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17-427 - BUTLER v. SMITH


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17-427 - BUTLER v. SMITH
May 23, 2018
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ENTRY Granting Petition for Writ of Habeas Corpus and Directing Entry of Final Judgment - "The touchstone of due process is protection of the individual against arbitrary action of the government." Wolff, 418 U.S. at 558. Because Mr. Butler was not afforded due process and there was insufficient evidence of Mr. Butler's guilt, the disciplinary finding of guilt was arbitrary and that finding and the sanctions imposed in JCU 17-05-0018 must be VACATED AND RESCINDED. Accordingly, Mr. Butler's petition for a writ of habeas corpus is GRANTED. Judgment consistent with this Entry shall now issue (SEE ENTRY FOR ADDITIONAL INFORMATION). Signed by Judge Jane Magnus-Stinson on 5/23/2018.(DW)