (1998) (commissioner can make rules denying good time; discretion preserved)
Gregory v. Commissioner of Correction, 111 Conn. App. 430 (2008) (test for abuse of discretion in habeas certification)
Simms v. Warden, 230 Conn. 608 (1994) (two-pronged test for appellate review of habeas certification denial)
Simms v. Warden, 230 Conn. 608 (1994) (abuse of discretion requires debatable issues and potential for different outcomes)