Dismissal of Arkansas Prisoner’s Suit over False Disciplinary Action Affirmed
Dismissal of Arkansas Prisoner’s Suit over False Disciplinary Action Affirmed
On May 1, 2014, the Supreme Court of Arkansas affirmed a lower court's decision to dismiss a lawsuit filed by a state prisoner alleging that he was issued a false disciplinary infraction and was denied due process.
The plaintiff, Steven Leroy Swanigan, alleged in his complaint that he was issued a disciplinary report, with malice" and that he received no subsequent due process. Swanigan said that as a result of the false report, he lost good time credits, as well as commissary, phone and visitation privileges.
In affirming the lower court's decision to dismiss Swanigan’s suit, the Supreme Court first noted that under Arkansas law, the State is immune from being sued unless the complaint shows that it or one of its agencies has acted in bad faith, arbitrarily, capriciously, or in a wantonly injurious manner.
Finding that Swanigan's complaint failed to meet these standards, other than "conclusory statements to that effect," the state’s high court found that the circuit court's actions were correct,
Swanigan "did not provide facts to establish that his claims fell within the exception” was the court's final word.
See: Swanigan v. Arkansas DOC (S. Ct. AR) No. 30CV-12-66 (May 1, 2014).
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Related legal case
Swanigan v. Arkansas DOC
| Year | 2014 |
|---|---|
| Cite | (S. Ct. AR) No. 30CV-12-66 (May 1, 2014) |
| Level | State Supreme Court |
| Conclusion | Bench Verdict |